New-York tribune., 1921-07-13
Beer Bill Ties
Doctors Hands.
Senators Sav
a.
Wadsworth Declares Physi-
clans Would Have to
Put Aside Discretion and
Bow to CDR. Congress-
Peril Is Seen for Drys
Lodge Asserts 18th Amend
ment Does Net Deal
With Medicinal Liquors

WASHINGTON, July 12.-The Camp
bell Willis "beer emergency" bill was
subjected to "a severe mbardment in
the Senate to-day. 1t was assailed on
the ground of unconstitutionality.
Senators Wadsworth, Lodge, Knox and
John Sharp Williams attacked it on
this score and maintained with vigor
the contention that in seeking to regu-
late the use of liquors for medicinal
purposes Congress was going beyond
the Eighteenth Amedment to the Con-
stitution, which prohibits manufacture,
sale, importation ana expectation "for
beverage purposes"
While this assault on the bill is not
expected to defeat it, there is no doubt
entertained in either Senate or House
chat it will mean prompt test in the
courts once it goes on the statute
books.
Senator Wadsworth led in criticizing
the bill.
when Congress" said Senator
Wadsworth, "sets up its judgment on
medical matters against that of the
medical profession it seems to me that
Congress is going too far.
1Iio law lliHltS W Ollc-NdlI pl!t III
ten days the amount of liquor a ply
sician may prescribe per patient. This
means that Congress steps in and
denies to reputable physician the
right to prescribe for patient what
that physician thinks is necessary for
the health of his patient.
Speaks Of "Dr. Congress"
"Every Senator here with an ounce
a case of pneumonia more than one
days. This bill makes it almost impos-
sible for a physician to obey the law
or to use any discretion except that
fixed by Or Congress-
"By this legislation you are adding
to the number of those who are already
engaging in, a perfect debauchery of
law violation. / think it is a fanati-
cism, and you cannot go on this way
and expect to arouse in the minds of
the people q genuine respect for law"
Senator Wadsworth contended the
beer bill violates the Eighteenth
Amendment.
Senator Lodge followed Senator
Wadsworth. He voted for the Volstead
it was intended to enforce the Eigh-
teenth Amendment.
"But l think" he continued, chat
the bill now before us carries prohibi-
tion far beyond any point that even
the proponents of prohibition ever
dreamed Of. 1t is not only bad in it.
self, but, in my opinion, will defeat the
very purposes it is intended to accom-
plish. Furthermore, l think there is
grave doubt ii this proposal is con-
stitutional. The amendment very clear
ly states for beverage purposes and it
seems to me to include something
purely medicinal is going beyond the
limits Of the amendment.
Attacks Profession
"I oppose this measure also because
it assumes that doctors will abuse
their privileges and violate the law.
If they do there is abundant law now
to take care of that situation. To as
sumo such a thing seems to me un-
thinkable. To me it is an unjust at
tack upon great profession. Further
more, it is my view that such drastic
legislation as is proposed will not en-
courage law obedience, but will operate
the other way.
you are doing no good to the cause
of temperance by this thing. You are
hindering the power of enforcing the
desires to see enforced. Legislation
like this tends to destroy the very pub
lie opinion that We must have to make
the law secure and effective, and that
is the reason l find it impossible for
me to vote for this bill"
Senator Knox said:
when the Eighteenth Amendment
was before this body l found that it
contained limitations with respect only
to one thing, and those limitation
were the right to manufacture, sell
or transport intoxicating liquors fo1
beverage purposes. was willing that
that question should Le subr.itted to
the American people. Had the Eight
eeenth Amendment read that these
limitations were placed on the use Of
intoxicating liquors for beverage and
medicinal purposes l would not have
voted for it, and I do not propose bv
my vote to import into this amendme ut
mat winch never was dreamed of by
lts proponents, and is not even claimed
ny the language of this bill, because
iIhey recognize the therapeutic value of
liquors of different character, and onlv
seek to put their hands upon the dis.
cret!on OF the medical profession in it's
prescriptions" ''t iva
Senator John Sharp Williams said
ne was personally opposed to the Eigh-
1teenth Amendment, but voted for il
because the people of Mississippi ia.
vored it. pp' 90
Il oppose this proposition, the OBJ
J,ect of which is to interfere with
the use of spurious liquors for medic
lnal purposes" he said.
Senator Walsh Of Montana followed
with defense of the constitutionalitv
of the proposed law He held that if
to prevent the sale of Intoxicating
iiquor for beverage purposes, it be-
came needful to regulate it's sale and
use for medicinal purposes, it was
clearly within the power of Congress
to pass such measure.
Wood Mission Is Told