Lambert v. Yellowley - 272 U.S. 581 (1926)


U.S. Supreme Court

Lambert v. Yellowley, 272 U.S. 581 (1926)

Lambert v. Yellowley

No. 47

Argued April 30, 1926

Decided November 29, 1926

272 U.S. 581

Syllabus

1. The provision of the National Prohibition Act that

"Not more than a pint of spirituous liquor to he taken internally shall be

Page 272 U. S. 582

prescribed for use by the same person within any period of ten days, and no prescription shall be filled more than once"

is "appropriate legislation," within the meaning of the Eighteenth Amendment for enforcing its prohibition of the manufacture, sale, and transportation of intoxicating liquor for beverage purposes. P. 272 U. S. 589.

2. Whatever the belief of a physician in the medicinal value of alcoholic liquor, his right to administer it to patients is subordinate to the powers granted to Congress by the Eighteenth Amendment. P. 272 U. S. 596.

4 F.2d 915 affirmed.

Appeal from a decree of the Circuit Court of Appeals which reversed a decree of the District Court (291 F. 640) enjoining Yellowley, a prohibition director, and other officials, from interfering with the plaintiff, Dr. Lambert, in his acts as a physician in prescribing vinous or spirituous liquors to his patients for medicinal purposes in quantities exceeding the limits fixed by the National Prohibition Act.

Page 272 U. S. 587



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