Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-10-27
BEER BILL CERTAIN
TO GET INTO COURTS
BY DAVID LAWRENCE
Ueased Wire Service to The Journal
(Cnnvrirht. 1921

olCciL DeiIIlS euCIW SSIl I'll c1l1u
liberals" over the use of beer and
| light wines for medicinal purposes.
The treasury department has issued
| Sicians to prescribe beer or wine for
sicians to prescribe beer or wine Off
the sick. Congress has under con-
| sideration a bill which would wipe
out those regulations the instant
the measure is passed which prob.
ably will be within a few weeks.
Then the controversy will go to
the courts to determine whether the
prohibition amendment to the fed
| eral constitution intended to pro-
hibit the manufacture of intoXicatig
liquors 'for beverage purposes
only or whether the American peo-
pie who supported the amendment
intended that the sick should, OF
| course, be permitted to have what
| ever physicians thought would as
sist their return to health.
Test Case Certain ..
The so-called anti-beer bill now
pending in congress has been at
tackled by some physicians as dan
gerous and defended by others as
of no consequence to the practice of
medicine. Senator Ball, of Della
ware, himself a physician, has
fought vehemently against the
measure declaring that in his ex-
perience the use of liquors had been
of considerable benefit to patients.
Teh great question is whether the
anti-beer bill which would amend
the Volstead act, is constitutional.
Only the supreme court of the Unit
ed States can decide that. A test
case surely will be brought the mo-
ment the measure has gone through
congress.
Meanwhile, the issuance by the
treasury department of the new
regulations interpreting the original
Volstead act as permitting ply
sicians to prescribe beer or wine is
variously regarded.
Between Two Fires
Some of the drys think it is in
tended to prejudice their case by
crystalizing public opinion on the
subject Of the use of liquors for me-
dicinal purposes. Some of the liberals
insist that the regulations were is
sued SO as to stimulate the dry
forces into getting the anti,beer bill
through congress.
The truth is, the treasury depart
ment for more than a year has been
between two fires-the anti-saloon
league on the one hand insisting that
the regulations be held up so con-
gress could act, while the owners of
breWeries and other manufacturing
establishments have insisted that the
treasury had no right to prevent
the manufacture of beer and light
wines for medicinal purposes i'm the
absence of a specific law to the con-
trary.
Indeed, many breweries, especially
in the old wet states, have been kept
in commission for more than a year
because of an expectation that these
regulations would be issued any day.
Palmer's Opinion
Attorney General Palmer was the
first to render the opinion that the
Volstead act could not prevent the
making of beer and light wines for
physicians prescription. Attorney
General Daugherty concurred in
that view, but the treasury depart
ment has been hesitant to do any
thing that might involve it in the
controversy going on in congress.
1t has begun to look lately, how
ever, as if the anti-beer amendment
nitely held up. There's clause in it
permitting prohibition agents to
search private homes and private
property without a warrant and this
is declared by senator's, some Of
whom are "wet" and some of whom
have voted dry" to be violation of
article five of the federal constitution
guaranteeing citizens against unlaw-
full search of their dwellings,. 1t
would not be surprising if the pro.
hibition forces had to yield their
point about search and seizure in
order to get the anti-beer bill
through.
Even then the contest will be caS.
ried to the courts on other grounds
of unconstitutionality.
U. S. to Keep Record
AS matter of fact the new treas.
ury regulations will not be far
reaching. They do not in anyway
affect the many dry states which
passed laws prohibiting the bring
ing into their jurisdiction of any in.
toxicating liquors. The state laws
are by no means uniform but nc
federal law can, of course, grant a
| right on the subject of liquor en-
forcement which is taken away by
state lazy.
In such states as New York, Penn.
sylvania, Massachusetts, Illinois
California which never went dry be.
fore the eighteenth amendment was
| adopted, the new treasury regula
tons will permit breweries to resume
at once the manufacture and bot
Ting Of liquors for medicinal pur.
poses. The regulations are so drawn
| that a concern which manufactures
near beer will have to build a sep.
arate plant for real beer and wines
so as to avoid any possibility of con.
fusing the products Of zach plant
Supervision by government agents
at periodic intervals is provided for
and record will be kept of all trans
actions so the government can easily
determine whether the privilege of
making beer and wines for medicinal
purposes is abused. One Of the pen
alties will be revocation Of the per-
NIT to make any Intoxicating liquors
Just as soon as congress passes
the anti-beer bill, the new regula-
tons will be officially nullified. Many
breweries are not likely to invest
money in preparing for medicinal
beer and wine business with the
prospect of seeing the permission
taken away at any moment within
the next sixty days. The period of
waiting will be continued until the
supreme court has said the final
word.
u s. Asked for Use