The American issue. [volume] (Westerville, Ohio) 1912-19??, 1925-11-01
PROHIBITION CASES PENDING IN
THE UNITED STATES SUPREME
COURT
The Validity of the Anti-Smuggling
Treaty

The Supreme Court of Tie United
States will reconvene on October 5.
There arc a number of cases pending on
the docket involving questions relating
to enforcement of the Eighteenth Amend
ment. Among them are the United States
V. The Francis Louise and the United
States Y. "The Majorie +. Bachman" on
direct appeal from the United States Dis
trict Court of Massachusetts. These cases
involve the validity of the treaty recent
~ consummated between the United
States and Great Britain for the suppress
sion of rum smuggling. Several interest
ing questions concerning the construction
of the language of the treaty will also
have to be considered. Such, for example
as the meaning of the phrase zone hours
sailing distance from the coast" within
which the treaty provides that enforce
ment officials of the United States may
board and search British vessels sus-
pected of smuggling liquors.
Validity of the Limitations Upon the Pre-
scribing of Liquor
The case of Lambert V. Yellowley also,
from New York, raises the question of
the constitutonality of the provisions of
the Volstead act which limit the quantity
of spirituous or vnous liquors which a
physician may prescribe for use by the
same individual within a period of ten
days. Anticipating ruling upon this
question the vets made a strenuous and
successful effort 10 secure the passage of
a resolution by the House of Delegates of
the American Medical Association favor
ing the lessening Of the restrictions upon
the amount of alcohol which a physician
may prescribe for patient within a speci-
fled time. In this resolution it is alleged
that a physician should be able to pre-
scribe all of the whisky he desires. There
is absolutely no limit now, nor has there
ever been, under the National Prohibition
Act, of the amount of medicated alcohol
which physician might prescribe so long
as he did not flavor the alcohol with whis-
ky. Twenty-Five states prohibit by state
law the prescribing of whisky or brandy
as a medicine. These statutes have been
uniformly sustained by the courts. The
United States Supreme Court has already
upheld the limitations of the Volstead Act
against the prescribing of malt liquor and
has sustained the validity of an ordinance
enacted by the city of Los Angeles, Cali
fornia. which in effect provided more re-
strictiye limitations than the Volstead Act.
Scope of the Authority of the Commits
sioner in Granting and Revolving Permits
The case of the Making Products
Company V. Blair, Commissioner, from
the state of Pennsylvania, involved the
scope of the authority of the Commits
sioner of Internal Revenue under the Ma
tional Prohibition Act to grant and revoke
permits for the use of alcohol and liquor
for non-beverage purposes. The question
of the extent of the discretion placed in
the commissioner is one which has fire.
quently arisen since the National Prohi-
bition Act went into effect. A final de-
cision by the Supreme Court will doubt
less settle many disputed points in the
administration of the law.
Other Questions in filtration