Evening journal., 1921-10-25
No REAL BEER
FOR THIRSTY
DELAWARE
continued from FIrst Page

huIt bttT u nOft lndn One-ndlI OF
one per cent alcohol.
Furthermore, while many other
States will be permitted to manu-
facture beer and wine for medicinal
purposes, to be sold only on pre-
scription of a physician, Delaware
will not share in such prescription
beer or wine, as they cannot be pre-
scribed for medicinal purposes in
this State. The possession Of more
than one quart OF intoxicating
! liquors or more than eight pints
Of beer by a person in DelaYare
also is prohibited by the Loose law,
which dovetails with the Klair law.
"I have not read the rulings is
sued at Washington. and for that
reason am not prepared to make any
statement as to their effect on Will
mington" said Attorney General
Townsend today when asked wheth-
er in his opinion the manufacture
Of beer could be resumed in Will
mington. which district has twice
voted wet but has never voted
dry" at a local option election.
The Klair State Prohibition Law.
which prohibits the manufacture
and sale of beers and wines contain
ing more than one half OF one per
cent of alcohol in this State, in part
reads:
THE word liquor or the phrase
Intoxicating liquor wherever used
in this act, shall be construed to in
clude any distilled, malt, spirituous.
vinous, fermented or alcoholic liquor
and all alcoholic liquids containing
so much as one-half OF 1 per centum
OF alcohol by volume. and COM
pounds, whether proprietary, pat
ented or not, which are portable or
capable Of being used as a beverage.
1T shall be unlawful for any per-
son. directly or indirectly. himself
or by his clerk. agent or employe. to
manufacture, sell, barter or furnish
any intoxicating liquors within the
limits OF the State OF Delaware on
or after the time that the Eighteenth
Amendment to the Constitution OF
the United States of America shall
become valid and effective as a part
OF said Constitution, and shall con-
tinue in force and effect so long as
the said Eighteenth Amendment
shall be valid and effective as a part
of the Constitution OF the United
States Of America and no longer, ex-
cept as herein provided"
When local brewers were asked to-
day as to how the new regulations
permitting the manufacturing and
use of beer for medical purposes by
the Treasury Department would af-
feet the situation in Wilmington,
the unanimous opinion was voiced
by the brewers that there would be
no change so long as the Klair and
Loose State laws are in effect or un-
til the Eighteenth amendment is re.
pealed.
When asked as whether his plan
would be put into operation for tn,
manufacture OF beer, one ioca
brewer said: MY guess is that ther,
will be no beer in Delaware as Ions
as the Klair Law is in effect. L
will have to be changed first"
And then again" he continued
what would be the use Of manufac.
turing beer. 1t could not be distrib.
uted in this State. The doctors are
restricted in issuing prescription
for that purpose. and the druggist
wouldn't be allowed TO carry it il
stock. You can't get whisky on &
prescription in Delaware They evi
IDENTIFY don't trust the physicians ant
druggists in this State. All the drul
stores carry in stock is ethyl alcoho
(grain alcohoD."
Delaware will be a desert in tn,
midst Of an oasis, and it is expected
that many "siclx" Delawareans will
60 over into Pennsylvania or Mary
land or New Jersey to get some med
icine in the form OF wine or rea
beer. But they can't carry Hucl
medicine back legally with them
unless its inside Of them.
Delaware will be no wetter, bu
il will be much more difncult for u
to prevent an influx OF beer ant
wine. even though physicians of tn
State cannot prescribe it."
Such was the declaration toda.
OF Robert B. Elliott, Federal Direc
tor OF Prohibition for Delaware
when asked what effect he believes
the latest ruling by the Treasur.
, Department opening beer and win
! to physicians prescriptions wouli
have in Delaware.
my judgment is that the Treasur.
, ruling viii have no effect in thi
: State" continued Director Elliott
Certainly it does not change tn
State statutes forbidding doctor
prescriptions in Delaware. In 9th
er states physicians have been al
lowed to write prescriptions 10
spirituous liquors; but not in Della
ware.
1.-THE very fact that the pracuc
= has heretofore been prohibited Il
~ Delaware whereas it has been per
mitted elsewhere. to my mind, dem
onstrates that Delaware's own dr.
laws have been regarded by tn
: Federal enforcement authorities an
the Federal courts as not in confic
with the Volstead, or Federal en-
-. forcement act, itself.
"Under the Klair Statewide prc
- hibition law not only is a physical
debarred from prescribing liquor 70
patients, but druggists are forbidde
= to use liquor in prescriptions is is
= sued"
Here Director Elliott frankly ad
= mitted that under the Treasury ru
a ing the effect OF the Loose Ant
J. shipping Law, also a State enact
j. ment, might be impaired.
Il "The Treasury ruling max max
It easier to ship beer and wine int
! Delaware from the surroundin
States where prescriptions are pei