Louis Brandeis

“ Lambert seeks to escape by pointing out that he is a physician and believes that the use of spirituous liquor as a medicinal agent is at times both advisable and necessary. He asserts that to control the medical practice in the states is beyond the power of the federal government. Of course his belief in the medicinal value of such liquor is not of controlling significance; it merely places him in what was shown to Congress to be the minor fraction of his profession. ”

“ Under ordinary circumstances reputable physicians only write a small fraction of this number, and only about 22 per cent. of the doctors hold permits to prescribe liquor of any kind, although they can be obtained without any fee, simply for the asking. There are a number of states in which the state laws prohibit physicians from prescribing liquor of any kind.'
'While the majority of the states prohibit wine for medicinal purposes it was not deemed best by the committee that such provision should be inserted in the prohibition act at this time. ”

“ If the power exists to limit the quantity to a pint in 10 days, it exists to limit the quantity to a tablespoonful or a teaspoonful or a few drops during the same or any other arbitrary period of time, with the result in substance and effect that the definite limitation of the prohibitory power by the words 'for beverage purposes' vanishes altogether. ”

“ That evidence disclosed that practicing physicians differ about the value of malt, vinous, and spirituous liquors for medicinal purposes, but that the preponderating opinion is against their use for such purposes, and that among those who prescribe them there are some who are disposed to give prescriptions where the real purpose is to divert the liquor to beverage uses. ”

“ The ignorance of some, the craving and the hardihood of others, and the fraud and cupidity of still others, often tend to defeat its object. It helps the main purpose of the amendment, therefore, to hedge about the making and disposition of the denatured article every reasonable precaution and penalty to prevent the proper industrial use of it from being perverted to drinking it.'
From the authority of these cases Dr. ”

“ The suit was brought by a physician of distinction and, as the court below said, 'of wide and unusual experience in the practice of medicine.' He alleges that it is his opinion, based on experience, observation and medical study, that the use of spirituous liquors as medicine is, in certain case, necessary in order to afford relief from known ailments ”

“ And so here, the legislative finding, implicit in the statute now under review, to the contrary effect, in respect of spirituous and vinous liquors, likewise should be accepted as controlling, and the Everard's Breweries Case rejected as inapplicable. ”