The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-11-19
DOCTORS SUE TO END
Limits OF DRY LAW
Well Known Men Charge They
Are Debarred From Prac-
ticing Profession.
SOME PROHIBITIONIsTS
Bill in Equity Asserts a Pint
Of Liquor in 10 Days Isn't
Enough in Some Cases.

Enough IN some CdSes.
Charging that under provisions OF
the Volstead law physicians are de-
barred from the practice OF their pro-
fession with respect to patients who
require more than one pint Of whisky
within ten days." DR.. Samuel w. Lam
bert 100 East Thirty fifth street, presi-
dent of the Association for the Pro-
lection OF Constitutional Rights, an
organization OF practicing physicians,
filed yesterday in the United States
District Court a bill in equity seeking
to restrain Federal officers from en-
forcing the medical provisions Of the
national prohibition act.
Z. c. Yellowley. Federal prohibition
New Jersey; David II. Blair. Commits
sioner of Internal Revenue, and William
Hayward. United States Attorney for the
Southern District OF New York, are
named as defendants In the petition.
spcctfully represents TO the court as a
matter of law" recites the petition.
that so much of the National Prohibi-
ton act as purports to prohibit physi-
clans from advising or prescribing the
use, internally. for medicinal purposes
by any persons of more than one pint
of spirituous liquor within any period
OF ten days, ard so much of the said
act entitled An Act Supplemental TO the
National Prohibition Act as purports "a
limit the quantity OF vinous or spirit.
uous ll1uor that may bo advised or pro-
scribed by q physician for use for medic
inal purposes by any person within the
same period, are and each OF them Is
beyond the authority conferred upon
Congress by the Eighteenth Amendment
to the Constitution, or otherwise, and
arc void and Of no effect"
Damages Are Alleged.
Asserting that the medical provisions
OF the Volstead law Seriously interfere
with conplainant's ability to practice his
profession and subject him to irrepar-
able damage" the petition "prays that
the court by its decree declare uncon-
stitutional so much OF the National Pro
hibition act and so much OF the Act
Supplemental TO the National Prohibl-
tion act as are complained Of"
The officers OF the Association for the
Protection OF Constitutional Rights are
Dr. Lambert. president Dr. J. r. Nc.
hernon, vice-president; Or. u. II. Son
dern, treasurer; DR.. Warren Coleman.
secretary, and DIR. ~. r. Brill, Or. W.
X. Draper. DR.. c. L. Dana and Dr. J. T..
Gorton members of the executive COM
mittee.
1.-The organization Is not fighting pro-
hibition," declared DR.. Coleman. the sec
retary, last night. MANY of our mem
bers favor prohibition. The medical re-
strictions OF the volstead act. however,
constitute an indictment against The in
to. .-rity OF the entire medical profession
in that II is assumed that many OF it's
members. unless restrained by law. will
pander for gain to the peoples desire for
drink.
Under the provisions OF the Vol
stead law physicians who believe I'm
the therapeutic use OF alcohol are do
barred from the practice of their pro-
fession and may not prescribe liquor
for their personal use regardless OF
how III they may become. A physician
becomes a criminal by the mere act
OF writing a prescription for more than
a pint OF whisky for one patient within
ten days and so far as tho revocation
OF his permit Is concerned is denied his
constitutional right OF trial by jury"
Physicians Lined Up to Fight.
Physicians who have enrolled "a fneni-
bers of the Association for the Pro-
lection Of Constitutional Rights are:
G.. E. Brower. Harlow Brooks. II. NJ.
Bggs. s. A. Brown. n. r.. Brill. W. A..
Bastedo, Gorham Bacon. Edward Cuss-
Ter, w. r. Caldwell w. l.. Carr. H. s.
Carter. G. q. Coalsley. r. J. Carlisle.
Warren Coleman. A. r. Chace. George
r. Cahill. George NJ. Creevey j. r.
Clemens. William Darrach. W. A..
Downes, w. X. Draper, A. n. Duel.
G. L. Dana. Asa y. Davis. b. ]. Della
tour. Henry 2. Dunning. George Draper,
u. X. Dunham.
Others in the list are Max Einhorn.
J. Clifton Edgar J. r. Erdmann. James
Ewing, r. r. Farrell. p. u. Fisher.
Austin Flint. John a. Fordyce, A. q,
Foord. G. L. Gibson. Menas Gregory.
J. T. Gorton, NJ. Goodridee. Lee NJ.
Hurd, r. VI. Halsey. j. A. Hartwell.
A. r. Hess. r. g. Holden. Roval s.
Haynes. A. L. Holland. J. NJ. fii'xtrot,
J. Ramsey Hunt. q. NJ. Hammond.
Ransom q. Hookor. A. r. Hoag, Henry
James. Ludwig Knst. r. l.. Keyes. Jr.,
William q. Lusk, William q. Lyle, Alex
ander Lambert. s.. W. Lambert. w T.
Eongconc. Emanuel Libman. A. s.
Lambert. ]. r. McKernon. r.. S.
Mcsweeny Morris Manages.
1niuded in the list also arc r.. r. Hor-
ton, w. p. Northrup. Van Horne Nor
rie, c. r, Nanmack. w. l.. Niles. u. 8.
Oppenheimer Frank r. CASTER. James
Peterson. II. Neil. Painter. IT, s. Pat
terson. w. J. Pulley r. q. Reese. James
I. Russell Dudley Roberts. E. +. Shell
by. r. ". Sondern. Harmon Smith. j.
Bentley Squier. W. r.. Studdiford,
George u. Stewart. r. A. Smith. r. IT..
Sayre, r. L. Saunders. Bernard Sachs
Howard c. Taylor, =. S. Thacher. Fred
erlck Tilney, II. RI. Tyson. F. l.. Tay-
lor, Harold s. Vaughn. o. s. wlghtman
George y. Wallace, 8. NJ. Wadhams. II.
u. wilcox. :. s. wheeivright Allen o.
whiprle, IT, T.. Winter. Hans Iinseer