The New York herald., 1921-03-10
Manufacture of Beer for
Medicinal Purposes Is
Proper, He Says.
FUTURE ACTION VAGUE
Officials Are Leaving Late
Ruling for Successors to En-
force or Abolish.
Special Despatch TO THE New YORK HExAro.
New York Herald Bureau.
Washington, u. c., March 3.

Washington, u. c., March 8.
Construction of the Volstead law in
It's relation to the amount and kind
of liquors which may be prescribed by
liberalized in an opinion signed by
liberalized in any opinion signed by
former Attorney General Palmer, but
just received and made public by the
Treasury Department.
The opinion holds that the Commits
sioner of Internal Revenue may not
limit the manufacture or sale of any
liquor in any locality when 1t is in
good faith for medicinal use. 1t like
wise holds that the prohibition office
cannot regulate the amount or kind
of spirits prescribed except in SO far as
1t is necessary to regulate the giving
of large supply over a long period
OF time.
The opinion was asked to determine
whether beer with more than one-half
Of l per cent. could be manufactured
and sold for medicinal use and pre-
scrbed by physicians. The Attorney
General held that 1t or any other malt
or vinous liquor could be so made and
prescribed.
1t is expressly stated in the opinion
that the Commissioner of Internal Rev
enue cannot deny manufacture or sale
for medicinal use In any locality because
such locality has large quantities Of
Illicit liquor.
The Treasury asked whether the Pro-
hibition Commissioner was authorized
to issue permits for manufacture of
whiskey, beer and malt liquors and wine
and other vinous liquors for medicinal
use.
Question asked whether the guam
tity prescribed by physician may be
limited or controlled. The answer was
no. with the exception OF the specific
limitation by Congress OF one pint of
spirituous liquor In any ten day period.
The Attorney General held that ply
sician was to prescribe in good faith
and that n penalty In revocation Of
license and possible prosecution would
lodge against the physician who had
acted In bad faith.
it will be recalled In this connection
that the prohibition Office has for months
regulated the number of prescriptions In
many localities by limiting the number
OF prescription blanks issued. The Alto
ney-General held that such limitation
was amending and not constituting the
Nolstead act. He held that "a regulation
therefor which would substitute the judg
inent of the Commissioner and the Secrc-
tary OF the Treasury for the good faith
Of the physician by fixing limit upon
the amount that could be prescribed in a
given emergency or during a given
period of time would, In my opinion, be
without authority and void"
Mr.. Palmer held that authority TO gov
crn the making and disposal of liquor
and the manner in which II may be pre-
scribed was clear and ample. though
adding that long period prescriptions
would probably lead to abuse.
The opinion, II carried out will amend
the practices Of the prohibition bureau
in several important particulars. For
months the prohibition office has limited
the distribution of liquor for medicinal
purposes. has restricted Withdrawals
from warehouses in all OF the States
east Of the Mississippi River, and has re-
stricted the number of prescription
blanks issued to physicians. Treasury
officials are not yet prepared to inter-
pret or enforce the decision. Commits
sioner OF Internal Revenue Williams ex-
poets to leave II to his successor.