The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-11-29
DRY Law LEAK
FOR MEDICINE
May Be FOUNV
Comma in Statute Posi-
Hidden Spigot, State !
Lawyers Think.
CITE EARLY DECISIONS
GiIIiom Indictment Would
Be First Chance for
Court Test.

Does the Wright Bone Dry Act
really prohibit the use Of liquor for
medicinal purposes in Indiana?
If the Adams County grand jury
indicts Attorney General Arthur L.
Gilliom for procuring whisky for
his sister when she was near death
in a Decatur hospital, this question.
never passed on by the Indiana SUI
preme Court, may be decided.
For although most of Indiana has
and still does believe that the States
statute provides jail for anyone
who uses whisky to save the life Of
wife, or son or sister, some Hoosier
lawyers have discovered a clause in
the statute and old Supreme Court
decisions which suggest to them the
possibility that everyone has been
wrong.
But the Anti-Saloon League attor-
neys disagree.
Cite Clause in Statute
The attorneys who believe use Of
whisky may not ce prohibited by
the statute cite Section of the act:
"The words liquor and intoxi-
eating liquor wherever used in this
act shall be construed to mean all
malt, vinous or spirituous liquors,
containing as much as one-haf Of
one per cent Of alcohol by volume,
and every other drink, mixture or
preparation of like alcoholic con-.
tent, whether patented or not, rea-
sonably likely or intended to be
used as a beverage; and all other
intoxicating beverages, drinks or
preparations whether alcoholic or
not, intended for beverage pur-
poses"
The words reasonably likely or
intended to be used as a beverage"
are the basis for their contention.
Claim Medicine Is Exempt
These words mean, they say, that
If it can be proved any liquor IN
question was for medicinal use its
possession, procurement or transport
tation Is not outlawed by the stat
ute.
When the act makes ITO purchase.
receive, manufacture, transport,
ship, possess, sell, barter, exchange,
give away, furnish or dispose of any
intoxicating liquor" a law violation,
the words reasonably likely or in
tended to be used as a beverage" ex-
empts medicinal liquor, they assert.
Whether or not they are right de-
ponds on comma and an "and."
For Anti-Saloon League attorneys
separate that part of the sentence
into two parts at the comma Just
preceding the phrase, "and every
other drink, mixture or preparation
of like alcoholic content"
The phrase which the medical
liquor attorneys point to hopefully
refers only to this latter section Of
the sentence, say the dry league
lawyers.
GAaAAApkC0 Al OAu LAWS
TheSupreme Court rulings to
which attorneys who see hopes for
legal use of whisky as medicine
point all hold that liquor for
medicinal purposes was exempt from
old statutes regulating liquor sales.
In one case decided in 1850 q
druggist who sold a pint of liquor
for use as medicine to minor for
10 cents was held not guilty
statutes prohibited sales
Of booze to minors.
In an 1875 case a person without
a permit to sell whisky, who sold
for medicinal purposes, was held
not q law violator.
League Not Certain
In, 1881 on q case where q half
pint of whisky was sold for Is cents
the court declared:
"It is true that the statute, under
which the appellant was indicted,
contains no exceptions authorizing
the sales of intoxicating liquors,
license for medicinal, chem-
ical or sacramental purposes. But
1t has always been held by this
court, in constituting similar statutes,
that the courts will except, from the
prohibitory or penal provisions of
the statute, all bona f1de sales Of
such liqoors for such purposes"
Anti-Saloon League attorneys ara
not definite in their answer to this
citation, but hold in general that the
specific provisions of the Wright Act
outlawing all Intoxicating liquor"
should not be interpreted as in the