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EVERARD'S BREWERIES v. DAY

Nos. 200 and 245.

265 U.S. 545 (1924)

44 S.Ct. 628

68 L.Ed. 1174

JAMES EVERARD'S BREWERIES v. DAY, PROHIBITION DIRECTOR OF THE STATE OF NEW YORK, ET AL. EDWARD AND JOHN BURKE, LIMITED, v. BLAIR, COMMISSIONER OF INTERNAL REVENUE, ET AL.

Supreme Court of United States.

Decided June 9, 1924.

Attorney(s) appearing for the Case

Mr. Samuel W. Moore, with whom Mr. Marcus L. Bell was on the briefs, for appellant in No. 245.

Mr. Nathan Ballin, with whom Mr. William M.K. Olcott and Mr. Walter E. Ernst were on the brief, for appellant in No. 200.

Mr. Joseph S. Auerbach, with whom Mr. Martin A. Schenck was on the brief, on behalf of Samuel W. Lambert, by special leave of Court, as amicus curiae.

Mr. Solicitor General Beck, with whom Mrs. Mabel Walker Willebrandt and Mr. Mahlon D. Kiefer were on the brief, for appellees.

Mr. H.H. Griswold, on behalf of the Attorneys General of the States of Alabama, Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, West Virginia and Wyoming, by special leave of Court, as amicus curiae.

MR. JUSTICE SANFORD delivered the opinion of the Court.

These two cases were heard together. They involve the single question whether § 2 of the Supplemental Prohibition Act of November 23, 1921, c. 134, 42 Stat. 222, is constitutional, in so far as it prevents physicians from prescribing intoxicating malt liquors for medicinal purposes. This section of the act provides: "That only spirituous and vinous liquor may be...

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