Evening star., 1923-05-09
UNLIMITED LIQUOR
GRANTED DOCTORS
BY COURTS DECREE
New York Decision Upsetting
Federal Act May Affect
Narcotics.
PATIENTS NEEDS COME
FIRST, JUDGE DECLARES
Congress Sought to Outlaw Use as
Beverage, Not Medicine,
Is Ruling.
By the Associated Press.

By the Associated Press.
NEW YORK; May s.-Federal Judge
Knox today declared void that por
ton of the federal act which limits
tho amount OF liquor which a physi-
clan may prescribe and granted an
injunction restraining prohibition en-
forcement authorities from interfer-
ing with the practice Of DR.. Samuel
W. Lambert.
Attaches of the court raised the
question whether Judge IInox's de-
cision. II sustained in the higher
courts. would not also deal a blow
This act. it was said. prohibits physi.,
clans from prescribing increased
doses OF narcotics to drug patients.
thus. in effect. limiting the physicians'
judgement as to what treatment shall
be used.
1t was indicated that IL the decision
is upheld United States Attorney
Hayward might find himself com m
Ernest s. Bishop. recently indicted
under the Harrison act for prescrib-
ing increased doses OF a narcotic to
| q patient.
Other Doctors Interested.
DR.. Lanbert's suit. which he said
was brought on behalf Of other physi-
clans who held similar views concern
ing the prescribing of liquor, was di-
rected against E. c. Yellowley. then
acting state prohibition director; David
H. Blair. collector of internal revenue.
all of whom. he said. had publicly
threatened to act against him IL he
prescribed more than the allotted pint
Of liquor every ten days to a patient.
DR.. Lambert set forth in his petit
tion that he had number Of patients
whose treatment required administra-
tion Of more than a pint of whisky
every ten days, and declared that he
intended to continue treating them as
he felt he should. His counsel de-
clared at the hearing of his application
for an injunction that the Limitation
of amounts of liquor a physician may
prescribe. took cases out OF the physi-
clans hands and made practitioners
of medicine out of the congressman
who voted to include it in the pro-
htbition enforcement act.
Holds Limitation Void.
Il have reached the conclusion"
Judge Knox said in his decision, that
the limitations of the Tolstead act
and it's amendments which make it
unlawful to prescribe but one pint
Of Intoxicating liquor for internal and
medicinal use of person whose
/ known aliment, If it is to be properly
treated, requires the administration
OF greater quantity. are void.
in certain known ailments is VAL
liable therapeutic agent is a contro-
rersial subject. with which the court
is not. at present, concerned. For the
purposes Of this motion, it is suffi-
cient to accept the allegations Of the
complaint and then consider that
Congress itself in the very legis-
lation under attack, has recognized
that In certain cases liquor has a leEi-
innate medicinal use and has speci-
f1ed circumstances under which II
may be prescribed in given instances.
Appeal II Planned.
Having done so, Congress, without
reference to the quantity Of liquor
actually required for the proper
treatment Of particular ailment
from which a patient may be suffer-
ing. and irrespective Of the good
faith. judgment and skill of a ply
sician in attendance, proceeds to limit
the amount which may be used.
"The eighteenth amendment to the
Constitution was designed to bring
about the prohibition OF intoxicating
liquor for beverage purposes and
was not, think, intended to put an
end to the use of liquor"
Assistant United States Attorney
John Holley Clarke. jr., announced
that the government would seek q
stay Of the injunction pending an ap-
peal to the Supreme Court.