Evening star., 1921-03-09
US. CANNOT LIMIT
LIQUOR PERMITS IS
RULING OF PALMER
Physicians May Prescribe as
Much Whisky, Wine and
Beer as They Desire.
NO CURBS ARE PLACED
ON NUMBER OF SELLERS
Opinion of Attorney General on
Volstead Act Most Far-Reaching q.
Yet Rendered.

ASS AsShoSASu'
The Secretary of the Treasury and
the commissioner of internal revenue
are without authority to limit the
number of permits that may be issued
for the manufacture of whisky. wines
or beers. nor may the number of
wholesale or retail establishments
permitted to sell such goods be linn
tied under the present law, according
to a decision given by A. Mitchell
Palmer on the eve of his retirement t
as Attorney General, and made public
today by the bureau of internal reve-
nue..
The opinion is one of the most
sweeping ever made affecting the Vol
stead act, and it holds that physicians
under the law may prescribe the
amount of wine or beer their patients
require. but that the government OFF,
rIals may not say what the limit may
be, their only duty being to assure
themselves that the physician is act
ing in good faith.
Answers Treasury Questions.
The Attorney Generals opinion was
dated March 3, and is in reply to speci-
fc questions asked him by Secretary
OF the Treasury Houston. under date
Of February 81. The questions were
hCtAci lllc OIL Internal
revenue, under the present law, is au-
thorized to issue permit for the man.
ufacture, for medicinal purposes, of
whisky. beer and other malt liquors,
and wine and other vinous liquors.
In case these three questions were
answered affirmatively. the Attorney
General was asked to say whether the
quantity to be prescribed by physicians
might be limited by the commissioner
end whether the number of permits
Tor the manufacture or sale of alco-
holic liquors could be limited to a GER
tam number in any section of the
country or in the country as whole.
The reply was to the effect that the
manufacture OF alcoholic drinks for
medicinal purposes was within the
scope of the law, but that the guam
tity to be prescribed might not be
limited except as limited by the law.
which allows but a pint of spirituous
liquor to one person every ten days.
This was held not to apply to malt or
vinous liquors.
Text Of Opinion.
Concerning the Limitation OF per-
mits for the manufacture or sale of
liquor the opinion says:
Il am constrained to the view that
the commissioner and the Secretary
are without authority TO limit the
VI ptIUlItS 10 pS issued IOE
the manufacture or sale of liquor for
medicinal purposes within a particu-
lar section of the country upon the
sole ground that d given number Will
be sufficient.
The manufacture or sale of liquor
FOR medicinal purposes has not been
prohibited. The constitutional amend
ment does not expressly confer power
to prohibit either. 1t may be assumed
that Congress. for the purpose OF
making the prohibition law effective,
could have placed some limit upon
the quantity of liquor that should
either be manufactured sold for
medicinal purposes, and that il might
have indicated in general terms the
character of such limitation and au-
thorize the executive officers to carry
out the purpose thus expressed by
proper regulations. I can find in the
act. however. no purpose either to d.
rectly impose such a Limitation or TO
confer upon the executive officers any
power to do SO. | think. therefore,
that regulation having this in view
would be in effect an amendment Of
10 carry out the express purpose of
Congress.
Not Ordered by Congress.
IF there are a number of reputabl
drug stores in community ! cannot
md in The act anything which au-
thorizes the commissioner and Sec
retary to say that some of them
shall be denied permit merely be-
cause in the opinion of these officers
the others will be able to meet the
legitimate demands for liquor for
medicinal purposes. II may be that
Congress might have conferred the
power 20 thus select what may be
deemed a sufficient number to re-
csfye permits. and then TO deny all
other applications made from the
same community. But DO not think
that this has been done.
with respect to sales at wholesale
for any non beverage purpose, the act
imposes limitations as to the class Of
persons who may receive permits. But
'rimInate between persons within that
class by limiting the number of per-
rnits 10 be issued.
with respect to persons Who ma Y
receive permits to manufacture there
does nor seem TO he any Limitation as
10 the class Of such persons.
"On the whole. | ara OF the opinion
that there is no authority to limit the
number OF permits either locally or
for the country as q whole because
the commissioner and Secretary may
be of the opinion that larger num-
Der are not necessary"
Commissioner Williams. in making
public the opinion, did so without
comment saying that he had not had
an opportunity TO discuss the subject
with Prohibition Commissioner Kra
Yncr and therefor" had prepared no
regulations to carry out the construc-
lion of the law by Mr. Palmer. He
said, however. that the bureau would
give the matter its immediate atten-
ton and expected to prepare some
regulations at very early date.