a yours ecenertcecd ie : tye ae : : = r et et ae >. ee Sh AS rug - Eee Sheree reo . = eee Sh es te TS. ’ se eK Virrrer a ace a PSS ae SENS + een aes Sere ee SLT es Division HVSOSBW Section .Co 7 ua. it Ping er er re \ eu ikl War .' ia i PA wih ‘ 4 AW Ady “ i TA NI A Sa fe a) URL LORURA a a % AS ul Digitized by the Internet Archive in 2022 with funding from Princeton Theological Seminary Library https://archive.org/details/prohibitioninuni0Ocolv PROHIBITION IN THE UNITED STATES D. LEIGH COLVIN, pu.p. PROHIBITION IN THE UNITED STATES Aotis LOR MnO EM bp cul Bp La TON PARTY. AND SOF sTHE PROHIBITION MOVEMENT BY D. LEIGH COLVIN, PELD., GEORGE H. DORAN COMPANY COPYRIGHT, 1926, BY. GEORGE H. DORAN COMPANY PROHIBITION IN THE UNITED STATES Leu es PRINTED IN THE UNITED STATES OF AMERICA PREBACEH In 1919 after the great victory had been won in the ratification of the Eighteenth Amendment there was held in Chicago a cele- bration in honor of the fiftieth anniversary of the founding of the Prohibition party there in 1869 and of the victory which had crowned a half century of unselfish toil and sacrifice for the public good, a half century’s devotion to a great cause. At that celebration the sentiment was generally expressed that there should be prepared an official history which should preserve to posterity the record of the political party which for so long had furnished the leadership in the advocacy of a principle which had been established in the Constitution of the United States, a political party which is unparalleled in the history of political parties for long sustained fidelity to principle, for statesmanlike vision, for mastery of the principles of government, for moral power and for consecration to a great national ideal. A few months later at a meeting of the Prohibition National Committee, a Committee on History was appointed whose duty it was to make arrangements for the preparation of such a history. In January, 1920, the writer was chosen to write the history. He expected that it would require twelve or fifteen months. Actually over three and one-half years out of the last six have been devoted to its preparation, most of the remaining time hav- ing been spent in traveling, speaking and gathering information which has a direct application to this book. Begun primarily as a history of the Prohibition Party, this volume has grown to include the main points in the history of the whole prohibition movement from 1785 down to 1926, in- cluding a survey of national prohibition and its administration during the first six years of its operation. Furthermore, it is more than a history. It is a study of political science applied to prohibition. It aims to be an authoritative and comprehensive study of prohibition in the United States. The beginnings of the temperance movement and the evolu- tion of prohibition are sketched. The remarkable prohibition movements of the decades of the fifties and of the eighties of the last century are studied. Va vi PREFACE A number of chapters deal with the consecutive, historical events, but there are a number of special chapters. The de- cisions of the United States Supreme Court have so thoroughly upheld the principle of prohibition and have bulwarked the pro- hibition argument at so many points that a chapter is given to a summary of the leading decisions of that Court. At different periods the Prohibitionists had to contend with other and less advanced methods which were currently advo- cated. So there are chapters on “High License,” “The Dispensary System,” “Local Option,” and “The Partisan Versus the Omni- Partisan ‘Plan\y A special chapter is devoted to “The Voice of the Churches,” another to the Woman’s Christian Temperance Union with ex- tracts from some of the inspiring messages of Frances E. Willard, particularly her messages regarding politics. Chapter XXIII contains enlightening facts about the popular votes in favor of prohibition. Chapter XXV gives a compre- hensive summary of the early results of national prohibition and analyzes the deficiencies in its administration down to date. The chapter on “The Liquor Power’ analyzes the political power of the liquor traffic and its effects upon government. There are two extended chapters dealing with the deeper aspects of prohibition philosophy, one entitled “The Principle of Na- tional Prohibition,” and the other, “Prohibition and the Ameri- can Governmental System.”’ This book specializes on the political and governmental aspects of the liquor question. Perhaps the chapter last mentioned is the most important contribution made by the author. Select bibliographical references are given, most of them ar- ranged by decades at the close of the appropriate chapters, some at other places where relevant. In the method of historical treatment the aim has been to combine an intensive study by periods or subjects with occasional glimpses of historical perspective, to give the longer view, the vista of progress through the years as well as the events of interest at a particular time. In attempting to cover such a wide field, even with a large book, condensation has been necessary on nearly every point. The aim has been to represent the thought, the philosophy, the argument as well as to record the occurrences through the years. The preparation included an examination of all the material on the various aspects of the prohibition question in the New ed ‘'f PREFACE Vii York Public Library, which is by far the richest library in the country upon this question, it containing the collection of twelve hundred books and pamphlets assembled by James Black prior to 1893. On account of having more of the earlier material it is much better than the Congressional Library at Washington where also many hours were spent. Likewise examinations were made of the leading libraries in Chicago and of a number of others in different parts of the country, including the Yale University Library and the Kansas State Library. The Columbia Univer- sity Library, rich in political science, has been much utilized. Examination has also been made of the material at the national headquarters of the Woman’s Christian Temperance Union at Evanston, Illinois, of that of the Scientific Temperance Fed- eration at Boston and of the comprehensive collection of clippings made by the late Dr. Wilbur F. Crafts and Mrs. Crafts at the office of the International Reform Federation, Washington. Not only have many books and pamphlets on this question been consulted, to the number of approximately two thousand, but also many works in history and political science have been included. The preparation has involved going carefully through the files of the leading national prohibition papers covering a period of over forty years, making indexes thereof, and also going through some of the files of at least a score of other temperance and pro- hibition papers. Many magazine articles have been consulted, but only a small fraction of these are of much historical value. A number of daily papers have been examined, including the Chicago papers for 1855 and 1869. For more recent material the Philadelphia North American and the Philadelphia Public Ledger gave access to their files and to their “morgue” wherein their classified clippings are kept. The Portland (Maine) E-x- press, published by Colonel Fred N. Dow, son of Neal Dow, gave access to its collection of material upon prohibition. The files of the New York Times have also been used for recent material. Visits have been made to the homes of the families of several of the early prohibition leaders, including those of Neal Dow, Portland, Maine; John Russell, Detroit, Michigan; Gideon T. Stewart, Norwalk, Ohio; H. A. Thompson, Dayton, Ohio, and A. A. Hopkins, many of their original manuscripts, collections of pamphlets and clippings and files of early newspapers having been placed at the disposal of the writer. Mr. Edward W. Clark of Indianapolis, who with his father edited the Patriot Phalanx for many years, kindly loaned a complete file of that paper. Viii PREFACE Many others have contributed material. Colonel John Sobieski of Los Angeles and Michael J. Fanning of Philadelphia, early leaders who are still living, gave valuable personal reminiscences. Three transcontinental trips have been made, one in the cam- paign of 1920 as candidate for Vice-President and two in a nation-wide prohibition and law-enforcement campaign. Forty- five states and more than five hundred cities were visited. Many persons were consulted regarding the history and the personalities of the movement and also regarding current conditions. In addition several months in each of the years 1923 and 1924 were spent in Washington, D. C., as Legislative Superintendent of the Flying Squadron Foundation and as Washington editor of the National Enquirer which gave opportunity to obtain first-hand information regarding legislative and political conditions at the National Capital and also regarding the administrative situation centering there. More recently visits have been made to the Prohibition Unit for information. An indication of the preparation of the author from the stand- points of university training and long connection with the pro- hibition movement can be found on page 462. Before publication nearly all of the manuscript was submitted for criticism and suggestion to a committee composed of some of the best qualified men of any in the country to judge of the accuracy, the perspective and the thoroughness of the field cov- ered. To these the author expresses his cordial thanks. They were: Dr. Samuel Dickie, Chairman of the Prohibition National Committee from 1887 to 1899 and subsequently for twenty years President of Albion College; Mr. William P. F. Ferguson, for over fifteen years the editor of the leading national Prohibition newspapers; Mr. Alonzo E. Wilson, for many years the head of the Hlinois Prohibition Committee and from 1900 to IQII editor of the annual Prohibition Year Book; Dr. Raynor W. Kelsey, Professor of History in Haverford College; and Mr. E. L. G. Hohenthal, Chairman of the Committee on History and Secretary of the Prohibition National Committee. The Committee on History, who deserve the credit for having made possible the writing of this book, were: Mr. E. L. G. Hohenthal, Mr. Virgil G. Hinshaw, Mr. W. G. Calderwood and Mr. John McKee. Thanks are also extended to the many other friends through- out the country who have cooperated. New York Ciry, June 12, 1926. DLs CHAPTER I II Ill CONTENTS A Sketch of the Early Temperance Movement . The State Prohibition Movement of the Fifties Factors Leading to the Organization of the Prohibition Party The First National Prohibition Convention The Beginning Years, 1869-1872 The Decade of the Seventies The Early Eighties ; : The Famous St. John EEN of oe The Middle Eighties } The Influence of the Minority ath The Later Eighties State Constitutional Amendment Campaigns, 1887-1890 High License ; : The Prohibition Party in the Nineties The Voice of the Churches The Woman’s Christian Temperance Union: The Political Messages of Frances E. Willard The Dispensary System The Party Renaissance, the a of 1900 and 1904 . The Chafin and Watkins Campaign of ‘908 andy TOI, Local Option The Prohibition pe a the ne edie League; The Partisan Versus the Omni-Par- pone Bien ; hse 380 x CHAPTER XXII XXIT XXIV XXV XXVI XXVIT AXVITT XXIX CONTENTS Events of 1913 to 1916 The Progress of State and National Prohibition, 1914-1919 ‘ The Prohibition Party, 1917-1925 National Prohibition and its Administration, 1920-1925 The United States Supreme Coett and Pro- hibition The Liquor Power : The Principle of National Prohibition Prohibition’ and the American Governmental System Appendix Index PROHIBITION IN THE UNITED STATES ° i Nay nue. ' “ bbe ‘} nah Nae) om Chapter I A SKETCH OF THE EARLY TEMPERANCE MOVEMENT The beginning of the Temperance Reformation in the United States was contemporaneous with the founding of the govern- ment itself. Midway between the close of the War for Inde- pendence in 1783 and the meeting of the Constitutional Conven- tion in 1787 Dr. Benjamin Rush of Philadelphia, who had been a signer of the Declaration of Independence, published in 1785 his essay on the Effects of Ardent Spirits upon the Human Mind and Body. ‘This essay is generally accepted as the inception of the movement which has now been crowned by the establishment of the principle of Prohibition in the Constitution of the United States.* Prior to this, during the Colonial period, there had been much legislation designed to mitigate the evils of intemperance. In Massachusetts there had been passed no less than fourteen dif- ferent restrictive laws. Most of the colonies had passed laws prohibiting the selling of liquor to Indians. Even New Jersey was by no means a stranger to prohibitory legislation. In 1678 that colony enacted a law prohibiting sales of liquor to Indians by a fine of twenty pounds, the fine to be doubled for each sub- sequent offense, with twenty stripes if the offender could not pay. The two most notable bits of governmental action of the earlier period were the prohibition of the importation of ardent spirits into Georgia under Oglethorpe, the founder of the colony, in 1733; and the adoption by the Continental Congress, on February 27, 1777, of the resolution: That it be recommended to the several Legislatures of the United States immediately to pass laws the most effectual for putting an immediate stop to the pernicious practice of distilling grain, by which the most extensive evils are likely to be derived, if not quickly prevented.? It is significant that the first three Presidents of the United States each gave evidence of their concern over the liquor evil of their time. John Adams, second President of the United 1 One Hundred Years of Temperance, pp. 13-15, 113-122. Dr. Rush’s essay on pp. 606-622. 2 Journal of the Continental Congress, ae MIT Spi 2657 13 14 PROHIBITION IN THE UNITED STATES States, as a young man in 1760, led in what was almost a crusade against the liquor traffic in his community. Half a century later, in 1811, he wrote to Dr. Rush of having been “fired with a zeal amounting to enthusiasm against ardent spirits, the multiplication of taverns, retailers, dramshops and tippling houses” and as “grieved to the heart to see the number of idlers, thieves, sots and consumptive patients made for the physicians in these infamous seminaries.” Through court pro- ceedings he succeeded in reducing the number of licensed houses.* John Adams was one of the first to have a realization of the political menace of the licensed houses. Writing in his diary on February 29, 1760, he drew a graphic picture of the social and moral evils of the licensed houses and then continued: But the worst effect of all, and which ought to make every man who has the least sense of his privileges tremble, these houses are become the nurseries of our legislators. An artful man, who has neither sense nor sentiment, may, by gaining a little sway among the rabble of a town, multiply taverns and dramshops and thereby secure the votes of taverner and retailer and of all: and the mul- tiplication of taverns will make many, who may be induced by flip and rum, to vote for any man whatever.* George Washington wrote a letter on March 31, 1780, just a month before he was inaugurated President, in which he referred to drink as “the source of all evil and the ruin of half the work- men in the country.” ° Probably the most aggressive exercise of governmental power during Washington’s administration was his vigorous suppression of the Whisky Rebellion. Thomas Jefferson after eight years in the Presidency was re- ported to have said with great emphasis: The habit of using ardent spirits by men in public office has pro- duced more injury to the public service, and more trouble to me, than any other circumstance that has occurred in the internal con- cerns of the country during my administration. And were I to commence my administration again, with the knowledge which from experience I have acquired, the first question that I would ask with regard to every candidate for public office should be, “Is he ad- dicted to the use of ardent spirits?” ° The first temperance society was organized in the town of Moreau, Saratoga County, New York, in 1808. The prime 3 John Adams, Works, Vol. IX, p. 657. 4. Ibid. Nolwil, p.°84. 5 George Washington, Letters and Addresses, edited by Jonas Viles, p. 315. 6 Sixth Annual Report of the American Temperance Society (1833), p. Io. THE EARLY TEMPERANCE MOVEMENT 15 mover was Dr. Billy J. Clark, a physician. Calling upon his pastor, the Rev. Lebbeus Armstrong, one stormy night, he ex-. claimed : ‘We shall all become a community of drunkards in this town unless something is done to arrest the progress of intem- perance.” The outcome was that a temperance society was formed April 13, 1808, twenty-three men enrolling. It held quarterly and annual meetings for many years.’ Subsequent to this there were a number of local temperance societies formed and in 1813 was organized the Massachusetts Society for the Suppression of Intemperance, the first state so- ciety, which during the next dozen years formed numerous aux- iliaries in Massachusetts and Maine. The next important date was 1826 when the American Tem- perance Society was formed in Boston, and also in that year the Rev. Lyman Beecher printed his famous six Sermons on In- temperance. From the standpoint of effective, organized and widespread agitation, the aggressive temperance movement really dates from 1826. From that time onward for thirty years the history of the anti-liquor movement was a remarkable history of almost continuous progress and rapidly expanding influence. It was marked by a striking evolution in the methods employed for the solution of the liquor problem. Following 1826 was the period when temperance societies flour- ished in great numbers. By the close of 1829 eleven state tem- perance societies had been formed and there were 1,000 local societies and 100,000 members. By May, 1831, there were state societies in nineteen states and 3,000 local societies which were reported to number 300,000 members. By the end of 1833 there were 5,000 societies with more than a million members and by 1835 the reform had advanced with such momentum that The ~ Eighth Annual Report of the American Temperance Society stated that more than 8,000 temperance societies had been formed, embracing, it was thought, more than 1,500,000 mem- bers. The total population of the United States according to the census of 1830 was less than thirteen million. In New York State alone in 1834 the State Temperance So- ciety reported having received reports from 698 towns and cities which contained 1,652 temperance societies with an actual num- ~ber of pledged members reported amounting to 320,427. ‘This was an increase in membership in one year of 91,642. In addi- tion, III towns which were known to have one or more societies 7 Armstrong, The History of the Temperance Reformation, 1853, Chapter I. Also see World’s Temperance Centennial Congress, 1908 (Report). 16 PROHIBITION IN THE UNITED STATES had not sent in reports. Estimating the membership of those which had failed to report, the number of pledged members in the State was given as 340,107. The population of New York in 1830 was 1,918,608. One-sixth of all the people of New York State, men, women and children, including both city dwellers and those in rural homes, were members of the temperance so- cieties. Still more amazing was the percentage in New York City. In 1837, The Eighth Annual Report of the New York City Temperance Society reported a membership of 88,076 out of a total population that year of about 290,000. Nearly one- third of all the people of the nation’s largest city were enrolled members of temperance societies. The movement was beginning to produce results. In New York City for the eight years preceding the formation of the New York City Temperance Society in 1829 the number of licenses increased 14 per cent more than the population. In the eight years following the organization of the society, 1829-1837, the number of licenses in proportion to population decreased 43 per cent. The number of persons convicted of crime in New York City decreased from one in 204 of the population in 1830 to one in 338 of the population in 1836.° In New York State in 1834, 1,472 persons were reported as having abandoned the sale of ardent spirits during the year in their taverns or stores and in addition many towns reported that all had abandoned the sale.° The number of distilleries decreased from 1,149 in 1829 to 337 in 1835. Over the country by 1835, more than 4,000 distilleries had stopped, more than 8,000 merchants had ceased to sell any kind of intoxicating liquor. More than 1,200 ships were said to be sailing from our ports without any spirits on board. A rail- road and some stage coach companies had decided not to employ men who used ardent spirits. More than 12,000 who had been drunkards and, it was supposed, more than 200,000 other per-, sons had ceased to use intoxicating drinks of any kind.’