New-York tribune., 1921-03-26
O'Connor Ends
Dream Of Beer
And Wine Sale
Dry Chief Declares Only
Registered Pharmacists
May Fill Prescriptions
Issued by Physicians
Grocers Can't Handle 1t
Permits Will Be Limited, He
Says, Despite Opinion of
Palmer on the Question

Beer and wine will not fiow frcely
IN drug stores and corner groceries as
q result of the recent opinion Of for-
NOR Attorney General Palmer. relating
70 the prescribing Of wines, beers and
ales by physicians. C. r. O'Connor,
State Prohibition Director, blasted the
hopes Of the "wets~ when he said yes
terday that careful reading OF the
statement by MT. Palmer showed that
1t could not be taken to mean the cx-
tensive sale Of beer and wine in drug
stores and groceries.
In reference to the limitation Of the
quantity and kind Of liquor which
might be prescribed, Mr.. O'Connor
said:,
1T is the opinion of the Attorney
General that regulations very properly
may be promulgated by the commits
sioner limiting the quantity Of liquor
of any and all kinds which shall be
called for by a single prescription and
providing that no prescription shall
call tor more than the physician act
ing in good faith believes actually
will be required during a given num-
simply provide that no prescription
shall cali for more than . given guam
tity Of liquor.
."1No permit to make sales at retail
can be granted except to q druggist
who himself is q licensed pharmacist
or who employs such . pharmacist.
Therefore, the suggestion that the COR
ner grocery by simply employing q
pharmacist perhaps for few hours \
day, can obtain permit to dispense
liquors at retail is without Foundation
So long as I am Federal Prohibition
Director Of the State Of New York no
person not a pharmacist or in good
faith employing pharmacist and OPP
Grating q drug store which substantial
~ complies with the requirements,
will be permitted to obtain a permit
to sell liquors at retail, unless I re-
ceive instructions from my superior
officers at Washington to the contrary,
and am not expecting such instruc-
ions"
II His opinion former Attorney Cen
eral Palmer held that there could be
no discrimination within the class OF
pharmacists complying with the act
and that this prevented the arbitrary
limiting of the number of permits to
be issued. He held that there was no
authority in law to limit the number
Of permits, either locally or for the
country as whole.
"Whilc this is perhaps true as al
legal proposition" said the State Pro-
hibition Director, in commenting OH
this point, practically, in my opinion,
there will be little difficulty in limit
ing within reasonable bounds the num-
Der of permits which are to be granted
to the wholesaler, the retailer or the
manufacturer, and make this state
aent as the result Of my experience
as Federal Prohibition Director in this
state, having been continually acting
isibition Department was organized"
{ State Prohibition Director O'Connor
and the men in his department are act
ing exactly as they were prior to tht
Attorney Generals opinion and will
continue. to do so until the new regu-
lations made necessary by the opinion
are promulgated by the Washington
authorities. Mr.. O'Connor said he un-
derstood they are being formulated
now.