Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-03-12
M PROHIBITION ON
MEDICINAL LIQUORS,
DEPARTMENT RULES

WASHINGTON. March 10.-The
government is without authority tc
prohibit or limit the manufacture
n-beverage purposes, according tc
an opinion by the attorney general
made public by the internal revenue
bureau.
The opinion, one of the most COM
prehensive dealing with the question
of prohibition, expressly states that
there must be no limitation on the
use of liquors except that prescribed
by congress in limiting the sale of
spirituous liquors to one pint for
ten days The question of limiting
this, the opinion said, is left to the
good faith of the physician.
Up to Physician
subsequent to this Imitation -
the opinion continued, obviously
there has been committed not to the
Judgment of the commissioner of in
ternal revenue and the secretary of
the treasury, but to the professional
judgment of the physician, the ques-
ton of the quantity of liquor that
may be used to advantage as medi-
cine in each case.
''As to this question, l think the
was to leave the physician
unfettered by government control,
but subject to be dealt with crimi-
nally and by revocation of his permit
if he acts in bad faith"
The opinion existence of which de-
came known Sunday, was signed by
the then Attorney General Palmer,
and was dated March 8.
Commissioner Williams made pub
lie the opinion without comment,
saying he had not had opportunity to
discuss the subject with Prohibition
Commissioner Kramer and therefore
had prepared 10 regulations to carry
out the construction of the law by
Mr.. Palmer. He said, however, that
the bureau would give the matter it's
attention and expected to
prepare some regulations at very
early date.
Mr.. Palmer also held that the gov
eminent also was without authority
to limit the number of permits to
manufacture or sell within any state
or locality.
IT cannot believe" he said, 1T was
the intention that the executive Of
ficers should have authority to say
that one reputable druggist in a COM
munity should have a permit and
another equally reputable should
not"
With respect to sales at wholesale
Tor any non-beverage purpose, Mr.
Palmer said:
"On the whole, L am of the opinion
that there is no authority to limit
the number of permits, either locally
or for the country as a whole, be-
cause the commissioner and secre-
tary OF the treasury may be of the
opinion that a larger number are
not necessary"
May Change Ruling
Internal revenue officials are con-
s:ldering removal of the ban prohib-
iting Withdrawals of liquor from
Commissioner Williams
said today. The order was issued last
December to permit wholesale liquor
dealers TO dispose of their stocks on
hand and Mr.. Williams said he be-
lieved the purpose of the order vir-
tually had been accomplished.
The decision of revenue and pro-
hibition officials not to grant permits
to wholesale dealers hereafter. put
ting an end to their business. will
stand, according to Mr.. Williams.
The law provides that the retail
druggist may purchase direct from
the warehouses and on that basis
Mr.. Williams belieced the decision
Of the enforcement officials should
stand.
WASHINGTON, March 10.-Prohi-
bition Commissioner Kramer today
was considering issuance of warn
ing that the manufacture or sale or
beer containing more than one-half
Of one per cent of alcohol for beVer-
age purposes will bring prosecution.
This warning, if issued, will be to
an impression that recent
rulings by former Attorney General
Palmer would allow the manufacture
and sale of beer despite the provi-
sions of the Volstead act.
Mr.. Palmer's rulings covered only
beer for non-beverage or medicinal
purposes, Mr.. Kramer pointed out.
One Of Mr.. Palmer's rulings al
something which Mr.. Kramer and
other drys~ believed forbidden under
the Volstead act. The second ruling
put beer on the same basis as whls-
ky and prevented Mr.. Kramer from
the number of permits for
it's sale or manufacture.
There seems to be a misapprehen-
sion about the rulings" Mr.. Kramer
said. ct is not legal to make beer
for beverage purposes"
He and others in the internal reVe-
nue. bureau today were drawing
rules and orders to meet the condi-
ton created by Mr.. Palmer's rulings.
1t will be some time before these
can be formulated.
The anti-saloon league has point
ed out that in 80 states, the state :,ro-
hibition codes definitely prohibit
manufacture or sale of beer for any
purpose.
NEW YORK, March 10.-Real beer
mot near beer-soon will be obtain
able in New York as a result Of a
ruling by former Attorney General
Palmer, mado public yesterday,
permits may be obtained for
the manufacture of beer for medici-
nal purposes containing more than
one half Of one per cent alcoholic
content.
Jacob Rupert, president of a large
brewing company, bearing his name,
announced that his concern would
begin manufacture of real beer i'm
mediately. He declared that there
was no question of the legality.
Austria Is Ordered