° In Massachusetts three counties containing an aggregate popu- lation of 120,000 had not issued licenses for the sale of ardent spirits for three years preceding 1835. In 1833 was held the first of a series of National Temperance Conventions which were to be held at irregular intervals through 8 Eighth Annual Report of the New York City Temperance Society, 1837. 9 Seventh Report of the American Temperance Society, p. 112. 10 Eighth Report of the American Temperance Society, 1835, p. 20. THE EARLY TEMPERANCE MOVEMENT 17 the century. These conventions, particularly the earlier ones, were destined to mark distinctive and progressive stages in the advance of the temperance movement. The first National Temperance Convention met in Philadelphia in May, 1833, with 440 delegates from twenty-one states. It resolved: ““The traffic in ardent spirits as a drink and the use of it as such is morally wrong and ought to be abandoned throughout the world.” In 1833 a Congressional Temperance Society was organized with General Cass, the Secretary of War, as President.** The year before, 1832, General Cass had issued an order abolishing the spirit ration in the army and prohibiting the vending of ardent spirits to the soldiers of the United States in any fort, camp, Or garrison. Another exercise of ane prohibitory power the same year, 1832, was the order of the Board of Health of Washington, ily Aon during the cholera epidemic which declared the vending of ardent spirits,a nuisance and directed its discontinuance for ninety days. The order was given following an opinion sup- porting its legality by William Wirt who had served twelve years as Attorney-General of the United States. In 1834 Con- gress passed a stringent law prohibiting the sale of liquor to Indians. Many influential men were actively identified with the tem- perance movement including members of Congress, governors, and college presidents and professors. polled 10,545 votes, which was sufficient to prevent the Repub- lican candidate from receiving the majority vote, he being elected by only a plurality. This large vote encouraged the Prohibi- tionists and alarmed the Republicans. The Prohibitionists had been advocating a statutory law as the state constitutional amend- ment plan had not been agitated prior to 1878. In 1879 the Republicans desired to reelect Governor Gear. They feared to offend the increasing number of Prohibitionists who were demon- strating their willingness to back their sentiments with their votes. They also feared to alienate the liquor vote by committing the party to the enactment of a law. So they compromised by inserting a plank favoring the submission of a constitutional amendment to the people at a special election “in order that the entire question of temperance may be settled in a non-partisan manner.” Many of the Prohibitionists, willing to subordinate their new party provided their cause was recognized, were opposed to making a separate nomination, But there were some who were convinced that the prohibition question could not be “‘settled in a non-partisan manner’ and that a law administered by an anti- prohibition governor would not be very effective. These nomi- nated D. R. Dungan for Governor and in spite of the plank in the Republican platform polled a respectable vote sufficient to indicate to the politicians that they could not break faith on their platform plank. The Legislature of 1880 passed the submission resolution and, as the lowa constitution requires the passage of a constitutional amendment through two legislatures before sub- 140 PROHIBITION IN THE UNITED STATES mission to the people, it was referred to the Legislature of 1882 which also approved it and at the election, June 27, 1882, the people adopted the amendment by a majority of nearly thirty thousand. Notwithstanding the victory the constitutional amendment was invalidated by the state Supreme Court in the fall of 1882, be- cause of a technicality. It was found that a minor amendment of three words which had been added to the original text of the bill by the House in the Legislature of 1880 did not appear in the Legislative Journal as kept by the Clerk of the House. The amendment as voted upon by the people was exactly the same as passed by both sessions of the Legislature, but because of the failure of the clerk to record three words the vote of the people was annulled. There were many who thought the omission by the subordinate clerk was intentional and the fact that in two other states, Indiana and Oregon, there was a parallel situation with regard to legis- lative clerks invalidating the submission of a prohibition amend- ment gave reason for the conclusion that in some of those states at least it was a deliberate scheme of the liquor power to head off prohibition. But notwithstanding constitutional prohibition was thus pre- vented from going into effect, the people of Iowa became so aroused that they demanded the enactment of a statutory law and the next Legislature enacted such a law in 1884. The successes of the popular votes in Kansas and Iowa gave a big impetus to the constitutional amendment movement and so much prohibition enthusiasm was sweeping over the country that by the close of the legislative sessions of 1883 there had been no less than twenty-one states where a state prohibition constitu- tional amendment had been seriously agitated and voted upon in the legislature. The following is the record of legislative action up to July, 1883: In Kansas, Iowa, Ohio and Maine the Legislatures had voted for submission. In Oregon in 1883 the amendment passed both houses to be submitted to the succeeding Legislature. In Indiana it had passed the Legislature of 1881 and passed the House in 1883, but lost in the Senate. In Pennsylvania in 1881 it had passed the House by 109 to 59, but failed in the Senate. In 1883 the wets added a com- pensation clause which insured its defeat. THE EARLY EIGHTIES 141] In New Jersey the Senate voted for the amendment 11 to Io, but it was defeated in the House 29 to 27. In Michigan in 1881 it received the required two-thirds vote in the Senate, 21 to 10, but in the House fell three votes short, 63°10) 33. The method of amending the state constitution varies in the different states. In this period eleven states required a two-thirds vote of both houses of one legislature before submission to the people. In nine states the majority vote of two successive legis- latures was necessary, the adoption of the amendment to be com- pleted by a majority vote of the people. Some states required a majority of all the voters voting at the election. Others required only a majority of those voting on the proposed amendment. Rhode Island required a three-fifths vote of the people and there were other variations in method. In Connecticut, Illinois, West Virginia and Arkansas sub- mission passed the House but was defeated in the Senate. In Texas it passed the Senate but was defeated in the House. In Missouri and Wisconsin it received the vote of a majority of the House, but not the necessary two-thirds. In Wisconsin 100,000 people had petitioned for it in 1880 and more than that at the succeeding Legislature. In Nebraska it lacked only two votes of passing. In New York and Massachusetts it received about 40 per cent of the votes of the Legislature. In Vermont and Minnesota it also received substantial support. Notwithstanding that in a number of the states the politicians were successfully utilizing the bicameral system to balance one house off against the other and thus please both sides, the progress which was being made was bringing the prohibition workers to a high point of enthusiasm. Ohio. The next state to vote was the state of Ohio, then the third in the country in population. There a great moral victory was won even though prohibition was not placed in the constitu- tion. In Ohio the constitution required that a proposed amend- ment should receive a majority of all the votes cast at the election. This is a difficult provision because of the fact that it is a char- acteristic of American voters that not nearly as many vote on questions which are submitted to them at an election as vote on the candidates. Even though the negative vote may be small the adoption of an amendment is frequently prevented because of the failure of the voters to express their judgment. In Ohio out of fourteen amendments which had been submitted only one 142 PROHIBITION IN THE UNITED STATES had been adopted. The prohibition amendment voted on in 1883 received a large majority of the counted votes which were cast upon this question, but not sufficient on the face of the returns to make a majority of all the votes polled at the general election that day. Since 1851 Ohio had maintained an anti-license clause in its constitution. Originally it had been supposed that depriving the liquor-sellers of a license would amount substantially to pro- hibition. But those in power did not so interpret it and the liquor traffic continued. In 1874 an amendment to repeal the anti-license clause and to substitute license had been submitted and had been defeated. Of those voting on the question a majority of 7,286 voted against repeal of the anti-license clause and the license proposal lacked 61,461 of a constitutional majority of all those voting at the election. Meanwhile the politicians sought to circumvent the anti-license clause by passing laws protecting the liquor traffic under the guise of so-called tax laws instead of license laws. In 1880 the Legis- lature had passed the Pond Tax Law which was declared uncon- stitutional and in 1883 the Republicans passed another tax law to take its place called the Scott Tax Law. For a number of years there had been a strong prohibition sentiment in the state. It was in Ohio where the Woman’s Crusade had its effective beginning in 1873 and where it achieved its greatest successes. It was in Ohio where the Prohibition party had nominated its first local and also its first state ticket in 1869. In the last preceding election for Governor in 1881 it had polled the Jargest vote it had ever received. up, to this, time) godine Woman’s Christian Temperance Union, which under the leader- ship of Mrs. Mary A. Woodbridge had attained great strength, presented to the Legislature a petition containing 185,000 names asking for submission of a prohibition constitutional amendment. The growing sentiment could not be entirely ignored by the Legislature so the party in power decided to submit the amend- ment, but also in order not to alienate the wets it submitted a license amendment so that the liquor men might have another opportunity to supplant the anti-license clause of the constitution with a license provision. In addition it passed the Scott Tax Law designed to satisfy the conservative temperance elements and to lessen the support for the prohibition amendment. Those satisfied with the Scott Law would not vote for the amendment and, as adoption required THE EARLY EIGHTIES 143 the majority of all votes cast at the general election, the effect of the failure of the Scott Law adherents to vote on the amendment was the same as if they had voted against it. During the campaign the license amendment had been known as the First Amendment and the prohibition amendment as the Second Amendment. To make matters still more confusing, when the state central committees of the two larger parties held a joint meeting to consider how to print the ballots they agreed to put the judicial amendment first, the license amendment second and the prohibition amendment third. So those temperance voters who had been instructed to vote “yes” on the Second Amendment, if they followed their instructions, voted for the license amendment. The day the vote was taken was the day of election for Gov- ernor. The Democratic party had a plank against prohibition and Mr. Hoadly, the candidate for Governor, who was elected, had been a prominent attorney for the liquor interests. Mr. Foraker, the Republican candidate, declared: “The principles of regulation and taxation are eternal and will stand. And to these principles of regulation and taxation of the liquor traffic, be it known of all men, the Republican party is unalterably com- mitted.’’ Practically all the speakers of prominence of both par- ties and the leading papers opposed the prohibition amendment. In spite of the tremendous handicaps the moral forces made an aggressive and enthusiastic campaign. There were a number of nationally prominent speakers who came to the help of Ohio, including John P. St. John, John B. Finch, George W. Bain, Frances E. Willard and Mrs. Mary T. Lathrap. Notwithstanding frauds in the voting and still worse in the counting, the official returns from Cincinnati having been held back for some days and unquestionably manipulated, the result was that a large majority of the voters who voted on the question voted for prohibition. Of those who voted on the prohibition amendment 323,189 voted “yes” and 240,975 voted “no,” a majority of 82,214. However, it lacked 37,467 of a majority of all the votes polled for state candidates and did not become a part of the constitution. On the license amendment only 99,849 voted for it and 192,117 against it. Thus three states in succession, Kansas, lowa, and Ohio, gave popular majorities for prohibition. Maine. The next state to vote was Maine in 1884. She had tried prohibition for a third of a century, with the exception of 144 PROHIBITION IN THE UNITED STATES two years, 1856 to 1858, after which it had been reestablished by a large popular majority. The people of Maine were in a position to know whether prohibition was beneficial and desirable or not. They voted to establish prohibition in the Maine con- stitution by the overwhelming vote of nearly three to one, 70,783 to 23,811. Rhode Island. The next state to vote on a constitutional amendment was Rhode Island in 1886. In that state a three- fifths vote of the people was necessary to adopt an amendment. Despite this, prohibition received more than the required number. There were two other statewide votes prior to 1887 which, however, were not upon constitutional amendments. One was a plebiscite in that part of Dakota Territory which afterward be- came South Dakota. It gave a majority for prohibition. The other vote was in North Carolina in 1881, where a prohibitory statute had been submitted to the people and defeated. It had been badly framed, it was surmised intentionally so. Besides, the Republican party made opposition to it a party measure. Its state committee issued an address against prohibition. It lined up the negro vote almost solidly against the proposal with the result that prohibition lost by a heavy majority. Thus in the period from 1880 to 1886 out of seven statewide votes where the people had the opportunity to express themselves directly, six out of the seven states, all but North Carolina, had given popular majorities for prohibition. The continued, almost unbroken, success which attended the popular votes was com- parable only to the great prohibition wave of the early fifties. Great hopes and expectations were rife. It looked again as if prohibition was going to sweep the country. With the rapid growth of the Prohibition party following 1884, by early 1887 many thought that prohibition would become the dominant issue in the national campaign of 1888. The limitations of the constitutional amendment plan and the reasons for failure to advance will be discussed in Chapter XII. Bibliographical Note. For references, see close of Chapter X1. Chapter VIII THE FAMOUS ST. JOHN CAMPAIGN OF 1884 Eighteen eighty-four was a memorable year in the history of prohibition. That year the Prohibition party entered a new phase and became an aggressive, militant, nation-wide political organ- ization. Tens of thousands supported their convictions with their ballots, with the result that for the first time prohibition obtained recognition as a national issue. It is the year to which many of the older Prohibitionists of the present day point with pride and satisfaction as the year when they first championed the great cause. It was the beginning of a period which in many respects is the most inspiring in the history of the reform. For a whole- hearted devotion to the cause, for deep conviction, for moral earnestness, for able championship, for advocacy of high prin- ciple and for spontaneous enthusiasm no period has excelled it. From the standpoint of great and commanding personalities and masterly promulgation of the prohibition philosophy and argument the half dozen years following 1884 were in many respects the Golden Age of the reform. The sweep of prohibition sentiment was evidenced by the large growth of the temperance organizations, the resolutions of the churches, the election results where the question had been submitted and by the extent to which appeals and _ petitions had been made to the legislatures to permit the people to vote on state constitutional amendments. Notwithstanding that on the face of the legislative votes on submission near-success seemed to have been achieved in several states, the temperance leaders had lost confidence in the dominant parties. In some states, support in the legislatures sufficient to encourage the non-partisan temperance men had been given but submission had been lost. In sixteen Republican states where submission had been strongly urged the legislatures refused to submit. Commitment to prohibition had not been asked. The temperance leaders had sought merely the opportunity for the people to vote upon the question. In the words of John B. 145 146 PROHIBITION, IN THE UNITED STATES Finch, the head of the order of Good Templars, which had been very active in petition work: Six times in Nebraska we have gone to the Legislature on our knees asking the poor boon that this criminal be put on trial. Six times the Legislature, more than three to one Republican, has denied and spurned us. In Wisconsin our friends have gone five times with a similar petition. In Michigan they have gone four times, in Massachusetts twice. You in New York have gone once and the politicians felt the breath of your coming. They trimmed their platform to deceive you. They got your votes by false pre- tenses and then they refused your request and disgracefully broke their sworn pledge. In the beginning of 1884, John B. Finch, in a ringing mes- sage to the temperance people of the country on the work for 1884, said: The time has come for a union of all good men and women to say the Government must stop the ravages and outrages of the alcoholic liquor trade and the prohibitionists must refuse to wait a single year longer without a struggle to make it win this year. The principles of the reform are right and agitation must arouse public attention and hasten the day of victory. There is no more important issue demanding the attention of the American people. The liquor lords are absolute political autocrats and dictate or try to dictate the nominations of both Democratic and Republican parties. For prohibitionists to remain idle and allow the liquor lords to fasten the chains of their control on this country is to betray the highest and holiest interests of the people. The man and woman who cries “Wait,” “Go slow” is an enemy of God and Humanity. DAE Wey C. (Tu Ose MEMORIAL At the national convention of the Woman’s Christian Temper- ance Union in 1883 it had been determined to present to the presidential nominating conventions a: Memorial of the American home for protection from the saloon, asking them to “advocate and adopt such measures as are requisite to the end that prohibi- tion of the importation, exportation, manufacture and sale of alcoholic beverages may become an integral part of the National Constitution and that your candidate shall be by character and public life committed to a national prohibitory constitutional amendment.” Miss Willard was commissioned to present the Memorial to the different conventions. At the Republican convention she was THE FAMOUS ST. JOHN CAMPAIGN OF 1884 147 finally given fifteen minutes to present the Memorial to the plat- form committee. She went before the committee: On behalf of millions of women, good and true but grieved and sorrowiul, to ask that the guarantees and safeguards of law shall be stripped from the saloons of my country; that their tarnished gold shall no more pollute our treasury and that the land we love may at once and forever go out of partnership with the liquor trat- rire She was coldly received. The Platform Committee in its report ignored the subject and when the platform was read not a dele- gate even from the prohibition states uttered a peep against the omission. Later the Memorial which Miss Willard had pre- sented was found amid