New York llernld Burntu, 1
Wushlnirlon, U. t'., Marrh 8. J
Construction of the Volstead law in
its relation to the amount and kind
of liquors which may be prescribed by
liberalized in an opinion signed by
liberalized in any opinion signed by
former Attorney-General Palmer, but
Just received and made public by the
Treasury Department.
The opinion holds that the Commis
sioner of Internal Revenue may not
limit tho manufacture or sale of an>
liquor in any locality when it is in
good faith for medicinal use. It like
wise holds that the prohibition office
cannot regulate the iimount or kind
of spirits prescribed except in so far as
it is necessary to regulate the giving
of a large supply over a long period
of time.
The opinion was asked to determine
whether beer with more ? than one-half
of 1 per cent, could be manufactured
and sold for medicinal use and pre
scribed by physicians. The Attorney
General held that it or any other malt
or vinous liquor could be so made and
prescribed.
It is expressly stated in the opinion
that the Commissioner of Internal Rev
enue cannot deny manufacture or sale
for medicinal use in any locality because
such locality has largo quantities of
illicit liquor.
The Treasury asked whether the Pro
hibition Commissioner was authorized
to Issue permits for manufacture of
whiskey, beer and malt liquors and wine
and other vinous liquors for medicinal
use.
Question 4 asked whether the quan
tity prescribed by a physician may be
limited or controlled. The answer was
no. with the exception of the specific
limitation by Congress of one pint of
spirituous liquor in any ton day period.
