South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-10-26
PERMITS TO SELL
BEER AS MEDICINE
NOMINATED HERE.
Opinions of Local Men Differ.
However, on States Status
on Beer Sale.

Whether or not the Indiana
statute prohibiting the manufacture
OF beverages containing more than
one-half of one percent Of alcohol
J Will be strictly enforced regardless
of Sec'y Melons edict permitting
the sale of beer on a physicians
prescription brought forth divergent
views locally Tuesday.
Officials of the Muessel Brewing
Co. declared that there was in store
! by the local brewery a large supply
of beer and the company only await
ed the receipt of a federal permit
allowing it to turn to local druggists
the product already on hand and
their continued manufacture of beer
TO supply the demand.
I'VE are already to go and await
our permit" was the statement
forthcoming from A J. Muessel
Tuesday as to his Interpretation OF
the secretary of the treasury's or
der.
Beer Tabooed," HOban Says.
But Thomas B. Hoban OF the
South Bend Brewing association,
/ manufacturers of the "Hoosier
Cream" brand Of near-beer, takes
an opposite view. According to him,
beer for medicinal purposes is
| tabooed in Indiana until the state
legislature rescinds or amends the
act of 1921 prohibiting the manu-
facture or sale of alcoholic bever-
ages containing more than the Vol
stead restriction percentage of al
cohol.
The Indiana state legislature of
1921 passed an act which amended
previous legislation as to intoxicat-
ing liquor where the manufacture Of
beer by Indiana breweries or the
sale Of beer within the state is con-
cerned." said Mr.. Hoban. adding:
we for one are not prepared TO
violate the state law prohibiting the
manufacture of beer"
U. s Laws Supercede Claim.
I. According to opinions generally
voiced by certain men in the legal
profession locally. the act referred
to permits a physician to prescribe
only pure grain alcohol and does not
include but restricts prescriptions
of any and all spirituous. vinous and
malt beverages.
Against these opinions stands Mr..
| MuessePs argument in interpreta-
ting the Indiana statute. In his opin-
ion the state legislature in ratifying
the federal prohibition amendment,
! in effect in January, 1919, must
1 ccuntenance and permit any changes
in the law made by future amend
ments by the congress or interpre-
tations by the treasury department
and acquiesced to by congress.
Congress in refraining to pass
legislation against Melons action of
Monday, acquieses in the secretary's
Interpretation. and following his &C
tioH permitting the sale of beer by
medical prescription. the state law is
not now applicable to the present
status of the situation in Indiana"
Dry Enforcement Affected
Chief of Police Peter Kline was
requested to give his opinion.
THE letting down of federal re-
strictions in beer making will make
enforcement locally OF liquor laws
a sitter job for the police. There
are certain people that will try hard
not 10 distinguish the difference be-
tween beer-making or its sale, and
the manufacture and bootlegging OF
whisky"
Pros. Floyd Jellison, however. is
frank in declaring that Sec'y Mel
Ions action will finally end in the
federal supreme court TO the restor-
alton of strict enforcement against
the making of beer and it's sale for
whatever use. medical prescription
or otherwise. He said:
Melons action appears 10 me to
be entirely arbitrary. He or others
might just as we'll put whisky on
the list with beer"
State Laws Defines.
The prosecutor declared himself
unwilling 10 believe that the depart
ment Of internal revenue would is
sue permits 10 brewers within the
state of Indiana or any other state
where the state law specifies against
the sale of beer.
MY Interpretation of Indiana
state laws on the subject OF sale OF
beer does not Permit the federal
treasury department nor the inter-
nal revenue heads to grant permits
10 Indiana brewers permitting the
sale nor the shipment Of beer in or
out of the state" continued the
prosecutor Suffice 10 say any one
acting upon a federal permit in di-
rect opposition TO the enacted law
OF the state Will meet with prosecu-
ton from my office"
Doctors Undecided.
DR.. r. c. Shanklin. president OF
the South Bend Medical association,
when asked what he thought the at
titude OF medical men in this city
would be II beer may be given the
sick, stated that the medical asso-
citation here has had no discussion
on the matter and that he was in
doubt just how South Bend doctors
would receive the news.
Or. Shanklin, however. stated
that many OF South Bend doctors
had previously prescribed beer for
the sick before prohibition.
Each doctor has his pet pre-
soription and the medical associa-
ton has no authority 10 govern
over these" DIT. Shanklln stated
/ Oh. fI.,o~1...,,o H.