Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1921-03-10
OPINION GIVES BEER
AND WINE THE SAME
STATUS AS WHISKY
Former Attorney-Gcnerars
Ruling Makes 1t Lawful
to Manufacture Both.
ALL ALCOHOLIC LIQUORS TO
BE MADE FOR MEDICAL USE
Decision Written by Palmer on
Day Before Retirement
From Office.
lEy Associated Tressi

WASHINGTON. March a.-I,enr ana
wines are given the sam. status as
whisi.cy under AN opinion bv ,n.
Attorncy- General made public today
by the bureau of internal revenue.
The ruling. one Of the mos. i'm.
portant since the advent OF national
prohibition, makes 1t possible .0r
all alcoholic liquors to be used for
medical and other nonbcvcraec nur
poses. and for all 10 be manufactured
and sold for these purposes subject
ch!y to IL" limitations @! the VOL
stead act on nonbevcrase intoxtcants.
The opinion was written by form
"r Attorney-General Palmer tie day
before hc retired from office and wa.
IN reply TO series Of questions from
internal revenue and prohibition OF
icials bearing on construction OF half
4 dozen moot points in the law.
Whether IL viii upset any rerul.
tons Of the revenue and enforce
ment bureaus had not heen deter
mined tonight. Commissioner VIII
isams Of the revenue bureau. sayin-
he had not had an opportunity 10
study the opinion. He mad. II public
without comment and said tha; Of.
Metals concerned with enforcement
would prepare at once to draft rcgu-
lations carrying out :he Attorney
Generals construction Of the dry law
Opinion May Jih- With State Layy,.
There were many rumors atioat
that the opinion had wrecked plans
OF dry advocates to obtain further
restriction of liquor sales Officials
refused TO comment on the reports,
however. but Wayne B. Wheeler, gem
eral counsel for the Anti-Saloon
League. Issued statement In -Whicl,
he said that thirty-nine states had
state Codes prohibiting the prescrIb-
ing Of beer for medical purposes. MIR.
wheeler declared The opinion was
10; Ia accord with the purpose of tho
Federal law
Congress clearly did not intend To
attempt 10 !esa!i2e what the stat
laws prohibit" Mr.. Wheeler said.
Unless the opinion is overruled. Com
eress should amend The Law. 1t is
dificu!;. o. course. to ovcr"ul. :, be-
cause :he government and III. brew
ers are on the same side Of the case
ana there is no one To contest il.
unless tn" new Attorney Genera,
overrules the opinion
The opinion appeared ambiguous
in some respects. officials said. and
as a result they were unable 10 de-
tcrminc whether the government had
power in the light Of the ruling To
limit the number of prescriptions
which physician may write except
h.. In, .,
pint per person in 4 ten-riay
period. Mr.. Palmer declared he be-
iieved It til" purpose Of Congress to
.caNc the physician 'unfettcrcd by
governmental CONTROL" yet he
thought that regulations nigh,
properly restrict the amount to bc
sold on any one prescription.
Physicians Use Own Judgment.
Mr.. Palmer called attention to
provisions TO law which apparently
nal left the physician to act on his
judgment. lie suggested then that
when Il physician abused the privi-
icSc he could bc dealt with Grimm
ally. bun added that in no case should
the judgment Of the physician be
supplanted by that of enforcement
officials. situation he believed
would result from regulations at
tempting to control the use Of pre-
scriptions.
Replying TO the question whether
the government could restrict the
number of permits TO manufactures
sell or prescribe in any State or com
munity. Mr. Palmer explained that
the Noistcad act had limited only
the classes To which permits could
he issued and had permitted no dis