the litter on the floor of the committee room aslime with tobacco juice. This was subsequently pro- cured and photographed by Mr. J. A. Van Fleet, the editor of the Lever, a facsimile was published broadcast as evidence of the Republican party’s disrespectful treatment of the Memorial of the Christian women and as a “monument to the perfidy of the Republican party to the interests of the American home.” The attitude of the candidates was very unsatisfactory. Mr. Blaine, the Republican nominee for President, had advocated the distribution of the federal liquor tax to the states as a perma- nent resource to them. This proposition implied the ‘permanent entrenchment of liquor in the revenue system. Senator John A. Logan, the Republican Vice-Presidential nominee, had advocated the use of liquor revenue for school pur- poses, a policy exceedingly distasteful to persons of moral dis- cernment. Subsequently during the campaign Mr. Blaine further offended the prohibition element by dodging the vote on state constitutional prohibition when that was voted on in his state of Maine in September. ST. JOHN’S ACCESSION The action of the Republican convention in ignoring the pe- titions of the W. C. T. U. and the other temperance organiza- tions, in renewing its allegiance to the infamous Raster resolu- tion of 1872, and in nominating candidates who had publicly committed themselves to the perpetuation of the liquor en- trenchment in the revenue system resulted in driving ex-Governor St. John into the Prohibition party. Upon learning of the action of the Republican national convention, he declared: ‘I will con- 148 PROHIBITION IN THE UNITED STATES demn such cowardice, such disregard of the best interests of the people with my voice and vote,’ and allied himself with the Prohibition party in the national contest. However ex-Governor St. John was not yet ready to forsake the Republican party in the state of Kansas. Under his leader- ship as Governor it had enacted the laws for carrying the con- stitutional amendment into effect and at the preceding election in 1882 it had supported prohibition in its platform. He assumed that it could be depended upon to uphold prohibition as against attempts to repeal or nullify it. However, at the state convention a few weeks aiter its national convention, the Republican party of Kansas in its platform declared merely that prohibition had been adopted by the people without distinction of party and simply pledged itself to formal compliance with the requirements of the state constitution. A party could hardly dare to do less than to pledge allegiance to the constitution. Although recounting the achievements of the party it did not include prohibition as one of them. It thus substantially dis- owned responsibility for prohibition and left it without party support—the support of the agency which was to administer the government of the state. Besides, the candidate nominated for Governor was regarded as hostile. St. John, instead of compromising and weakly assuming that the two-faced policy of the old party must be endured for the sake of the maintenance of the semblance of prohibition, re- fused to be a party to such duplicity, expressed his contempt for the cowardice exhibited in the Republican party’s action and, notwithstanding it was not without severe personal struggle that he severed the political associations with a party which he had so long served, committed himself unreservedly to the Prohibi- tion party in both state and nation. ORGANIZATION OF THE PARTY IN INDIANA The national convention of the Prohibition party was pre- ceded by the organization of the party in several states where it had never been organized before, notably in Oregon, where the initial steps toward organization were taken at the meeting of the State Temperance Alliance in February, in Missouri and in Indiana. The developments in the latter state leading to the formation of the party are of significance. Indiana was one of the last of the northern states to organize, there having been no ticket there prior to 1884. There had been THE FAMOUS ST. JOHN CAMPAIGN OF 1884 149 a strong temperance sentiment, active temperance societies and there had been a state temperance organ published since 1875. The unsatisfactory provision which had existed for expressing one’s prohibition convictions at the ballot-box was illustrated by the weak and insipid advice given by the state temperance organ in the campaign of 1880. It said: “Let us look around us now, bury our prejudice and vote for what we think best for 1880.” For five years prior to 1884 earnest and persistent efforts had been made by the Grand Prohibition Council, the State Temperance Union, the W. C. T. U. and the churches to add a prohibition amendment to the constitution of Indiana. In 1881, after having been petitioned by 46,000 citizens, the Legislature passed the joint resolution for submission and re- ferred it to the succeeding Legislature to be again acted upon. But the resolution failed to be entered upon the journal except by its title. This clerical omission was made the pretext by the Senate in the Legislature of 1883 for refusing to submit the amendment to a vote of the people. The defeat of the amend- ment in Oregon and its invalidation in Iowa by similar omissions made by politically appointed legislative clerks caused more than a suspicion of something other than innocence. At the state conventions of 1882 both the Democratic and Republican parties had resolved in favor of submission, the former recommending submission at a general election and the latter at a special election, but at the same time the Democrats declared their hostility to the object. The Republicans did not commit themselves but when in the canvass it was charged by the wets that this silence meant an endorsement of prohibition the candidates vehemently denied any such construction and some of them openly declared their intention to vote against prohibition should it come to a popular vote. Notwithstanding this, the temperance forces made a thorough and expensive canvass of the state in favor of the Republican ticket and as a reward for it received the taunt that they had defeated the ticket by driving the saloon men to the Democratic party. The Republican party was unwilling to champion pro- hibition unequivocally, to such a degree as would elicit the sup- port of temperance Democrats. On the other hand, the liquor forces threw their balance of power to the Democrats with the result that the Democrats secured control of both houses of the Legislature. Submission passed the House by a large ma- jority. In the Senate it was defeated with eleven Republicans 150 PROHIBITION IN THE UNITED STATES not voting. If these had voted, or if the Republicans who did vote had voted for submission there would have been enough votes combined with temperance Democrats in the Senate to have submitted the amendment. At the annual meeting of the Grand Prohibition Council held a few months later in September, 1883, the Council being com- posed of representatives of all the temperance and prohibition organizations of the state, it was resolved: If, in the coming political contest at the state election of 1884, neither of the great political parties declares itself in favor of a prohibitory amendment to the Constitution in its platform, then, without regard to parties, or affiliation, we will respond to a call for a convention of temperance voters and workers in the state and at such convention will organize a prohibition party and will place in nomination a separate ticket for state officers. On the following day the State Christian Temperance Union met in semi-annual session and endorsed the resolution of the Grand Prohibition Council. In March, 1884, the same purpose was reiterated with instructions that in case neither of the larger parties should endorse prohibition a convention should be called. In addition to the well-considered action of the organized societies, thousands of voters authorized the editor of the Mom- tor-Journal, the state temperance organ, to append their names to a call for a convention provided neither of the larger parties should endorse prohibition in its platform and nominate candi- dates in harmony therewith. At the convention of the Republican party the temperance people were treated with scorn and contempt and the prohibition resolution was refused even a hearing. So strong was the feeling that by the time the prohibition convention met in July, 1884, thirty-four thousand eight hun- dred and eighty signatures had been appended to the call. The convention was called by M. E. Shiel, the editor of the Monitor-Journal, It was the largest temperance convention that had ever been held in Indiana. Col. Eli F. Ritter was Chairman. A strong platform was adopted and a full ticket nominated, headed by Robert S. Dwiggins as candidate for Governor. He had served as a Republican presidential elector and also as a member of the state Senate. What the aroused Prohibitionists of Indiana thought of the old parties is evidenced by the following vigorous extract from their state platform of 1884: THE FAMOUS ST. JOHN CAMPAIGN OF 1884 151 When political parties exist for the benefit of the country and labor for the promotion of some great good or for the eradication of some pernicious evil, they are a priceless blessing; but when they exist solely for their own good and seek to make the country tributary to that end, when their acts are dictated by a selfish policy and not by principle, and their chief aim is to secure the public offices and to dispense their patronage as the reward of party serv- ices; then political parties become subversive of public morals and dangerous to the stability and perpetuity of free government. To this complexion have the dominant parties of this country arrived. The platform went on to declare that the parties controlling the government refuse to recognize the liquor evil, spurn from their councils those who would call their attention to it and treat with contempt their earnest appeals. Referring to personal liberty it said: 3. In thus prohibiting the liquor production and sale there is no encroachment on that personal liberty which is so dear to every - American ; for no man has a natural right to injure society or burden the community by the practice of a vice or the commission of a crime. . . . But drunkenness is a degrading and expensive vice and to make a drunkard is a crime of the first magnitude and both of these are legitimate outgrowths of the liquor traffic. Another plank was as follows: 4. So long as legislatures are made and courts created by the machinery of political parties, unorganized public opinion upon any political question is of but little value. Even prohibition in the Constitution will avail but little without an efficient party honestly and earnestly committed to its enforcement. THE NATIONAL CONVENTION OF 1884 The national convention was held in Pittsburgh, July 23 and 24. It had been originally planned to hold it in May but it was decided to postpone it until after the conventions of the larger parties in order to give them one more opportunity to indorse prohibition. | Those who had held to the hope that one of the major parties would champion prohibition were doomed to disappointment, and by the time the Prohibition convention met most of the aggressive prohibition workers of the country were substantially a unit as to the necessity of third party action. More than seven hundred delegates and alternates from thirty-one states and territories gathered in historic Lafayette 152 PROHIBITION IN THE UNITED STATES Hall. From the beginning the convention was marked by tre- mendous moral earnestness and great enthusiasm. A pre-convention rousing mass meeting was held the night before and here as in the conventions of 1869 and 1882 the dominating message was delivered by John Russell, recognized as one of the ablest thinkers in the history of the prohibition movement. His whole address deserves preservation but part of it has such a pertinent bearing on the present situation as to command insertion. One of the subjects he discussed was: “Why insist upon a separate political party.” He said that parties are exponents and representative of political ideas. The major parties being composed of diametri- cally opposite elements on this question and each containing a large number of voters who are antagonistic to prohibition and who persistently make the upholding of the liquor trade the sine qua non of their political support—these parties are organically disqualified to meet the prohibition issue. Reviewing the history of the prohibition movement from 1851 to 1884, he asserted that the movement in the hands of those parties, or more properly in the hands of the friends of the principle but without a party, was “uneven, inconclusive and thoroughly unsatisfactory.” Continuing his discussion of the need of a party Dr. Russell said: Furthermore, prohibitionists need a party of their own because “Constitutional Prohibition,’ though it were secured in every state in the Union, would not prove a final adjustment of the controversy, nor would it remove the question from the arena of party politics. IT am not unmindful of the fact that some of our good friends have thought and taught differently on this point. Perhaps nothing short of actual experience will fully convince some of them of their error. Nevertheless, a few points should be considered touching this phase of the question: There probably is now no constitutional impediment in the way of enacting a prohibitory statute in any state in the Union. More- over, there are but few states, if any, where, if the question were submitted fairly, and so as not to complicate it with old party politics, and a “fair count” of the ballots could be obtained, a majority of the people would not vote for prohibition. Why, then, are not such statutes enacted, and why do so many good people petition legislative bodies in vain for the submission of constitutional amendments to a popular vote? The plain answer is, because the party in power could and would be held responsible by the liquor men for granting such favors to the cause of temperance. THE FAMOUS ST. JOHN CAMPAIGN OF 1884 153 Furthermore, it should be observed that the enforcement of law against the liquor business is even more taxing to the machinery of a party than the enactment of it. Our points then are: Democrats and Republicans are growing less and less willing to submit pro- hibitory constitutional amendments; such constitutional provisions if adopted are powerless for good unless followed by suitable statutes for giving them effectiveness; and, finally, because the agency of a thoroughly united party is even more needful for the election of effi- cient executive and judicial officers than the legislative department. In this connection allow me to remark that in no other way shall we ever completely answer the frivolous yet popular objection of our opponents that “Prohibition does not prohibit.” It would in- deed be marvelous if it should, and it is scarcely less marvelous that its friends have been stupid enough to expect it to, under the political conditions surrounding such legislation in the past. The comparatively excellent record which it has made, in this regard, in the initiative stages of its history is owing to the soundness of the legal principle and the profound moral conviction upon which it rests. Reasoning a priori, why should we expect it to prove ef- fective? The Prohibition party through the years had been preaching the necessity of the union of the good citizenship of the nation in a great national political party to obtain control of the government, national, state and local, and legislative, exesutive and judicial. Its purpose was to so administer the government that the liquor trafic might be suppressed and that the great social, economic, moral and political benefits which would accompany such an administration might be achieved. Among the fundamental and distinctive bases of the Pro- hibition party were: 1, The liquor question is a national question in every respect, requiring for its settlement the agencies of the national as well as the state governments. 2. The government of the United States is party government. 3. The real settlement of the liquor question requires a political party unalterably committed to prohibition from the standpoint of party principle. The nature of the problem requires the con- 380 PROHIBITION PARTY AND ANTI-SALOON LEAGUE 381 tinuous support of all branches of the government. The. party is the agency developed as a consequence of the American Con- stitutional system to provide for the cooperation of all branches of the government. 4. Neither old party can effectively support prohibition. Each is organically disqualified from the very nature of its composition. Fach makes its basis of union issues foreign to prohibition and each desires both the wet vote and the dry vote. Each contains a radically opposing element of potential bolters. So long as a party depends for success upon retaining the votes of that element it will cater to and compromise with that vote—it cannot settle the liquor question. With these underlying bases there was demonstrated the neces- sity of a party for prohibition. The tremendous difficulties of building a new party were not minimized but the overwhelming need justified the labor and sacrifice. In behalf of the political party method it was urged that it was simple, direct, familiar to voters, in harmony with the American system of government, effective when placed in operation, and that it had the weight of historical precedent in the building of a new party to deal with the slavery question. The Prohibitionists’ concept of the party was that it was an essential agency for the effective operation of the government. It was necessary as the means by which an aroused public sentiment could function in a manner so as to utilize the powers of government to suppress the liquor traffic. This concept was the antithesis of that which looked upon a party as a faction, or merely as a means for obtaining the spoils of office, or as a corrupt machine to be avoided and spurned. , A party being regarded as the necessary agency for the attain- ment of a great, transcendent objective, voting for such a party became a civic duty. It was perfectly proper to advocate voting for such a party in a church or anywhere. Responsibility for the use of the ballot took on a deeper and fuller meaning. By the late eighties and early nineties the Prohibition party was making great headway in convincing the more thoughtful and conscientious class of voters of the soundness of its position. Nearly every prominent leader in any branch of temperance work was a Prohibitionist. Several attempts to organize counter-move- ments against the Prohibition party had but little support and met with early failure. The sentiment for the party was by no means measured by the vote. It was more indicated by the possibility of a break toward 382 PROHIBITION IN THE UNITED STATES the new party. Back in 1887 it had looked as if prohibition might become the dominant issue in the presidential campaign of 1888. Several factors heretofore discussed headed it off, among which were the organization of the wets to defeat proposed state constitutional amendments and also the determination of the politicians to sidetrack prohibition by a compromise on high license and local option. The amendment defeats of the later eighties temporarily weak- ened the morale of the Prohibitionists. Then came the hard times and financial stringency accompanied by the Populist wave and the free silver conflict. This split every party, the Prohibi- tion party being hurt the worst. The split was, however, followed by a marvelous recovery, the campaign of 1896 having been the only campaign in the whole half century history of the party where another divisive issue seriously affected it. These hindrances did not affect the philosophy of the party. It was being increasingly accepted. As noted in the chapter on the Voice of the Churches, by 1892 most of the leading religious bodies were taking a very strong position in support, not only of national prohibition but also in support of a party for prohibition and they were emphasizing the-responsibility of the Christian citizen for the use of the ballot. The substance of a number of the church declarations was that a Christian citizen should not vote for a party which did not place itself on record in an attitude of open hostility to the saloon. Political righteousness had begun to be emphasized throughout the nation. Then came the Anti-Saloon League. It taught the present repression of the saloon with more or less emphasis on its ulti- mate suppression. Its vision was limited chiefly to the local saloon, and local option was its method, the scheme promoted by the old party