The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-11-10
MORGAN'SO.K.ON
MEDICINAL BEER
Announces That SeversOn
Act Doesn't Bar Issuing
of Prescriptions.
CITES FEDERAL Law
by Associated Pressl

Madison, Wis.-The Severson prohi
bition enforcement law will not inter
fere with the manufacture or sale
beer for medicinal purposes in Wis
consin, William J. Morgan, attorney
general, today informed Theodore G
Lewis, district attorney for Dane coun
ty, in his first official opinion on tn,
subject since federal regulations wen
into force authorizing its prescription
The attorney general bases his deci
sion on the ground that the section
of federal regulations number go, whici
originally prohibited doctors from pre-
scribing beer, twas not a lawful regu
lation, and therefore, under the defni
ton adopted by the Severson law, wa
no part of the national prohibition &C
and did not become part of the Law
of Wisconsin"
Following this stand of the attorney
general, it is believed that Prohibition
Commissioner Smith will promulgat
state regulations to govern brewerie
in the manufacture and distribution
their product. Permits have alread
been issued manufacturers and doc
tors so that it is believed that bee
will be obtainable within a few day
in some places of the state.
Enthusiastically, while the feder;
authorities could not prohibit the pre-
scribing of beer by physician afte
careful physical examination" tn
opinion of Morgan states, "it wa
within the power of the federal pre-
hibition commissioner and the secre
tary of the treasury to limit the dis
tribution of liquors for medicinal pur
poses in such manner as would avol
abuses and prevent persons obtaininl
liquors that might never be require,
for medicinal purposes.
"The recent federal regulation which
limits the quantity of beer that may
be prescribed at one time for use by
the same person to 218 gallons is Il
lawful regulation under the VolsteaJ
act, and l may say therefore, tina
where a physician holding a permit
under the Severson law, and holding q
federal permit to prescribe liquor, pre-
scribes for a single patient for use by
such person only, 215 gallons of in
toxicating malt liquors such as beer
neither federal nor state law is VIC
lated.
u. S. May Regulate.
GAS was said by the encouragement
of the United States, subject to the
limitation of careful physical eXamin
alton by physician, the prescribing
of liquor has been committed, not to
the judgment of the commissioner and
secretary Of the treasury but to the
professional judgment of the physician
and the intention Of the law was to
leave the physician unfettered by gov
ernmental control except as hereinbe
fore stated, subject to be dealt with
criminally and by revocation Of his
permit if he acts in bad faith"
If the original regulations prohibit
ing prescription of beer for medicinal
purposes are lawful regulations under
the Volstead act then "beer cannot now
lawfully be prescribed by physicians in
their practice in Wisconsin without
violating the Severson act, although
such prescribing of beer would not
constitute a violation of the nationa
prohibition act" the opinion says. It
is concluded, however, that these regu-
lations were not lawful
In discussing the question of pre-
scription by doctors, Attorney-Genera
Morgan quotes the state statute which
says that prescriptions for intoxicat
ing liquors may be issued only as pro
vided in the national prohibition act
by physicians holding a permit unde-
this chapter. Provided that no licensed
physician shall issue any prescription
for Intoxicating liquor for the use Of
any minor unless he shall at the same
time deliver to the parent or guardia
of said minor a certificate in writin
stating that in his judgment intoxica
ing liquor is necessary for the healtl
of said minor"
Doysoo Co.,