Evening star., 1923-05-10
EXPECT US. T0SEEK
STAY ON DRY RULE
Enforcement in New York
Hangs in Balance Pending
Final Action.

The second attack on prohibition
enforcement in New York state with
in ten days left the knotty problem
OF physicians liquor prescriptions
trembling in the balance today be-
tween Federal Judge Knox's decision.
declaring void Volstead act restric-
tions, and the expected ATTEMPTS of
the government to get a temporary
stay of execution on the courts de-
cisfon, pending appeal to the Supreme
Court of the United States
Unless the stay of execution is
granted, it was said by prohibition
officials here today. physicians resid-
ing in the district under the jurisdic-
ton of the New York court Will be
free to issue prescriptions without
the restraining hand Of the law. I'm
der no Interpretation, however, 1t was
said, could the effect of Judge Knox's
decision be extended beyond the lin
its of the courts Jurisdiction, so as to
free physicians in other states from
the restrictions of the act,
Stay Is Expected.
If the stay of execution is granted
as expected. 1t was said, the present
regulations Of 100 prescriptions per
physician every ninety days, and one
pint per patient every ten days, will
remain in force.
This was the actual situation as to
bare facts. But the future holds pos
sibilities of developments, it was ad-
mitted. which may leap the confines
of New York state. where reputable
physicians this week in court added
their victory to that of the vets in
New York's legislature last week,
which voted to repeal the state en-
forcement code.
Although Gov. Smith has not vet
signed the state code repeal bill. and
the physicians court victory already
is under fire Of the government and
the drys, who will fight for stay of
execution, and appeal to higher tri-
bunals, the two blows in New York
at prohibition enforcement are ad-
mitted by both vets and drys to have
Widespread and national significance.
Government officials were far from
being agreed as to the effect of Judge
hnoxS decision or as to the course
OF procedure to be adopted by the
government concerning regulations
enforcing the Volstead act.
Officials Have Doubts.
Higher officials, however, admitted
that there had been frank discussion
of the physicians prescription situa-
ton, and that in some government cir
cles very grave doubt" had been
raised as to the right Of the federal
government to so limit the activity Of
PHYSICIANS in prescribing liquor
There was no doubt, it was said in
these circles, that the government had
perfect right to place sharp restric-
tions around the abuse Of prescriptions,
the government to set up an arbitrary
limit. beyond which it decreed the ply
sician could not go. In this point of the
arbitrary limit, certain government off,
cIals were in agreement with Judge
knoxs decision.
Mellon Plans Conference.
shortly will confer with Assistant Sec
retary Moss, Internal Revenue Commits
sioner Blair, Prohibition Commissioner
Haynes and other assistants over the
problem presented by Judge Knox's de-
cision. The matter will be gone over.
not only as to the present status, but
as TO what attitude the government
should take toward the matter as a
whole in the future.
At the Department Of Justice also it
1T was learned that an appeal from
Judge Knox's decision would be
taken. and indications today were
that the matter was considered Of
such far-reaching import that It
would be rushed as rapidly as pos
sible, consistent with judicious ac-
tion.
Question II Raised.
The question has been raised, it was
said, whether the government could
change the regulations affecting physi-
clans prescriptions pending appeal
from Judge Knox's decision. In view
of the wide difference of opinion among
officials charged with the enforcement
of prohibition this problem stuck out
today as highly controversial for the
time being.
Authorities, however, who pointed
to the fact that the limitations were
written into. the law, and not into
the enforcing regulations seemed to
feel sure that the executive branch
Of the government had no authority
to liberalize the amount of physicians
prescriptions for New York state, or
the country as q whole, for that mat
ter. under The law and the Constitu-