politicians to head off the threatened growth of the Prohibition party. The League taught that voting for a party was not necessary. Voters might stay in their old parties and vote for “good men” in those parties. It ignored, if it did not substantially deny, the tremendous fact of party government. According to the Anti-Saloon League teaching it did not matter with which party aman voted. The policy of the party toward the liquor question or the party’s subserviency to the liquor oligarchy were matters of unconcern. Only the individual candidate counted. The bonds which held the candidate to his party, which gave him life politi- cally, were disregarded. Voters might remain in any party and still try to suppress the saloon. PROHIBITION PARTY AND ANTI-SALOON LEAGUE 383 Here was a fundamental and inherent point of conflict between the League and the Party because it involved how the adherents of the respective organizations should vote. The conflict in- volved the use of the ballot, the supreme instrument of citizen- ship. The teaching of one organization was to vote one way— for the old party; the teaching of the other was to vote for the Prohibition party. Upon the crucial question of the use of the ballot the teachings of the two organizations were diametrically opposed. ee This conflict brought on by the League propaganda could not be brushed aside by any solemn homilies about cooperation, neither could it be glossed over by “‘avoiding subjects as to which we differ,’ as stated by one of the officers of the League to be its policy. If the League was correct, if the solution could be brought about by men staying in their old parties, it seemed almost a waste of energy to try to continue the difficult task of building a new party. Unless its contention was overcome the Prohibition party was bound to suffer because the omni-partisan plan followed the line of least resistance. People did not want to leave their accus- tomed party unless there was a compelling reason for leaving. Furthermore, if the League was correct, the moral argument for voting for a party committed to prohibition was undermined. In the later eighties and nineties many conscientious voters were being influenced by the Prohibition party’s teaching con- cerning the moral responsibility for the use of the ballot. Many of the partisan Republicans and Democrats who could not justify the actions of their party, some of them holding high ecclesiastical positions, were being made to feel very uneasy be- cause of the ticket they were voting. The omni-partisan plan offered great relief to such as these. One deplorable reactionary effect of the whole League movement was a letting down in the standards regarding the moral responsibility for the use of the ballot in the groups that followed the League. There is no doubt that the rise of the Anti-Saloon League was the chief factor in obstructing the growth of the Prohibition party. ‘The moral voters of the country were not prevented from voting with the Prohibition party by being told that the liquor trafic ought not to be abolished, nor yet by being told that other issues were more important. Those obstacles were easily sur- mountable. But they were prevented from joining the Prohibi- tion party by being told, and that by speakers from pulpits, that 384 PROHIBITION IN THE UNITED STATES it was not necessary to join the Prohibition party to settle the liquor question but that their object could be accomplished by remaining in their old parties. EARLY HISTORY The Anti-Saloon League started at Oberlin, Ohio, in 1893 among a group of people who had become interested in the passage of a township local option law in 1888. They were led by the Kev. Howard H. Russell, a graduate of the Oberlin Theological Seminary, of the class of 1888. They were earnest and sincere against the evils of the saloon without evidencing much vision of the problem or horizon beyond the evils of the local saloon. They were Republicans, and this is an important fact. Oberlin had been one of the foremost centers in the anti-slavery. movement. ‘lhe people there had formed such a deep attachment to the party which had overcome slavery that they were almost intolerant towards the Prohibition party. On several occasions Oberlin had exhibited an amazing an- tagonism toward the Prohibition party. Back in 1883 during the Ohio constitutional amendment campaign, John Russell, the Father of the Prohibition Party, a man of great ability, while engaged in a speaking tour over Ohio in the interest of the amendment, was excluded from speaking in a Congregational Church in Oberlin, in which he had been scheduled to speak on a week night, because of his prominent connection with the Party. In 1884, Walter Thomas Mills, then a student in Oberlin Col- lege, who later became the first organizer of the Intercollegiate Prohibition Association and the author of an excellent book en- titled, The Science of Politics, was mobbed for his activity in behalf of the Party. Oberlin was also a typical local no-license town of a type in which in that period it was notoriously difficult for the Party to obtain a foothold. Such was the anti-Prohibition party environment of the League’s birthplace. The starting of the Anti-Saloon League was not considered of much importance for some time because of the well-known history of the successive failures of several other similar non- partisan organizations which had started and fallen by the way- side during the preceding decade. PROHIBITION PARTY AND ANTI-SALOON LEAGUE 385 PRECURSORS OF THE ANTI-SALOON LEAGUE These earlier organizations, none of which had _ sufficient vitality or moral power to exist more than a few years, included: 1. The Ohio Voters’ Union, organized in 1883, to unite temperance voters in a non-partisan manner to compel the sup- port of all political parties by throwing their vote solidly for any party pledged to their support. It existed only two years. Its president said they found “political ties and party bias too strong.”’ 2. In 1884 a number of prominent persons, led by Dr. Dorchester and Mrs. J. Ellen Foster, started the National Non- Partisan League. After issuing some pamphlets attacking the Prohibition party it collapsed. 3. In 1887 the Citizens’ Union of Michigan started out to reform the political caucus and convention and pledged its mem- bers to support as candidates for the Legislature only those men who were in favor of prohibition. Its president was the Repub- lican Lieutenant-Governor. Its purpose appeared to be largely to head off the Prohibition party. It likewise soon collapsed. 4. In 1889 a small faction of the W.C.T.U., disgruntled be- cause of that organization’s friendliness toward the Prohibition party, seceded and formed the Non-Partisan W.C.T.U., but it never attained much strength. It was exceedingly bitter in its opposition to the Prohibition party. 5. Ihe same year, in 1889, there started in Pennsylvania what was known as the Union Prohibitory League of Pennsyl- vania, headed by Dr. A. J. Kynett, who when the national Anti- Saloon League was formed in 1895, became chairman of the League’s board of directors. The animus of the Pennsylvania organization was shown in correspondence of Dr. Kynett who, in giving reasons for forwarding the League work, said, “in no other way can the present political tendency be modified,’ and another promoter of it said that unless the Union Prohibitory League was pushed, “the whole Prohibition movement would go into the hands of the third party.” 6. Another somewhat similar organization, which for three or four years showed more activity than any of the above, was the Anti-Saloon Republican movement. It differed from the non- partisan organizations in that it sought to commit the Republican party to prohibition. For a while it had the support of a promi- nent newspaper organ, the New York Mail and Express, but it received little encouragement from the Republican leaders and failed. 386 PROHIBITION IN THE UNITED STATES 7. Another attempt was in Missouri, in 1890, when there was held an “‘All-Partisan” temperance convention, the first time when a name similar to omni-partisan was used. The prime mover in working up the convention was Howard H. Russell, then a minister in that state, who three years later at Oberlin came to be the founder of the Anti-Saloon League. Cherrington’s History of the Anti-Saloon League states that he found it difficult to raise money to work up the convention, so his difficulty becom- ing known to the Non-Partisan W.C.T.U. at Oberlin, that organi- zation furnished fifty dollars and made possible the holding of the All-Partisan Temperance Convention. 8. In 1892 a non-partisan, anti-saloon organization was or- ganized in Massachusetts but was short-lived. It will be observed that most of the organizations mentioned above differed distinctly from the regular temperance organiza- tions like the splendid National Temperance Society, the temper- ance orders and others which were primarily educational and were non-political in the sense that as organizations they did not deal with the political phases of the question, or if they did they were not antagonistic to the Prohibition party idea. The leaders of most of the latter organizations were very friendly. Most of the organizations with which the Anti-Saloon League was related in its origins were distinctly hostile to the Prohibition party plan. This was further accentuated in the convention which organ- ized the national Anti-Saloon League in 1895. The list of those present shows that there were only one or two Prohibitionists of national prominence in attendance. The man chosen as national president of the Anti-Saloon League was Hiram Price, an ex- Congressman from Iowa and a Republican office-holder, a man who had been conspicuously persistent in his endeavors to head off the Prohibition party. He had been present at the special convention of 1882 and. had vigorously opposed the advanced party action taken there. Likewise in 1884, although then hold- ing office as a Republican federal Commissioner of Indian Affairs, he went to the Prohibition convention and did his best to prevent the nomination of a national ticket. So distasteful were his intrusions that the convention passed an ironical resolution introduced by John Lloyd Thomas: Resolved, That the convention of the Prohibition party recognizes with due humility the anxious care for the welfare of our party displayed by the representatives of the National Government, who in the persons of W. W. Dudley, Commissioner of Pensions, and PROHIBITION PARTY AND ANTI-SALOON LEAGUE 387 Hon. Hiram Price, Commissioner of Indian Affairs, have violated Civil Service rules and used public time to come to Pittsburgh to urge advice upon members of the convention, but we timidly ad- vance the claim that the intelligence of this assembly is ample to provide for its own security. The Prohibition party never had a more persistent and inde- fatigable opponent among the temperance leaders than Hiram Price, who was chosen the first president of the National Anti- Saloon League and continued to hold that position as long as he lived. Thus the president and the chairman of the board of directors both had records conspicuously hostile to the Prohibition party. These facts regarding the forerunners and the personnel of the early officers of the League furnish apparent justification for the feeling on the part of many of the better informed Prohibi- tionists that the desire to protect the “Grand Old Party’’ and to head off the new was too great a factor in the founding of the League. It was thought that some strongly partisan Republicans were seeking a pillow for their consciences while they continued to vote for a license party. The object of the National Anti-Saloon League was stated to be the suppression of the saloon. To that end it invited the alliance of all those who were in harmony with that object. Its attitude toward the party method was distinctly stated in the paragraph setting forth the object. That paragraph said the League “pledges itself to avoid affilia- tions with any political party as such.” In later years some criticized the Prohibition party for not cooperating more thor- oughly with the League but in its very object the League took a position in direct opposition to the fundamental philosophy of the Prohibition party. The emphasis of the League was placed upon opposition to the saloon. The immediate objective in most states was local option as to the local saloon. For many years even the brewery and distillery were given little consideration. THE LEAGUE AND LOCAL OPTION IN OHIO The work of the League can best be illustrated by its history in the state of Ohio. That was its birthplace. By 1919 thirty- four of its state superintendents had come from that state. For years the successes won in Ohio were held up by its representa- tives in other states as evidence of what wonderful victories could 388 PROHIBITION IN THE UNITED STATES be won by League methods. It was their exhibit “A” as to League accomplishments. Ohio was a state where for a generation there had been a strong and vigorous prohibition sentiment. In 1851 it had placed an anti-license clause in its state constitution. This was, how- ever, circumvented by the Legislature providing for a liquor tax instead of a license fee. In 1874 the liquor interests had tried to repeal the anti-license provision, but the people by a popular vote had voted to retain it. In 1883, ten years before the League was started, a state pro- hibition constitutional amendment had been submitted to the people and received a counted vote of 323,189 in its favor to 240,975 opposed. But as the constitution required for its amend- ment a clear majority of all the votes cast at the election for any office, prohibition fell short of the required number to place it in the constitution. . Notwithstanding this sentiment, the League started in with local option, which to the Prohibitionist was a decided retro- gression. It was like a college graduate starting in all over again in the kindergarten. After thirteen years of agitation all the League had secured in its banner state was local option by a unit which did not cover a greater area than a municipality or township. In 1908, how- ever, a county option law was passed. In the next two and a half years under that law fifty-seven counties voted out the saloons, which, together with five already having no saloons, made sixty-two counties out of eighty-eight, where the people had outlawed the saloons. This appeared to be very encouraging progress. But in the second series of county option elections, held after the two years’ interval had elapsed, seventeen of the fifty-seven counties went wet again. Here was revealed the weakness of the Anti-Saloon League methods. The first election evidenced the sentiment of the people against the saloons. These were universally evil and the people wanted to banish them and voted against them when the question was submitted. The second election reflected the disappointment at the degree of banishment which had been achieved. There were several reasons why dry counties voted wet. One was the limited area of county option. Another reason was because the League in limiting its vision to the local saloon had not seen the breweries and the distilleries which not only furnished the source of supply but corrupted politics and also concentrated their national resources in local county elections. PROHIBITION PARTY AND ANTI-SALOON LEAGUE 389 But probably the chief reason why dry counties went wet was because of the League’s ignoring of party government. The county had voted dry but the court house continued wet. In many cases the old type of political ring continued in office. These politicians were not in sympathy with the dry side and made no special efforts to enforce the law. The county was voted dry in one manner, by a direct vote of the people, but the officers were selected in another manner— by the political party. The political party nominated and elected the officers. Accord- ing to the Anti-Saloon League’s omni-partisan theory it was not necessary to have a party, its stress was laid upon good men regardless of party. Hence the League made no effort to secure a party alignment upon the dry issue. Each major party was composed of opposing elements on this question. Consequently the office-holder elected by the party organization held his office in part at least by the votes of those who did not want the law enforced. The office-holder knew that the organization which placed him in office was divided upon the question. He knew that if he were aggressive in doing his duty, he would alienate an active element of his party which was opposed to the law. He knew that he would be in danger of losing his office at the next election. On the other hand, by long experience the office- holders had found out that by a moderate pretense of enforce- ment they could probably hold that element of the party which was in favor of the law. Consequently in multitudes of cases in counties, states, and in the nation as a whole, a pretense of enforcement has been about all that was secured. As a result the holy cause of prohibition was brought into disrepute, due in its final analysis to the inherent weakness of the omni-partisan plan more than to any other single factor. That is undoubtedly the greatest reason why dry counties and states went wet. Throughout the history of prohibition the difh- culty has not been in getting prohibiting laws, but in getting them enforced. Returning to the history of the League’s work in Ohio, follow- ing the reaction on the second vote on county option, the State Constitutional Convention in 1912 removed the anti-license clause from the constitution and a license amendment was substituted. In 1914 on a statewide vote the wets succeeded in repealing the county option law and the number of counties having no saloons fell to only eighteen. It was the adoption of the statewide initiative and referendum 390 PROHIBITION IN THE UNITED STATES in 1912 which forced the League to adopt the state as a unit. Votes on state prohibition were taken in 1914, 1915 and 1917 with diminishing wet majorities each time and finally in 1918 a prohibitory law was secured. Such was the history of the League in its most lauded state. What had been proclaimed as wonderful local option victories turned out to be only temporary. Aside from the benefits of agitation and education, only small lasting benefits were achieved until after local option had been supplanted and national prohibition had become the overshadow- ing objective. THE OMNI-PARTISAN PLAN The Anti-Saloon League called itself omni-partisan and inter- denominational. There was a good deal of obscurity as to just what the term meant. As late as 1923 in a national conference the writer heard two high national officers of the League argue the question whether the League was omni-partisan or non- partisan. It was non-partisan in the sense that it was not partisan and did not affiliate directly with any party. But the term non- partisan has acquired to a large degree a technical meaning. A non-partisan movement is one such as is conducted when a meas- ure is submitted to a direct vote. Omni-partisan did not mean that it sought the support of all party organizations because in its very object the League pledged itself to avoid affiliation with any party as such. If it could not afhliate with any it could not with all. By the omni-partisan plan it was meant that the League sup- ported individual candidates of all parties or any, but did not seek the support of any party. The party to which a candidate belonged made no difference. The Anti-Saloon League Blue Book said: “The League has to do with candidates and the things they stand for instead of parties,’ and the Anti-Saloon League Catechism stated it was the aim to concentrate upon can- didates for office “irrespective of their party affiliations.” + In the Catechism, which was the Anti-Saloon League’s decla- ration of principles and methods, adopted in 1903, given in the form of questions and answers, one of the questions asked was, “May the League, at any time, be identified with any one politi- 1The Church in Action Against the Saloon, an Authoritative Statement of the Movement Known as the Anti-Saloon League called the Blue Book, 1910 ed., p. 14. PROHIBITION PARTY AND ANTI-SALOON LEAGUE 391 cal party, for the accomplishment of its purposes?” The answer was: “No. The League is under solemn promise not to form afhliations with any political party, nor to place in nomination a ticket of its own. Its plan is to make selections of the most acceptable available candidates placed in nomination by existing parties, and to invite persons in all the political parties to unite in securing their election.” The theory of the League was sometimes called the “good man theory”’ because it.urged people to vote for the “good man” can- didate no matter what his party. It assumed that so long as the individual candidate was a “good man” and personally more or less favorable to the particular temperance legislation sought by the League, the attitude of his party was of little or no importance. Meanwhile party government went right on. The major parties continued to be divided within themselves upon the pro- hibition question. Prohibition did not become a party principle. It was ignored by the parties. But the League upheld no high qualifications in supporting even so-called “good men.” In the Catechism one of the ques- tions was: “May the League properly favor the election of can- didates who are not wholly in faith and practice acceptable to friends of temperance reform?” The answer was: “While it is desirable that candidates for office should be in all respects ac- ceptable, it may be necessary at times, in order to secure some desired end, to vote for candidates committed to the object, though not wholly committed to the plan and purpose of the Deasie: Another question was “How shall the League choose between candidates partially acceptable?” The answer was: “It should choose the one committed to the most desirable measures and of whose election there is a reasonable probability.” In case of choice between a candidate partially acceptable and one who was unobjectionable but whose election was apparently improbable, the choice was the “‘partially acceptable’ candidate.? This led to many exceedingly strange situations. For ex- ample, in 1908 in Illinois the League endorsed thirty-four can- didates for the Legislature who were also endorsed by the liquor organizations. That the liquor side knew their men better than did the Anti-Saloon League was proven by the fact that although, following the election, the League claimed a victory, when the Legislature met no desired legislation was obtained. 