New-York tribune., 1921-03-10
Real Beer on
Tap Here Soon
To Tone Up iii
New York Among 9 States
Benefiting by Palmer's
Ruling, but Laws of 80
Others Forbid lis Sale
Wheeler Cites Statutes
U. S. Finding Prohibits Re.
striction on Number of
Manufacturers Permits

WASHINGTON, March 9-New York
is one of nine states which will be
affected by the ruling of A. Mitchell
Palmer, former Attorney General, made
public to-day, under which beer may
be prescribed in unlimited quantities
as medicine, it was brought out here
to-day by Wayne B. Wheeler, general
counsel for the Anti-Saloon League
The ruling applies also to wine.
MIR. Wheeler said that in thirty nine
states laws prohibited the prescribing
Of beer and would therefore render
the ruling ineffecti1N in those states.
He attacked the ruling as not in ac-
cordance with the purpose of the Vol
stead act
Mr.. Palmer's ruling makes 1t possible
for all alcoholic liquors to be used for
medical and other non beverage pur-
and sold for these purposes, subject
only to the limitations Of the Volstead
act on non-beverage intoxicants.
Reply to Officers Queries
The opinion was written by former
Attorney General Palmer the day be-
fore he retired from Office, and was in
| internal revenue and prohibition Off
Gals bearing on construction of half a
dozen moot points in the law.
Whether it will upset any regula-
tions of the revenue and enforcement
bureaus had not been determined to-
night, Commissioner Williams, Of the
revenue bureau, saying he had not had
an opportunity to study the opinion.
He made it public without comment,
and said that officials concerned with
enforcement would prepare at once to
draft regulations carrying out the At
torney Generals construction of the
dry law.
There were many rumors ahoat that
the opinion had wrecked plans of dry
advocates to obtain further restriction
Of liquor sales. Officials refused to
comment on the reports.
Antiquities in Opinion
Mr.. Palmer's opinion appeared am
biguous in some respects, officials said,
and as a result they were unable to
power, in the light of the ruling, to
limit the number of prescriptions which
a physician may write. Mr. Palmer de-
clared he believed it the purpose Of
Congress to leave the physician "un-
fettered by governmental CONTROL" yet
he thought that regulations might
properly restrict the amount to be
sold on any one prescription.
Mr.. Palmer called attention to pro-
visions Of law which apparently had
left the physician to act on his judg-
ment He suggested then that when
& physician abused the privilege he
could be dealt with criminaily, but
added that in no case should the judg-
ment of the physician be supplanted
by that of enforcement officials, a stu-
alton he believed would result from
regulations attempting to control the
use Of prescriptions.
Law Forbids Discrimination
Replying to the question whether
the government could restrict the num-
Der of permits to manufacture, sell, or
prescribe in any state or community
Mr.. Palmer explained that the Vol
stead act had limited only the classes
to which permits could be issued, and
had permitted no discrimination be-
tween persons within those classes. He
not be done legally even though Of
fcials we're convinced that fewer per
mits would suffice in any given state
or city.
Mr.. Palmer advised officials that they
had "ample authority" to write such
regulations as they believed necessary
to make certain the enforcement of the
law. Dry advocates stressed this state
ment, declaring that by it means would
be found which would circumvent and
handicap the sale of beer and wines
and would not throw open the door to
the manufacture of quantities of high
alcoholic beer again, as anti-prohibi
tionists insisted.
"The construction of the Volstead
act by Mr.. Palmer. is not in accord
with the purpose of the law" said Mr..
Wheeler The law authorizes the pre-
CONTINUED on pass ninetsen)