Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-12-04
Washington, D. c., Dec. 1.--Do

tors are after the Volstead aw IN so
far as tho prohibition enforcement
act interferes with or regulates the
! practice Of medicine. Suit has been
brought. in the United States district
court in New York to Annul the pro-
visions of the law that restrict physi-
cians to q limited amount of whiskey
or other alcoholic b~everages> In the
treatment Of sick persons, and it is
announced that the case will be- car
ried to the supreme court of the
United States for a final decision.
t. Preliminary to this action the New
York physicians organized the Assoc
citation for the Protection Of Consti-
itutional Rights, and it is stated that
fsimilar bodies will be formed in 9TH
Ter cities and stntes to cooperate In
1.-THE fight. The gentlemen of the med
lican profession say they have been
silent too long under the injustices of
the Volstead law and that. they pur-
pose q campaign that will at least be
Instructive to the general public even
II. it does not result in a modification
of the statute which they find OBJ
noxious.
There is no connection between this
new association and any lay organi-
VI "A$ AAAOv0AAASAI IAAa II ~
posed to prohibition. In fact, 1t is
said that some OF the doctors are
themselves ardent prohibitionists. It
happens. however, that they are
equally ardent in opposition, to any
governmental interference with their
That is something that congress is not
supposed to know anything about.
In commenting upon tho resort to
the courts one Of tho officers OF the
association said hat there was moth
ing hasty or in~-cons;dered about 1t.
They had pondered over the problem
for months with growing irritation.
for they had witnessed needless suf-
had deliberately violated q law which
they look upon as stupid and unjust.
The law says that a physician may
not prescribe more than a pint OF
whiskey or brandy for a patient with
in a ten-day period. The doctors
+claim the right to prescribe, as much
Imore In that period as their judgment
land knowledge of medicine tells them
1.-THE patient requires, and they contend
THAT no one but a physician Is a COM
petent Judge OF what that require
ment may be. @
Lawmakers Practiced Medicine.
When congress passed the Volstead
act the lawmakers were undertaking
to practice medicine. according to the
doctors, and. were assuming to know
more about what a patient Ieeus mil
his physician. This is regarded by
them as the vulnerable feature of the
Ilaw and the one which the courts will
not uphold.
The. method OF presenting the case
80 a to insure a reasonably speedy
jl1iclai determination was sinaple.
Upon petition OF attorneys represent
ing Dr.. Samuel w. Lambert, dean
emeritus of the College Of Physicians
and Surgeons OF Columbia university,
subpoenas were. issued, by the clerk
of the United States district court re-
quiring Edward G.. Yellowley, acting
prohibition director Tor. New York:
David H. Blair. commissioner Of in
~ternal revenue. and William Hayward,
United States attorney for that dis
show cause why the provisions 81; laws
ena cted underline eighteenth amend
ment inDso far as they relate to- physi-
lcinns In the practice OF medicine
SHOULD not be judiclally declared in
Operative.
DR.. Lambert Is the president Of the
fnew organisation formed blythe doc
toks, and hts associate Officials are DR..
james +. Mckernon, vice president;
DR.. Warren Coleman. secretary: DR.:
Frederic p. BonAern,y treasurer, ana
lDrE. Nathan =. Bril1, William K. Dra-
per, Charles u Dana,2F I. Gorton,
and ]. Bentley squier, executive con,-
lmittesnnan.
Dignity and simportance are claimed
FOR ths movement on the strength OF
{kAA 49, ANSn$ Anu ~ ~