2 Catechism, Question 14. 392 PROHIBITION IN THE UNITED STATES This League policy led to the support of all kinds of ques- tionable candidates and helped to perpetuate the old type of poli- ticians. It tended to repress high ideals in politics. It was very discouraging to a candidate striving for purer politics to have the church vote, so far as influenced by the League, go to an opposing candidate who was but “partially acceptable.” Another evidence of the League’s satisfaction with the old parties was shown by question nineteen of the Catechism. It asked: “Does the League seek the disintegration of any political party?” The answer was: “It certainly does not. It never seeks to induce any voter to forsake the party of his choice, nor to vote a party ticket other than that with which he has been con- nected. While it makes selections of most desirable and avail- able candidates in all parties and aims to unite in their election adherents of the several political parties, it avoids all efforts that would tend to destroy party integrity or effect the overthrow of any political organization.” This, again, was in direct opposition to the purpose of the Prohibition party which sought to overthrow both the liquor- dominated old parties with their shameful subserviency to the liquor power, their organic incapacity to settle this question and their perversion of the high purposes of government. There was an irreconcilable difference, a great gulf between the low ideals of satisfaction with the rum-ridden old parties and perpetuation in office of low grade politicians on the one hand, and on the other the ideals of the Prohibition party which sought a regeneration of politics and statesmen to match the grandeur of the cause. The lack of idealism in politics was all the more deplorable because the League claimed to represent the church in action. The League had started in 1893 as a “self-perpetuating, vol- untary organization” working chiefly through the churches but it was not until 1904 that, beginning in Illinois, the state branches began to officially represent the churches by virtue of the state bodies of the different denominations appointing members of the state boards of trustees of the League.* The League usually saw to it that only their strongest supporters were appointed so that it was exceedingly seldom that the churches were able to control the League to the extent of removing a superintendent. Not all the denominations were represented. The Presbyterian Church was precluded by reason of a provision in its fundamental law preventing official connection with non-ecclesiastical bodies and its 3 The Church in Action, p. 60. PROHIBITION PARTY AND ANTI-SALOON LEAGUE 393 General Assembly repeatedly refused to take steps toward author- izing official connection. One effect of the League’s work was to cause a reaction in the high standard taken by the church as expressed in the church _ declarations described in Chapter XV. This reaction was most noticeable in the Methodist Church where the League obtained its greatest influence. As quoted in the chapter referred to, that denomination in 1888 and 1892 had taken very advanced ground with regard both to prohibition and to political parties. But by 1908, under the influence of the League, the resolutions had been toned down to individual candidates instead of parties and substantially to the advocacy of local option, with prohibition held out as a hazy prospect in the indefinite future. The Methodist resolutions of 1908 repeated the familiar League phrases about putting the liquor traffic “in the course of ultimate extinction” and about local option as a “‘step.”” They were in decided con- trast to the earlier militant declarations. Among the reasons why the League was unacceptable to the more advanced Prohibitionists were: : 1. Its advocacy of omni-partisanism, the effects of which are hereinafter discussed. 2. Its concentration upon local option, an entirely inadequate solution for an overwhelmingly national problem. In the Anti- Saloon League Year Books of 1908 and I9QIO three times the space is given to a discussion of local option as a method as that given to prohibition. Not until 1913 did local option cease to be the chief method promoted by the League. 3. Its lowering of the standard of the churches to conform with the low basis of current political conduct rather than up- holding high ideals of righteousness in government. 4. Its obsession regarding the “step” theory of local option with the result that in a number of states it obstructed the secur- ing of prohibition. In North Carolina it opposed the state prohibition campaign until practically forced into it by Governor Glenn. In Georgia the League came out for state prohibition only a short time before it was adopted in 1907 and as the result of the fact that men on the Resolutions Committee who had long been affiliated with the Prohibition party insisted that it should declare for state prohibition. In Arizona it opposed the statewide campaign in 1914 which proved to be successful. In South Dakota it had consented to the dispensary and in 394 PROHIBITION IN THE UNITED STATES Iowa, in 1902, it had favored the maintenance of the infamous Mulct Law. Its policy up to 1913 was almost continually that of opportu- nism. It frequently retarded rather than led public sentiment. 5. Its numerous compromises alienated many who were supporters of prohibition by reason of principle. Even after 1913 it supported gallon and quart laws which permitted liquor in certain quantities to be shipped into prohibition terri- tory for personal use. The League supported such laws in Vir- ginia, Oregon, Washington, and other states. In California as late as 1917 it supported the Rominger bill which permitted the sale of wine up to 21 per cent of alcohol. 6. It incorporated “for sale” clauses in the proposed amend- ment to the Federal Constitution, known as the Hobson Amend- ment, which it caused to be introduced in Congress in 1913. These clauses made the prohibition apply only to the manufacture for sale, transportation for sale, importation for sale, and ex- portation for sale. If these clauses had been adopted they would have made prohibition of little effect. One of the reasons for a constitutional amendment was to confer upon the federal government the direct, unquestionable power to prohibit. If the Hobson Amendment had been adopted it would have limited the federal prohibitory power to merely that of prohibiting the manufacture for sale, the transportation for sale, and so forth. It would not have provided for the pro- hibition of manufacture or transportation for personal use and would have been almost unenforceable. 7. It opposed the Reed Amendment which prohibited the inter- state transportation of beverage liquors into any state or territory the laws of which prohibited the manufacture or sale of intoxi- cating liquor. When this measure was pending in Congress in 1917, the chairman of the League’s National Legislative Com- mittee, Dr. Cannon, sought to prevent its passage. He personally lobbied against it. It passed despite his opposition. The effect of the Reed Amendment was to prevent the bringing into so-called dry territory of liquor in quantities for personal use, this having been permitted in several states by the compro- mising prohibitory laws which had been drafted by the League. 8. Its halting, temporizing attitude on War Prohibition was not creditable at a time when an unprecedented patriotism was voicing its demand for the overcoming of the worst enemy any nation had. g. The League’s continual policy of opportunism, its almost PROHIBITION PARTY AND ANTI-SALOON LEAGUE 395 habitual compromising, its repeated political machinations even against other prohibition organizations, caused it to incur the disapprobation of many of the better informed and more advanced temperance people of the country. The other anti-liquor organiza- tions cooperated with each other, but it was exceedingly difficult for them to cooperate with the League except upon the basis of subserviency to the League. 10. The League had a comparatively superficial grasp of the larger aspects of the problem. There was comparatively little scholarship in its propaganda except perhaps on the physiological side of the problem, where in the later period material was fur- nished chiefly by the Scientific Temperance Federation which had its origin in the Department of Scientific Temperance Instruction of the Woman’s Christian Temperance Union. For intellectual content the files of its organs do not compare with the files of the Prohibition papers with their many able articles. 11, There were other irritations caused by the League, such as its attempted blocking or circumventing of the more aggressive church temperance boards; its attempts in a dozen or more states to close the churches to prohibition speakers of other prohibition organizations; its excessive and exaggerated claims for credit for the progress of prohibition; its misleading wet and dry maps; its meager experience of sacrifice as compared with the Prohibition- ists; its almost universal failure to support Prohibition party candidates, even those who had already demonstrated their pos- sibility of election—notably its failure to support Congressman Randall of California for reelection notwithstanding his un- surpassed record in Congress, and also State Senator Lobeck in Minnesota, a splendid, able Prohibition leader of the Northwest. These objectionable actions and characteristics of the League, however, were minor as compared with the fundamental conflict between the partisan and omni-partisan plans. The omni-parti- san plan has thus far prevailed. It has now been tested. As has always been claimed by the Prohibitionists, it has now been demonstrated to have serious inherent defects which or- ganically affect the success and progress of prohibition and which demand analysis. CONSEQUENCES OF THE OMNI-PARTISAN PLAN 1. The omni-partisan plan prevented a continuous political union of the voters who were in favor of prohibition. By keeping them divided among all parties it prevented a union in one. It kept the dry Republicans in the Republican party and the dry 396 PROHIBITION IN THE UNITED STATES Democrats in the Democratic party and was unable to control either party as a party. 2. Such union as was achieved was only temporary. Whena state referendum campaign was on the dry voters were gotten to the polls in mass. But they voted on the specially submitted question of prohibition, cast their ballot for it in the referendum and that ended their union. The voters separated when it came to the election of officers to execute the law. Similarly, the occas- ional crossing of party lines to elect dry candidates was temporary and exceptional. The customary attitude was adhesion to one’s accustomed party. 3. The temporary joining to carry a referendum provided for the adoption of a policy but not for the continuous union to carry it into effect. It did not provide for the continuous administrative support to execute it. 4. Under the omni-partisan plan one group of voters adopted the policy, that is, the group which voted for the prohibition law under the referendum. But another group administered the law, that is, the group which composed the political party in power and elected the officers. The majority which adopted the law was differently composed from the majority which elected the off- cers. But the group which elected the officers was organized and continuous and the group which voted for the law was not. 5. No matter how much the Anti-Saloon League tried to get around the fact of party government, its attempt at such circum- vention did not do away with the fact. The ostrich by hiding its head in the sand cannot obliterate the fact that his enemies are approaching. The fact is that the parties nominate and elect the candidates and the successful party administers the gov- ernment. 6. Neither major party was united in the support of prohibi- tion. Neither adopted prohibition as a party principle. The League continuously opposed the proposal that either party should support prohibition. Even in 1920 after prohibition was in the Constitution, but was being viciously attacked by opposing inter- ests, the chairman of the Legislative Committee of the League, Bishop Cannon, appeared before the Resolutions Committee of the Democratic National Convention opposing a proposed plank upholding prohibition. He did it even in opposition to William J. Bryan, three times Democratic candidate for President and in later years the most prominent dry leader of that party. He did the same thing at the Democratic National Convention of 1924 in Opposition to more than twenty-five other prohibition organi- PROHIBITION PARTY AND ANTI-SALOON LEAGUE 397 zations which were seeking a plank in favor of the maintenance and enforcement of prohibition. 7. By giving its influence to the perpetuation of the old parties, by “avoiding all efforts that would tend to destroy party integrity or effect the overthrow of any political organization,” the League helped to keep alive the old alignments and helped to make other issues paramount, issues frequently manufactured or exaggerated and usually infinitesimal as compared to prohibition. The League thus minimized its own issue and encouraged its subordination. 8. Party alignments continued along the old cleavages. Each party contained two opposing and conflicting elements, the wets and the drys. But both elements were party supporters. Both were an integral part of the party. The wettest liquorite was just as good a Republican or a Democrat, as the case might be, as an Anti-Saloon League bishop. It was the party policy to hold both of these elements if possible and alienate neither. 9g. The liquor vote was more easily alienated. It was less bound by party ties, would leave on less provocation. It was more easily controlled, was more bossible, could be more easily shifted from one party to another. It was harder to conciliate and could only be conciliated by compromise either in legislation or en- forcement. It exacted obedience by its threat of wielding its balance of power. It frequently disciplined and defeated can- didates. Its alienation was, therefore, more feared than that of the temperance vote. 10. The liquor traffic was able to wield the balance of power, to occupy the center of the political teeter-board, simply because the good citizens continued to be divided between the two old parties, the very division fostered by the omni-partisan plan. The advocates of the omni-partisan plan unwittingly helped to forward the plan of the liquor men which, according to one of the liquor organs, was to “keep both parties in the field, divide the spoils of office between them, prevent the hopeless defeat of either.” 11. Even -under constitutional prohibition the liquor traffic continued to take advantage of the division between the two parties on extraneous issues and threatened to wield the balance of power. Some have thought that this threat of the use of the balance of power has lost its influence. Locally in the dryer sections and in the one-party states it has done so to some degree. But in the nation as a whole the liquor element continued in the year 398 PROHIBITION IN THE UNITED STATES 1924 to elicit the silence if not the obedience of the politicians because of its threat to wield the balance of power in carrying the presidential electoral vote in certain close, pivotal states. The opponents of prohibition took advantage of the continued division along other issues and the closeness of presidential elections. In March, 1924, the Joint Legislative Committee for the Modification of the Volstead Act, which claimed to represent the American Federation of Labor and three wet organizations, hav- ing as chairman the First Vice-President of the American Fed- eration of Labor, sent out publicity matter in which it claimed to be speaking for 7,000,000 voters. This was undoubtedly greatly exaggerated. But the wet threat of wielding the balance of power affected the politicians and rendered parties silent if not subservient. : Over four years after the Eighteenth Amendment had gone into effect as a part of the Constitution both parties continued to be afraid to alienate wet votes because they feared to lose the margin of plurality in certain close, pivotal states which contained a considerable wet vote, among these states. being New York, New Jersey and Maryland. One illustration of the continued domination of the liquor power over the old parties was a conversation which the writer had in February, 1924, with a personally dry Congressman from the pioneer prohibition state of Kansas. Kansas is a state in which locally the liquor traffic had as little political influence as in any state in the country, a state where the benefits of prohibi- tion were so universally recognized that the people were almost unanimous in its favor. Yet notwithstanding this, the Kansas Congressman was opposed to his party adopting a plank in favor of the maintenance and enforcement of prohibition for fear it would alienate votes in certain close, pivotal states of the East. In an earlier chapter it was stated that Kansas delegates to the Republican national convention of 1888 had refused to advo- cate a prohibition plank. Likewise in 1920 enthusiasm for com- mitting the national party was lacking, and the same attitude con- tinued in 1924. This illustrates how the liquor traffic continued to wield its power and how both of the old parties in their desire to retain a component part of their membership continued to be dominated by the wets. If the same overwhelming prohibition sentiment which out- lawed the saloon in most of the states and which placed prohibi- tion in the Constitution had been united in a political party the PROHIBITION PARTY AND ANTI-SALOON LEAGUE 399 wets would not now be able to take advantage of old partisan divisions to wield the balance of power. The present deplorable situation is thus a direct consequence of the omni-partisan method. 12. As a result of the dual composition of each party and the continued incentive to hold the liquor vote in national elections, neither party was committed to the maintenance and enforcement of prohibition. It did not become a party principle. Even though prohibition is in the Constitution, such is the influence of the party interest that politicians place the party ahead of a great moral’ principle in the Constitution, 13. Not being a party principle, neither party accepted re- sponsibility for the earnest. enforcement of prohibition. The kind of prohibition which the United States has thus far ex- perienced has been prohibition without a responsible party behind it to administer it. One of thé main reasons for lack of party responsibility for prohibition was because the Anti-Saloon League followed the policy of trying to get around the fact of party government. One of the reasons why the League gained as many so-called victories as it did, was because it seldom called upon a legislature to take a direct responsibility for the inauguration of a dry policy. Usually it merely asked the legislature for a local option law which shifted the responsibility away from the legislature to a locality, local option permitting a locality to decide for or against the saloon; or, later, it asked for the submission of a state amendment which also shifted the responsibility for the decision from the represen- tatives in the legislature to the people of the state. Even the submission of a federal constitutional amendment shifted the responsibility for the time being from Congress to the state legislatures. Some of the Anti-Saloon League leaders made the unsound argument that Congressmen should forego their own views and submit the question to the states and let the states de- cide the question of amending the Constitution. There is no evidence, however, that many Congressmen were influenced by that kind of argument. Although the responsibility could be shifted when it concerned a single decision, such as is involved in voting for or against a particular proposal, responsibility can not be shifted when it concerns the continuous enforcement of the law. Here the party in power has the responsibility and upon the question whether or not the party seriously fulfils that responsibility depends whether or not the law is effectively enforced. The fact that there has been no real party responsibility for prohibition by the 400 PROHIBITION IN THE UNITED STATES party in power is the main reason why prohibition has not been better enforced. The reason for ineffective enforcement traces back to the unsound governmental theory underlying the omni-partisan plan. 14. Another effect of perpetuating the old alignments was that the office-holder had a divided constituency, some wets, some drys. If an administration offended the drys by a lax enforce- ment of the law it has been found by long experience that the dry voters, although they sometimes protested, usually stayed with the party. On the other hand, if the wet voters became offended they frequently bolted to the opposite party. The ordinary office- holder usually took the middle ground and made a pretense of enforcement sufficient to satisfy the drys and at the same time catered to the wets by interfering with them no more than neces- sary to maintain the pretense. In many cases, however, the office- holders did not respect the law even to the extent of making a pretense of enforcement. For effective enforcement a united constituency for the administrator is essential. The omni-partisan plan usually furnished a divided one. 15. The continuation of the national party incentive to hold the wet vote so affected the party objective and created such a subserviency to the wet vote as to neutralize efforts to reform the old parties from within. Direct primaries failed to reform either. old party to any great degree because the national party ob jective continued to be to retain the wet vote. The primaries might change the personnel within the organization but did not greatly affect the objective of the party. The national objective of a party in presidential elections is the chief factor in determining the policy and character of a party. 16. One of the most deplorable consequences of the omni- partisan plan was that it resulted in the perpetuation in a large measure of the old type of degraded politics. A great moral principle was implanted in the Constitution, but there was but little betterment in the quality of our politics because, as indicated above, the opposition was left in control of the party organiza- tions. In most states the same old political bosses continued in power. The old low political standards continued to prevail. The political machinery continued to be in the hands of the ordinary old type of wet or “two-faced’’ politicians. The omni-partisan plan left most of the political power in the control of the old political organizations which were responsible for the colossal infamies of the old liquor political system. This situation was in sickening contrast to the purpose and PROHIBITION PARTY AND ANTI-SALOON LEAGUE 401 ideals of the Prohibitionists who sought a party of commanding principle, a party of a united constituency, a party which would stand four-square for political righteousness, a party which would root out the old pro-liquor régime and install in office men en- nobled by the very cause they champion. Of course, the personnel of politics was improved to some de- gree as the result of outlawing the saloon. Such improvement as occurred, however, was chiefly in legislative bodies, rather than in executive officers, as most of the concentration upon so- called “good men” was to secure legislation rather than adminis- tration. Also the improvement was better in the one-party states where dry candidates, after winning in the primaries, stood a bet- ter prospect of winning in the ensuing election because in the one-party states the wets were not able to control the balance of power. But taking the country as a whole, a tour of over five hun- dred cities in forty-five states in nation-wide prohibition and law enforcement campaigns in the six years since the preparation of this history was begun has impressed the writer that local adminis- trative officers continue to be largely of the same type of poli- ticians as before. The omni-partisan derogation of a party for prohibition resulted in the dominant parties remaining unpuri- fed. The great principle of prohibition was entrusted not to its friends, but often to its enemies—to officials who owed their political careers to the liquor-political alliances, In fully two- thirds of the cities visited throughout the country some of the essential, strategic official positions relating to law enforcement were filled by wets. Including such officers as mayor, chief of police, sheriff, prosecuting attorney and judges, all of whom are vital in law enforcement, it was only occasionally that a large community was found where all these officers were dry. Where the officers were dry, it was generally due to there having been a union of the better citizens—substantially a local party align- ment to elect officials who would enforce the law. 17. Still worse, this continued dominance of the old régime in politics had its debasing effects in the presidential campaign of 1920 and in the national administration which followed. Both major parties nominated for President candidates who were decidedly unsatisfactory both from the standpoint of favor- ableness to the new principle of the Constitution and from the standpoint of general capacity and statesmanship. Mr. Harding, the successful candidate, when in the Senate had voted for the submission of the Eighteenth Amendment and the 402 PROHIBITION IN THE UNITED STATES passage of the Volstead Law over President Wilson’s veto but on nearly every other dry measure he had voted with the wets. An investigation of his votes as recorded in the Congressional Record made by an organization in Washington, D. C., whose chief function is to report the records of members of Congress, showed that out of thirty-two roll calls on wet and dry measures during his term in the Senate, he had voted with the wets thirty of the thirty-two times. Some of the roll calls were on unimportant mat- ters, but a score of them were important and revealed his anti- prohibition attitude.* When the proposed Eighteenth Amendment was pending in the Senate, on August 1, 1917, he made a speech in which he said: “I am not a prohibitionist, Mr. President, and never pre- tended to be. . . . I do not approach this question from a moral viewpoint, because I am unable to see it as a great moral ques- tion.” ° He offered an amendment to the proposed amendment, which provided that it should be inoperative unless ratified within six years from the date of submission. This was later changed to seven years. He went on to say that he would not vote for sub- mission unless this limitation should be adopted and if this were added he would then vote for submission in the endeavor to “get the question out of politics.” This proposed six-year limitation which he sponsored and insisted upon was the scheme devised by the liquor interests for the purpose of heading off prohibition. He announced in the Senate that if the prohibition amend- ment should be adopted he would be willing to join in a movement for compensation to the liquor interests. He also admitted hav- ing owned some stock in a local brewery in his home city, hav- ing made no moral distinction between owning stock in a brewery and owning stock in legitimate business enterprises. During the campaign of 1920 the Prohibitionists pointed out that there were three strategic offices relating to the enforcement of the Eighteenth Amendment which, if the incoming President should fill by the appointment of wet officials, any one of those officials could prevent effective enforcement. These offices were those of the Secretary of the Treasury, the Attorney-General and the Commissioner of Internal Revenue. All of these offices were filled by men generally regarded as wet. The Secretary of the Treasury, the head of the department of which the Prohibition Unit was a mere fraction, had been 4 The Oficial Truth About Harding, by Lynn Haines and H. R. Mussey, p. 10. 5 Congressional Record, Aug. 1, 1917, p. 5648. PROHIBITION PARTY AND ANTI-SALOON LEAGUE 403 heavily interested financially in the making of whisky. In March, 1924, a United States Senator from his home city, Senator Reed of Pittsburgh, who had been his personal attorney, stated on the floor of the Senate: For many years past ... there has been a partnership known as A. Overholt and Co., which was in the business of distilling whisky in western Pennsylvania. For a great many years—I do not know how many, but I think forty years—Mr. A. W. Mellon was one of the partners in that partnership. . . . Before he took the oath of office he transferred his whole interest in that enterprise to the Union Trust Co. of Pittsburgh as trustees to close up the business absolutely. ... He will when the business is finally liquidated be entitled to his proportion of the net proceeds.* In 1925 the newspapers reported that the Overholt distillery had been sold, that the amount of whisky involved was about 1,800,000 gallons and that Mr. Mellon had held a one-third interest." In other words the whisky distillery interest of the man at the head of the department responsible for the enforcement of the Eighteenth Amendment was amazingly large. Furthermore, so far as known to the temperance and prohibi- tion leaders or to the genenal public, there was no indication either through personal expression or administrative policy that his at- titude toward prohibition was different from that which naturally would be inferred regarding one so long heavily interested in the making of whisky. And yet the people wondered why the great moral principle of the Constitution was not better enforced. Even if the Secretary of the Treasury never lifted a finger to encourage the wet side, the law violators, big and little, thought they had a friend at the most strategic center of power and that the government did not really mean to enforce prohibition. An administration which would appoint and maintain such a man in such a position, in the face of an unprecedented attempt to nullify the Constitution and create disrespect for its newly adopted moral principle, should have been sunk in political oblivion by a moral uprising of the American people. In addition, the Attorney-General, although professing to be dry according to certain standards, was generally regarded as a representative of the old type of questionable politics. The day after President Coolidge asked for his resignation, for reasons extraneous to prohibition, the New York Herald Tribune, the 6 See Congressional Record, March 31, 1924, pp. 5244 and 5245. 7 New York Times, May 26, 10925. 404 PROHIBITION IN THE UNITED STATES leading Republican paper of the East, on March 29, 1924, re- ferred to him as “far better versed in the technique of saloon politics than in the case books.” The Commissioner of Internal Revenue evidenced no convic- tion in favor of the law and conducted his office so unsatisfac- torily that he was repeatedly the object of vigorous criticism by the friends of law enforcement. Thus every one of the three key officials was glaringly unfit to administer the prohibitory laws. ‘The attitude of these men at the top lowered the morale of enforcement officers from top to bottom all over the country. It encouraged the violation of the Constitution, by making the violators think that no serious effort would be made to enforce the law. It helped the propaganda of the wets by holding out the hope of nullification. It fostered their cry that prohibition was a failure. It augmented disrespect for law and engendered distrust of national prohibition in the minds of the undiscriminating. Furthermore, the federal prohibition enforcement officers were appointed through the usual party channels for the distribu- tion of party patronage. The party policy was not dry and many of the patronage distributing politicians were decidedly wet. Many had been long in political alliance with the liquor interests, many had secured their offices by seeking the support of those who wanted the prohibition law violated. The consequence was that many officers who were appointed to enforce the prohibition law were decidedly wet and antagonistic to the very law they were paid to enforce. In seventeen states visited by the writer, the chief federal prohibition officer appointed in each of those states was reputed to be wet. Could the depths of governmental degradation be more abysmal? Such was the outcome of omni-partisanism. The record of en- forcement by a government controlled by the old type of liquor- subservient politics was one of duplicity and maladministra- tion. This kind of enforcement threatened to bring the noble cause of prohibition into disrepute and even engendered doubt as to the capacity of the nation to achieve a great moral advance. The consequences of the omni-partisan plan which sought to implant a great moral principle in the Constitution and at the same time leave that principle to be administered by the unre- generate old parties have demonstrated the colossal inadequacy of that plan. By contrast they have emblazoned the overwhelm- ing need of the Prohibitionists’ plan of a party committed to prohibition to administer it from the standpoint of party principle. PROHIBITION PARTY AND ANTI-SALOON LEAGUE 405 SELECT REFERENCES Among the scores of articles dealing with the omni-partisan method appearing in the Prohibition papers the following were among the best: Method and Principle, editorial in New Voice, October 17, 1901. The Reform’s Wider Purposes. Editorial in National Prohibj- tionist, July 16, 1908. CALDERWOOD, W. G.—Not Good Men but Good Party, National Prohibitionist, July 16, 1908. PaTTon, Rosert H.—Reply to Anti-Saloon League attack upon the Prohibition Party. National Prohibitionist, Septem- ber 24, 1908. FErcuson, Wittiam P. F.—When the Tide Comes in. Ad- dress, National Prohibitionist, July 28, IQIO, Newett, J. P.—The Party Victorious, American ‘Advance, June 10, Iort. Fercuson, Witiiam P, F.—Bring Up the Regiment, Vindica- tor, October 21, 1913. SHIELDS, Joon A.—The “Good Man” Theory, Vindicator, November 20, 1914. HENDRICKson, FINLEY C.—The Logic of Partisanism, Vindica- tor, February 5, 1915. SHIELDS, Joun A.—A Discussion of Methods, American Pro- hibition Year Book, rors, p. 118. The leading books which give the distinctively Anti-Saloon League viewpoint are: CHERRINGTON, E. H.—The Anti-Saloon League Year Book, annually, 1908 to date. CHERRINGTON, E. H.—The History of the Anti-Saloon Weague, POLS spi GI: CHERRINGTON, E, H.—The Evolution of Prohibition in. the United States of America, 1920, 384 pp. Barker, JoHN M.—The Saloon Problem and Social Reform, 1905, 212 pp. Proceedings of the National Conventions of the Anti-Saloon League have been issued after the national conventions Which in later years have been held biennially, ANDERSON, Witt1AM H.—The Church in Action Against the Saloon. An Authoritative Statement of the Movement, 1906, rev. ed. 1910, booklet, 64 pp. The leading organ of the A. S. L. is the American Issue. Chapter XXII EVENTS OF 1913 TO 1916 One of the most ambitious programs undertaken by the Pro- hibition party for a number of years was adopted at a national conference held at Indianapolis in January, 1913. This program, known as the Indianapolis Program, provided for five specific lines of work: 1. To raise one million dollars for party work before the close of the campaign of I916. 2. To organize Prohibition clubs everywhere. 3. To tremendously increase the circulation of Prohibition periodicals. 4. To concentrate in not to exceed ten Congressional districts for the purpose of electing Prohibitionists to Congress in the fall of 1914. 5. To enroll five million voters for the support of the Prohi- bition party. By June, 1914, the National Committee under the leadership of Virgil G. Hinshaw completed the raising of the first unit of a quarter of a million dollars, by far the largest amount ever raised in a similar period, and the various state committees had raised about an equal sum. Concentration campaigns were conducted in 1914 in Arizona where Eugene W. Chafin as candidate for United States Senator made a vigorous campaign, finishing second in the race; in the Second Congressional district of Oregon where George L. Cleaver ran a close second, polling more than one-third of the votes with three candidates in the field; in the Twenty-eighth Congressional district of Pennsylvania where William P. F. Ferguson made a splendid campaign in a difficult district, polling about 5,000 votes, a little less than 8,000 votes being necessary to elect; and in the Ninth district of California where Charles HH. Randall was elected to Congress. The aggressive work of the Party in Oregon deserves spe- cial mention. For a number of years there had been a splendid group of active men in that state led by I. H. Amos, B. Lee Paget, F. McKercher and others who had dedicated themselves to the advancement of the cause by every means in their power. 406 EVENTS OF 1913 TO 1916 407 It had been chiefly due to the activities of the Prohibition party leaders that under the initiative and referendum a county option law had been secured in 1904 under which two-thirds of the counties had voted out the saloons. There as elsewhere, how- ever, attempts at a local solution proved inadequate. Because of wet officers administering dry laws some of the voters became alienated and in 1910 a home rule amendment was adopted which permitted saloons to return to the cities of Oregon. Following this the Party leaders determined to make still greater efforts to build a party to both secure and administer the law. In 1912, there was conducted an “Out to Win” campaign under the leadership of State Chairman J. P. Newell, a man of remark- ably clear vision, and State Secretary E. E. Taylor, who had received his training in the Intercollegiate Prohibition Associa- tion and in organizing activities in several states. B. Lee Paget, candidate for United States Senator, spoke more than two hun- dred and fifty times over the state. | An extensive literature campaign was carried on. During the last six months of the campaign about one thousand volunteer workers distributed over half a million pieces of literature. The Party organization was greatly strengthened, twenty of the thirty-four counties having been organized. In six counties where special efforts were made to elect men to the Legislature more than 25 per cent of the total vote was polled, and W. P. Elmore lacked only fourteen votes of being elected. Several county and local officers were elected. The “Out to Win” campaign was kept up and in 1914 the number of registered Prohibitionists in the state was eight times what it had been in 1912. In the concentration campaign for Congressman in the Second district George L. Cleaver received 33 per cent of the total vote and in the First district, where Curtis P. Coe was the candidate, the percentage was doubled over 1912. W. P. Elmore, a member of the State Committee, was elected to the Legislature and six other legislative candidates and two candidates for sheriff came very close to election. B. Lee Paget as candidate for State Treasurer polled 70,000 votes. Furthermore, the party Prohibitionists with the coopera- tion of the W. C. T. U. inaugurated the movement which led to the adoption of state constitutional prohibition under the initiative and referendum that year. The long continued education of the Prohibition party was a very large factor in securing the majority for state prohibition. 408 PROHIBITION IN THE UNITED STATES An unfortunate sequel to the adoption of the constitutional amendment was, that when it came to the enactment of enforcing legislation to carry the constitutional provision into effect, those who dominated the drafting of the legislation were anti-saloon- ists rather than prohibitionists. As in several other so-called prohibition states of that period, including Washington and sev- eral of the southern states, the enforcing legislation, although aiming to eliminate the saloon, permitted the importation of con- siderable quantities for personal use. The Oregon enforcement law permitted the importation of two quarts of spirituous or vinous liquors or twenty-four quarts of malt liquors every four weeks. Notwithstanding the amendment had been initiated by the Prohibition State Committee and the W. C. T. U., with the Anti-Saloon League coming in at the eleventh hour under pro- test, the enforcing legislation provided merely an anti-saloon law. The importation became so extensive that in Portland and other cities special express offices were opened to handle the liquor trade. Conditions were becoming intolerable and the brewery interests initiated a measure to permit the manufacture of beer within the state to be voted upon in a referendum at the 1916 election. Inasmuch as so much liquor was allowed to be shipped in, the brewers were making menacing progress in their campaign. It was becoming a matter of great concern to the temperance people and consideration was given to the matter of initiating a counter-measure to forbid importation. All tem- perance organizations had this matter under advisement, but both the Anti-Saloon League and the W. C. T. U. decided not to undertake it. The Prohibition Party State Committee stepped into the breach and initiated a measure for complete prohibition which would prohibit the importation and carried for some time the entire burden of expense of getting signatures to the initia- tive petition and carrying on the campaign. Meanwhile it sought to organize a Union Dry Committee and invited, even after its refusal to cooperate, the Anti-Saloon League to unite. The W. C. T. U. decided to unite but the Anti- ‘Saloon League held to its refusal. The latter prosecuted its campaign against the brewers’ proposal but for the most part ignored the anti- -impor- tation measure. When this measure succeeded at the election it characteristically took the credit.* The adoption of this law under the referendum in Oregon in 1916 was an outstanding event in 1 See Patriot Phalanx, March 23, 1917. Article by Mrs, Unruh, former presi- dent of the Oregon WCE Ue EVENTS OF 1913 TO 1916 409 the progress of prohibition. This law was called a “bone-dry”’ law because it prohibited the shipping of liquor into the state for personal use. The term “bone-dry” was first used in this cam- paign in Oregon in 1916, In 1914 in several other sections of the country special efforts were made. In New York former Governor Sulzer was the Prohibition nominee and polled 126,270 votes, he having re- ceived also the nomination of the American party which was responsible for perhaps a little over half of the vote. One bright spot in a dark state was Gloucester county, New Jersey, where, due to the splendid work of William F. Varney, a strong party organization was built up and nine local officers were elected. In Minnesota seven Prohibitionists were elected to the Legisla- ture. In Ohio a splendid campaign for Congress was made by Valentine A. Schreiber who had been elected Prohibition mayor of East Liverpool. Altogether the Prohibition vote for Governors and Congress- men in the various states in 1914 was nearly half a million, the largest vote the Party had ever polled. The total was made up chiefly from a few sections where specially aggressive cam- paigns were conducted but these campaigns demonstrated the possibilities of success. They likewise demonstrated to the old parties that there was danger of a large loss of votes unless they took some action to conciliate the dry voters. The most notable result of the 1914 campaign was the election to Congress of Charles H. Randall of the Ninth Congressional district of California, including part of Los Angeles and ad- jacent territory. One of the most interesting features of the Randall campaign was the work of a group of consecrated college students who made a house to house canvass of the voters of the district. Mr. Earl H. Haydock, of the University of Southern California, who the following December won the national oratorical contest of the Intercollegiate Prohibition Association held at Topeka, Kansas, went among the colleges of southern California and enlisted a group of about forty students who spent most of the summer vacation in prohibition campaign work. Every morning the campaigners would assemble at a designated center, hold an informal conference and study class, and compare their ex- periences and difficulties of the preceding day. Then after a season of prayer they would go in a body to some suburban town or a certain section of Los Angeles to carry on their canvass. They would knock at every door and ask the voters to support 410 PROHIBITION IN THE UNITED STATES the proposed state prohibition constitutional amendment which was to be voted on in November in order to make California “dry,’ and to support Charles H. Randall, Prohibition party candidate for Congress, in order to help make the United States “dry,” and furthermore to support no political party not com- mitted to the national destruction of the liquor traffic. The response to the national proposition was substantially equal to the response to the state proposition. They interviewed 27,000 voters and nearly 20,000 were enrolled. Mr. Randall received about 27,500 votes. Their success was due largely to the splendid consecration and leadership of Mr. Haydock. In addition to the work of the college volunteers an extensive literature campaign was carried on and, during the latter part of the campaign, W. G. Calderwood, of Minnesota, the chairman of the Concentration Committee of the National Committee and one of the most able and experienced political managers in the history of the party, went to California and superintended the campaign. Mr. Randall’s subsequent incomparable service during his three terms in Congress abundantly justified the efforts put forth to elect him. In 1915 a concentration campaign was carried on in Massa- chusetts in behalf of William Shaw, the Prohibition candidate for Governor. Mr. Shaw had been for many years the General Secretary of the World Christian Endeavor movement. He was very popular among the better class of people. He made a tour of the state and the newspapers gave a large amount of attention to his campaign. The vote was multiplied about five times and the national prohibition issue received more recognition than ever before. A week or so before election the prospect of his polling a very large vote so frightened the Republican or- ganization that at the last moment it brought tremendous pres- sure upon the church people lest the Republican party be de- feated. Besides, the liquor interests, fearing that the defeat of the Republican party on the prohibition issue would force that party to take a stand against the liquor traffic in the next cam- paign, threw their support to the Republican candidate. With the combination of the partisan Republican church voters and the liquor vote the Republicans won by a small margin. One of the items of the Indianapolis Program of 1913 had for its object the enrollment of five million voters who would sign an agreement to make the prohibition issue the supreme issue in their political action. There were several forms of enrollment pledge circulated but the one most generally used was known as the EVENTS OF 1913 TO 1916 411 Shaw pledge, having originated with William Shaw. It read: God being my Helper, henceforth no political party can have my support or vote that does not declare for the national destruc- tion of the liquor traffic. There were several individual workers who secured more than one thousand enrollments each and some of the speakers secured them in large numbers. Excellent progress was made in certain sections but there was not the organization or force to promote it uniformly enough over the country to make it succeed. In 1913, the Anti-Saloon League, after having devoted the greater share of its efforts to obtaining local option, came out for national constitutional prohibition. It held its national conven- tion at Columbus, Ohio, in November, 1913. That was a great turning-point in that organization’s history. An able group of speakers including several outstanding Prohibition party leaders participated in the program and plans for achieving national con- stitutional prohibition were adopted. Just following that convention there was held a notable con- ference at which representatives of practically every temperance, prohibition and anti-liquor organization in the country were present. More than ninety organizations, large and small, gen- eral and local, were represented. These now agreed upon a common objective, one advocated for forty-four years by the Prohibition party, the national prohibition of the liquor traffic. Out of that conference was formed the National Temperance Council for the cooperation of all temperance groups along edu- cational lines. It has continued to meet annually ever since. It is composed of about two hundred and fifty of the most promi- nent temperance leaders of the nation. At the Columbus meeting a number of the leaders of the dif- ferent groups were gathered together and were discussing the prohibition situation, These leaders felt the need of a more commanding campaign of education and agitation, especially to reach the cities of the country. The outcome was that the Flying Squadron of America was organized. Former Governor Hanly of Indiana was chosen as leader and under his leadership there was assembled a group of some of the ablest speakers of the period. The name, Flying Squadron, was a naval term suggested by Captain Hobson, the hero of the Merrimac in the Spanish-American War, then, in 1913, the outstanding dry leader in Congress. Beginning in September, 1914, the Flying Squadron made an: 412 PROHIBITION IN THE UNITED STATES unprecedented campaign, visiting every state, every capital city, nearly every large city and educational center in the country. A series of three-day meetings, with sessions both afternoon and evening was held in two hundred and fifty-five cities in about eight months. These meetings received the hearty cooperation of the Prohibitionists all over the country and were very suc- cessful. The speakers were: Governor J. Frank Hanly, Oliver W. Stewart, Daniel A. Poling, Ira Landrith, Charles M. Shel- don, Wilbur F. Sheridan, Eugene W. Chafin, Clinton N. How- ard, Charles Scanlon, Clarence True Wilson, John B. Lewis, Dr. Carolyn E. Geisel, Dr. Ella A. Boole, Mrs. Culla J. Vay- hinger and Mrs. Ella Seass Stewart.’ The campaign caught the imagination of the country. Large audiences attended the meetings and that campaign of the Flying Squadron was a tremendous factor in crystallizing the sentiment for national constitutional prohibition. The Flying Squadron had as an enlistment pledge: We stand for the abolition of the liquor traffic. On this issue we fight. Whenever a politician or an executive officer or a polit- ical party prefers the liquor traffic above public morals, such a man must be set aside and such parties abandoned. Another influential organization, which was initiated largely by the Prohibitionists, was the Committee of Sixty on National Prohibition which was organized early in 1916. Its object was to bring to the support of the prohibition move- ment additional outstanding leaders of the nation. It grew out of a conference which National Chairman Hinshaw had with Mr. James J. Hill, the noted railroad builder of the Northwest, in 1915 and Mr. Hill’s suggestion that such a com- mittee be formed. After further preliminary conferences Pro- fessor Irving Fisher, Professor of Political Economy in Yale University, led in organizing the Committee, enrolling in its mem- bership a very influential group of the intellectual leaders of the nation. It was committed to the five million voters pledge movement. Its especial objective was to secure unequivocal declarations in favor of national prohibition by political parties and candidates. Its pledge as perfected was: In the interest of national security, prosperity, public health and morals we favor the prohibition of the liquor traffic and to this end we urge the adoption of prohibition planks in the platforms of all political parties and candidates. 2 See Speeches of the Flying Squadron. EVENTS OF 1913 TO 1916 413 Representatives of the Committee of Sixty appeared before the Platform Committees of the Republican, Democratic and Pro- gressive national conventions in 1916 but did not meet with much encouragement. The officers were: Honorary President, Dr. David Starr Jordan, Chancellor of Leland Stanford Jr. University. President, Dr. Daniel A. Poling, Associate President United Society of Christian Endeavor. Vice-Presidents: Luther Burbank, the famous plant wizard of California; Dr. Samuel Dickie, President of Albion College ; Hon, Richmond P. Hobson, former Congressman; Dr. J. N. Hurty, Secretary of the Indiana State Board of Health: Mr. John B. Lennon, Treasurer of the American Federation of Labor; Dr. William F, Slocum, President of Colorado College; and Dr. Harvey W. Wiley, former Chief of the U. S. Bureau of Chemistry. Secretary, Dr. D. Leigh Colvin, National President of the Intercollegiate Prohibition Association. Treasurer, Dr. J. H. Kellogg, Superintendent of the Battle Creek Sanitarium. Subsequently Professor Irving Fisher became President. A subcommittee, composed of Professor Fisher, former Gov- ernor Eugene N. Foss of Massachusetts, and Mr. Ernest Gordon, obtained one thousand signatures to a Memorial for National Prohibition which was presented to Congress on April 5, 1917, the day before the United States entered the World War. Those who signed the Memorial included many of the captains of industry and business executives as well as leading scientists, economists, social workers, university presidents and professors, and leaders in every walk of life. The combined strength of influence of those who signed the Memorial gave a large impetus to the movement for national prohibition. The Committee of Sixty also had a large part in the movement for war prohibition. THE NATIONAL CONVENTION OF 1916 The National Convention of 1916 was held at St. Paul, July Ig to 21. Daniel A. Poling was Temporary Chairman, Howard I’, Kershner, of Kansas, Secretary, and W. F. Varney, of New Jersey, and Miss Minnette Murphy, of Iowa, assistant secretaries. 414 PROHIBITION IN THE UNITED STATES Dr. Poling delivered a campaign keynote speech having as a slogan “Save America and Serve the World.” Robert H. Pat- ton was Permanent Chairman. The striking feature of the convention was that Prohibition had become so popular there were three former Governors of three prominent states, each of whom was a receptive candidate for the presidential nomination—Hanly of Indiana, Sulzer of New York and Foss of Massachusetts. Former Governor Hanly of Indiana was nominated on the first ballot. THE NOMINEES For President. J. Frank Hanly was born in a log cabin in Illinois in 1863. Without any advantages, by hard work, de- termined will and sheer force of character he advanced until he had become Governor of his state at the age of forty-one. At thirteen years of age he started out to make his way in the world as a hired hand on a farm. Barefoot, he trudged into the state of which he was to be the Chief Executive. He taught school in the winter for seven years. He studied law and was admitted to the bar in 1889. In 1890 he was elected to the State Senate and in 1894 to Congress. In 1898 he was narrowly de- feated in the Republican legislative caucus for United States Senator by a coalition of all the opposition after a memorable contest. In 1904 he was elected Governor by a plurality that was without precedent in Indiana. In his inaugural address he antagonized the liquor traffic. He served as Governor for four years and it was said that in that period there were instituted more vital reforms and laws for the promotion of honesty and efficiency in government than in any other two administrations in Indiana combined. He drove the grafter from the State Capitol thereby incurring the enmity of a certain group of politicians. As a result of his experience in the Governor’s chair he came to have an increasing and deepening realization of the indescribable tragedies of the liquor traffic and of the effects of that traffic upon the interests of the state. Under the constitution of the state he could not succeed himself but at the Republican state convention of 1908, in the last year of his term, through his personal power he influenced the con- vention to adopt a county option plank in spite of the bitter an- tagonism of many of the members of his party. Taking no chances of the politicians going back upon their EVENTS OF 1913 TO 1916 415 platform pledges, Governor Hanly proceeded to catry the plank into effect before election by calling a special session of the Legislature and putting through the desired law. At the suc- ceeding election the liquor interests threw their balance of power to the Democrats and defeated the Republicans, whereupon the Republican politicians became even more bitter against Governor Hanly. Fe was three times Chairman of the Committee on Temperance of the General Conference of the Methodist Episcopal Church and had a large part in preparing the utterances of that great church upon prohibition. Through a number of years he was recognized as one of the ablest men on the lecture platform in the country and headed the nation-wide speaking campaign of the Flying Squadron. He also edited the National Enquirer, founded in 1915. He hesitated to leave the Republican party which had honored him so highly but when he became convinced there was no hope of that party taking a position against the liquor traffic he courageously severed his connection with it, writ- ing two editorials which were widely circulated, one entitled “Severed,” and the other, “Obedient to the Vision.” No portrayal of Governor Hanly would be adequate which does not include a famous passage from one of his addresses entitled, “I Hate It.’ piNEvAnmM Ts} I bear no malice towards those engaged in the liquor business, but I hate the traffic. I hate its every phase. I hate it for its intolerance. I hate it for its arrogance. I hate it for its hypocrisy; for its cant and craft and false pre- tense; I hate it for its commercialism; for its greed and avarice; for its sordid love of gain at any price. I hate it for its domination of politics; for its corrupting influ- ence in civic affairs; for its incessant effort to debauch the suf- frage of the country, for the cowards it makes of public men. I hate it for its utter disregard of law; for its ruthless trampling of the solemn compacts of State constitutions. I hate it for the load it straps to labor’s back: for the palsied hands it gives to toil; for its wounds to genius; for the tragediés of its might-have-beens. I hate it for the human wrecks it has caused. I hate it for the almshouses it peoples; for the prisons it fills; 416 PROHIBITION IN THE UNITED STATES for the insanity it begets; for its countless graves in potters’ fields. I hate it for the mental ruin it imposes upon its victims; for its spiritual blight; for its moral degradation. I hate it for the crimes it commits; for the homes it destroys; for the hearts it breaks. I hate it for the malice it plants in the hearts of men; for its poison; for its bitterness; for the dead sea fruit with which it starves their souls. I hate it for the grief it causes womanhood—the scalding tears, the hopes deferred, the strangled aspirations, its burden of want and care. I hate it for its heartless cruelty to the aged, the infirm and the helpless; for the shadow it throws upon the lives of children; for its monstrous injustice to blameless little ones. I hate it as virtue hates vice, as truth hates error, as righteousness hates sin, as justice hates wrong, as liberty hates tyranny, as freedom hates oppression. I hate it as Abraham Lincoln hated slavery, and as he sometimes saw in prophetic vision the end of slavery, and the coming of the time when the sun should shine and the rain should fall upon no slave in all the Republic, so I sometimes seem to see the end of this unholy traffic, the coming of the time when, if it does not wholly cease to be, it shall find no safe habitation anywhere beneath Old Glory’s stainless stars. For Vice-President. The 1916 convention, having chosen one who had recently been a Northern Republican for President, chose one who had been recently a Southern Democrat for Vice-Presi- dent. Ira Landrith was Texan born, of a stature to comport with the dimensions of that state. He had been Chairman of the Tennessee State Committee of the Young Men’s Christian As- sociation for twenty-one years and had served as President of the preceding International Convention of that great organization. He had served as Moderator of the General Assembly of his church and had been for years the editor of the leading paper of the Cumberland Presbyterian Church. He was one of the leaders in Tennessee in the fight which outlawed the liquor traffic in that state. He was one of the prominent members of the Flying Squadron and he had served for some years as Presi- dent of Ward Belmont College at Nashville. The platform of 1916, in decided contrast to the two pre- ceding ones, was the longest in the history of the party. There were twenty planks and only about one-twentieth of the platform was devoted to prohibition. EVENTS OF 1913 TO 1916 417 THE PLATFORM OF I916 The Prohibition party, assembled in its Twelfth National Con- vention in the city of St. Paul, Minnesota, on this twenty-first day of July, 1916, thankful to Almighty God for the blessings of liberty, grateful for our institutions and the multiplying signs of early vic- tory for the cause for which the Party stands, in order that the people may know the source of its faith and the basis of its action, should it be clothed with governmental power, challenges the at- tention of the Nation and asks the votes of the people on this Dec- laration of Principles. Prohibition We denounce the traffic in intoxicating liquors. We believe in its abolition. It should be made a crime—not a business—and ought not to have governmental sanction. We demand—and, if given power, we will effectuate the de- mand—that the manufacture, importation, exportation, transporta- tion and sale of alcoholic liquors for beverage purposes shall be prohibited. To the accomplishment of this end, we pledge the exercise of all governmental power—the enactment of statutes and the amend- ment of the constitutions, State and National. Only by a political party committed to this purpose can such policy be made effective. We call upon all voters, believing in the destruction of the drink trafic, to place the Prohibition party in power on this issue as a necessary step in the solution of the liquor problem. Suffrage The right of citizens of the United States to vote should not be denied or abridged by the United States or by any State on ac- count of sex. We declare in favor of the enfranchisement of women by amendments to State and Federal Constitutions. We condemn the Republican and Democratic parties for their failure to submit, to the States, an equal suffrage amendment to the National Constitution. We remind the four million women voters that, in 1872, we de- clared for their political rights, the first so to do, and we invite their cooperation in electing the Prohibition party to power. Peace and Preparedness We are committed to the policy of peace and friendliness to all nations. We are opposed unalterably to the wasteful military pro- 418 PROHIBITION IN THE UNITED STATES gram of the Democratic and Republican parties. Militarism pro- tects no worthy institution. It endangers them all and violates the high principles which have brought us as a Nation to the present hour. We are for a constructive program in preparedness for peace. We declare for, and will promote, a World Court, to which national differences shall be submitted, so maintained as to give its decrees binding force. We will support a compact among nations to dismantle navies and disband armies; but, until such World Court and compact are es- tablished, we pledge ourselves to maintain an effective army and navy and to provide coast defenses entirely adequate for national protection. We are opposed to universal military service and to participation in the rivalry which has brought Europe to the shambles and now imperils the civilization of the race. Private profit, so far as constitutionally possible, should be taken out of the manufacture of war munitions and all war equipment. In normal times, we favor the employment of the army in vast reclamation plans; in reforesting hills and mountains; in building state and national highways; in the construction of an inland water- way from Florida to Maine; in opening Alaska and in unnumbered other projects, which will make our soldiers constructive builders of peace. or such service there should be paid an adequate in- dustrial wage. Those units of our navy which are capable of being converted into merchantmen and passenger vessels should be constructed with that purpose in view, and chiefly so utilized in times of peace. We condemn the political parties, which for more than thirty years have allowed munition and war equipment manufacturers to plunder the people and to jeopardize the highest interests of the Nation by furnishing honeycombed armor plate and second-rate battleships, which the Navy League now declares are wholly in- adequate. We will not allow the country to forget that the first step toward physical, economic, moral and political preparedness is the enact- ment of National Prohibition. Mexico and the Monroe Doctrine Mexico needs not a conqueror, but a good Samaritan. We are opposed to the violation of the sovereignty of the Mexican people, and we will countenance no war of aggression against them. We pledge the help of this country in the suppression of lawless bands of marauders and murderers, who have taken the lives of American citizens, on both sides of the border, as well as of Mexicans in their own country. The lives and property of our citizens, when about their lawful a a EVENTS OF 1913 TO 1916 419 pursuits, either in the United States or in Mexico, must and will be protected. In the event of a breakdown of government across the border, we would use, in the interests of civilization, the force nec- essary for the establishment of law and order. In this connection we affirm our faith in the Monroe Doctrine, proclaimed in the early days of the Nation’s life and unswervingly maintained for nearly a hundred years. We cannot claim the benefits of the Doctrine and refuse to as- sume or discharge the responsibilities and the duties which inhere therein and flow therefrom. These duties have long been unmet in Mexico. We should meet them now, acting, not for territory, not for conquest, or for our- selves alone, but for and with all the nations of North and South America. The Democratic party has blundered and four years ago the Re- publican evaded, and passed on, the problem that it now seeks the opportunity to solve. The Philippines The abandonment of the Philippines at this time would be an in- justice to them and a violation of our plain duty. As soon as they are prepared for self-government, by education and training, they should be granted their independence on terms just to themselves and us. Tariff and Reciprocity The countries at war are preparing for a fierce industrial strug- gle to follow the cessation of hostilities. As a matter of com- mercial economy, international friendliness, business efficiency, and as a help to peace, we demand that reciprocal trade treaties be negotiated with all nations with which we have trade relations. A Commission of specialists, free from the control of any party, should be appointed, with power to gather full information on all phases of the questions of tariff and reciprocity, and to recommend such legislation as it deems necessary for the welfare of American business and labor. Merchant Marine The necessity of legislation to enable American shipbuilders or owners to meet foreign competition, on the most favorable terms, is obvious. Materials for construction should be admitted free of duty. The purchase of ships abroad, when low prices invite, should be 420 PROHIBITION IN THE UNITED STATES allowed and, when so purchased, should be admitted to American registry. Harbor rules and charges and navigation laws should not be onerous, but favorable to the highest degree. Liberal payment should be made by the Government for carry- ing mails and for transport services. All shipping from the United States to any of our possessions should be reserved to ships of American registry. The people should not overlook the fact that the effect of nation- wide Prohibition, on labor and industry, generally, will be such as to lower the cost of shipbuilding per unit and, at the same time, permit the payment of higher wages. The increased volume of trade and commerce, which will result when the wastage of the liquor traffic is stopped, will quicken our shipping on every sea and send our flag on peaceful missions into every port. This is urged as an incidental effect of wise action on the liquor question, but is none the less to be desired’ and will aid in the solution of the problem of our merchant marine. Civil Service In order that the public service may be of the highest standard, the Government should be a model employer in all respects. To enforce the civil service law, in spirit as well as in letter, all pro- motions should be non-political, based only upon proven fitness; all recommendations for demotions or removals from the service should be subjected to the review of a non-partisan board or commission. The merit system should be extended to cover all postmasters, collectors of revenue, marshals and other such public officials whose duties are purely administrative. We reaffirm our allegiance to the principle of secure tenure of office, during good behavior and capable effort, as the means of obtaining expert service. We declare for the enactment of an equitable retirement law for disabled and superannuated employees, in return for faithful service rendered, in order to maintain a high degree of efficiency in public office. Labor and Capital Differences between capital and labor should be settled through arbitration, by which the rights of the public are conserved, as well as those of the disputants. We declare for the prohibition of child labor in factories, mines and workshops; an eight-hour max- imum day, with one day of rest in seven; more rigid sanitary re- quirements and such working conditions as shall foster the physical and moral well-being of the unborn; the protection of all who toil by the extension of Employer’s Liability Acts; the adoption of EVENTS OF 19138 TO 1916 421 safety appliances for the protection of labor; and for laws that will promote the just division of the wealth which labor and capital jointly produce. Provision should be made for those who suffer from industrial accidents and occupational diseases. Social Justice We stand for justice to humanity and for its rights, safety and development; we believe in the equality of all before the law; in old age pensions and insurance against unemployment and in help for needy mothers, all of which could be provided from what is now wasted for drink. Agriculture While it is admitted that grain and cotton are fundamental fac- tors in our national life, it cannot be denied that proper assistance and protection are not given these commodities at terminal markets, in the course of interstate commerce. We favor and pledge our efforts to obtain public grain elevators at necessary terminal markets, such elevators to be owned and operated by the Federal Government; also to secure Federal grain inspection under a system of civil service and to abolish any Board of Trade, Chamber of Commerce, or other place of gambling in grain or trading in “options” or “futures” or “short selling,’ or any other form of so-called speculation, wherein products are not received or delivered, but wherein so-called contracts are settled by the payment of “margins” or “differences” through clearing houses or otherwise. This party stands committed to free and open markets, based upon legitimate supply and demand, absolutely free from question- able practices of market manipulation. We favor Government warehouses for cotton at proper terminals where the interests of producers so require; and the absolute divorce of all railroad ele- vators or warehouses owned by railroad companies, whether for public or private use, from operation or control by private in- dividuals in competition with the public in merchandising grain, cotton and other farm products. We {furthermore endorse all proper cooperative methods which tend toward broader and better markets for producer and con- sumer. Public Ownership Public utilities and other resources, which are natural monopolies, now are exploited for personal gain under a monopolistic system. 422 PROHIBITION IN THE UNITED STATES We demand the ownership or control of such utilities by the people and their operation and administration in the interests of all. Free Institutions We stand for the preservation and development of our free in- stitutions and for absolute separation of church and state, with the guaranty of full religious and civil liberty. Departmental Decisions Departmental decisions ought not to be final, but the rights of the people should be protected by provision for court review. Conservation We reaffirm our declaration’ in favor of conservation of forests, water power and other natural resources. E fficiency We pledge a business-like administration of the nation’s affairs: the abolition of useless offices, bureaus and commissions; economy in the expenditure of public funds; efficiency in governmental serv- ice; and the adoption of the budget system. The President should have power to veto any single item or items of an appropriation bill. We condemn, and agree when in power to remedy, that which is known as “pork-barrel” legislation, by which millions of dollars have been appropriated for rivers where there is no commerce, har- bors where there are no ships and public buildings where there is no need. Marriage and Divorce We favor uniform marriage and divorce laws, the extermination of polygamy and the complete suppression of the traffic in girls and women. Single Presidential Term We are in favor of a single presidential term of six years. Rule of the People We favor the initiative, referendum and recall. EVENTS OF 1913 TO 1916 423 Americanism We stand for Americanism. We believe this country was created for a great mission among the nations of the earth. We rejoice in the fact that it has offered asylum to the oppressed of other lands and to those, more fortunately situated, who yet wished to im- prove their condition. It is the land of all peoples and belongs not to any one—it is the heritage of all. It should come first in the affection of every citizen, and he who loves another land more than this is not fit for citizenship here; but he is a better citizen, who, loving his country, has reverence for the land of his fathers, and gains from its history and traditions that which inspires him to nobler service to the one in which he lives, The Federal Government should interest itself in helping the newcomer into that vocation and locality where he shall most quickly become an American. Those fitted by experience and training for agricultural pursuits should be encouraged to develop the millions of acres of rich and idle land. Conclusion This is the day of opportunity for the American people. The triumph of neither old political party is essential to our safety or progress. The defeat of either will be no public misfortune. They are one party. By age and wealth, by membership and traditions, by platforms and in the character of their candidates, they are the Conservative party of the United States. The Prohibition party, as the promoter of every important meas- ure of social justice presented to the American people in the last two generations, and, as the originator of nearly all such legislation, remains now the only great Progressive party. The patriotic voters, who compose the Republican and Democratic parties, can, by voting the Prohibition ticket this year, elect \ the issue of National Prohibition. To those, of whatever political faith, who have the vision of a land redeemed from drink, we extend a cordial invitation to join with us in carrying the banner of Prohibition to nation-wide victory. THE CAMPAIGN The notification meeting was held at Indianapolis, the home of Governor Hanly. He gave a comprehensive address which will always stand as a state paper of the first rank. For the campaign a special campaign committee was formed with Oliver W. Stewart as Chairman. The outstanding feature 3 Vindicator, Aug. 11, 1916; also issued in pamphlet form. 4:24 PROHIBITION IN THE UNITED STATES of the campaign was a special train carrying the candidates from Coast to Coast. It started from Chicago, September 8th, and continued until election, going first to the Pacific Coast and then to the Atlantic Coast and back to Chicago. It covered nearly 20,000 miles in thirty-four states, and stops were made for from five to fifteen meetings a day. The emphasis by the candidates was chiefly upon the prin- ciple of prohibition rather than upon the distinctively party argu- ment. Both were new converts to the Party and, naturally, were not as fully grounded in the party philosophy as some of the earlier candidates. Statewide referendum campaigns were being held in half a dozen states and the candidates made special efforts to help carry those states. In the special train campaign Hanly and Landrith had an influential part in five of them. As Governor Hanly stated after the election: Wherever we spoke we gave first consideration to the dry issue, telling the people, without qualification, that they might vote us up or vote us down, if they would only redeem their state by making it dry. The ticket was on the ballot in forty-four states. Owing to the tremendous pressure of the old party organizations in the last week of the campaign when it was foreseen that the election was going to be very close between Wilson and Hughes, the Prohibi- tion national vote was disappointing. In a number of states the state ticket went considerably ahead of the national. In nine states the high vote for state candidates reached a total of 183,000 more than the vote for the national candidates. In Minnesota W. G. Calderwood received 78,426 votes for United States Senator. — SELECT BIBLIOGRAPHY, IQIO-I9I9Q Prohibition Party. American Prohibition Year Book, 1910, IQII, 1912, I915, 1916. CHAFIN, EUGENE W.—The Master Method of the Great Re- form, 1913, 156 pp. Contains 1912 Acceptance Speech and five other leading addresses. Government by Administration, Address, 1912, 16 pp. -One Standard of Morals, Address, 1911, 16 pp. Government by Political Parties, 1910, 16 pp. Howarp, Crinton N.—The Handwriting on the Wall, Speech of Temporary Chairman Prohibition National Conven- tion, 1912, 16 pp. EVENTS OF 1913 TO 1916 425 Watkins, Aaron S.—Why I Am a Prohibitionist, 1912, 8 pp. Patton, Ropert H.—The Real Progressive Party, 1912, 8 pp. CALDERWOOD, W. G.—The Faith of the Fathers, 1912, 8 pp. FANNING, M. J.—Notification Address to Pennsylvania Candi- dates, I912, 16 pp. Potine, DanteEL A.—Save America and Serve the World, Key- note Speech, Prohibition National Convention, 1916. PERRIGO, JAMES—The Sheriff, 1911, 85 pp. Pickett, L. L_—The Booze Devil, 1914, 84 pp. HeENprRICKSON, FINLEY C.—The Constitution and Prohibition, 1918, 24 pp. SHAW, ELton R.—At the Parting of the Ways, 1911, 40 pp. MacNricuHott, Dr. T. ALEXANDER—The Relation of Alcohol to Race Suicide, 1912, 4 pp. CALDERWooD, W. G.—Do It Right First, An Analysis of County Option. SHIELDS, JOHN A.—A Discussion of Methods. Results of State Prohibition. Stusss, Gov. W. R.—Prohibition in Kansas, 1910, 32 pp. Capper, Gov. ArtHuUR—What Prohibition Has Done for Kansas, 1915, 16 pp. Jounson, WitttaAm J.—The Question Answered, How Prohibi- tion Works, Experience of Omaha, Denver, Portland, meattle, TOTS, 31) pp. JoHnson, Witt1Am E.—Ten Years of Prohibition in Okla- homa, 1918, 96 pp. - Prohibition in Kansas, 1918, 89 pp. Gorpon, Ernest—The Maine Law, 1919, 124 pp. Biug, F. O.—When a State Goes Dry (West Virginia), 1916, II4 pp. MarsHALL, T., K.—The First Six Months of Prohibition in Arizona, 1915, 73 pp. Wine, Henry A.—Maine’s War on the Liquor Traffic, 1911, So pp. CraFts, WiitBur F.—Prohibition Handbook (Written for the campaign in Maine), I9II, 94 pp. Anti-Saloon League Year Book, published annually since 1908. Prohibition—General. JoHNson, Wirt1Am E.—The Federal Government and the Liquor Traffic, 1911, 364 pp. 426 PROHIBITION IN THE UNITED STATES Hanty, J. Franx—Editor, Speeches of the Flying Squadron, IQ15, 420 Ppp. Eaton, E. L.—Winning the Fight Against Drink, 1912, 344 pp. Crooxker, J. H.—Shall I Drink, 1914, 255 pp. DurkKEE, J. H.—History of the World’s Centennial Congress, 1908, 199 pp. FisHer, Pror. Irvinc—Sale of Intoxicating Liquor, Statement before Subcommittee on Excise and Liquor Legislation of the Committee on the District of Columbia, 1912, 21 pp. