The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-10-26
BATTLE LINES
| DRAWN IN NEW
| LIQUOR FIGHT
Supreme Court May
Decide sBeer-for-
Sick Question.
BY DAVID LAWRENCE.
Copyright, 1871

Washington, Oct rs. = Today
marks the beginning of another
| great battle between "drys" and
/ liberals" over the use of beer and
/ light wines for medicinal purposes.
The treasury department has issued
/ certain regulations permitting phv
( sicians to prescribe beer or wine
/ for the sick. Congress has under
| consideration a bill which wouid
wipe out those regulations the in
( stant the measure is passed, which
probably will be within few
/ weeks.
/ Then the controversy will go to
| the courts to determine whether
/ the prohibition amendment to the
I federal constitution intended to pro
! hibit the manufacture of intoxicat-
ing 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.
Beer Bill Flayed and FIayed.
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 Delaware.
/ himself physician, has fought We
! hemently against the measure de-
claring that in his experience the
/ use OF liquors had been of consid-
cradle benefit to patients.
The 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 will surely be brought the
moment the measure has gone
through congress.
Meanwhile, the issuance by the
treasury department of the new
regulations Interpreting the original
/ Volstead act as permitting physic-
ians to prescribe beer or wines is
varlously regarded. Some of the
drys thing it is intended to preju-
dice their case by crystalizing pub
lie opinion on the subject of the use
of liquors for medicinal purposes.
Some of the liberals insist that the
regulations were issued so as to
stimulate the dry forces into getting
the anti-beer bill through congress.
Mellon Between Fires.
The truth is the treasury depart
ment has for more than a year
been between two fires-the Anti
Saloon League on the one hand, in
sisting that the regulations be held
up so congress 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 in the absence of a specific
law to the contrary.
Indeed, many breweries, espe-
ciaIly in the old wet states, have
been kept in commission for more
than a year because of an expecta-
ton that these regulations would
be issued any day. Attorney Gen
eraI Palmer was the first to render
the opinion that the Volstead act
couldn't present the making of
beer and light wines for physicians
prescription. Attorney General
Daugherty concurred in that view
but the treasury department has
been hesitant to do anything that
might involve it in the controversy
going on in congress.
Bill Unconstitutional
1t has begun TO look lately, how
ever, as if the anti-beer amendment
TO the Volstead act might be indei-
nitely held up. There's a 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 a violation
of article five of the federal consti-
tuition guaranteeing citizens against
unlawful search of their dwellings.
1t would not be surprising if the
prohibition forces had to yield
their point about search and seiz-
ure in order to get the anti-beer
bill through. Even then, the con-
test will be carried to the courts
on other grounds of unconstitution-
ality
AS a matter of fact, the new treas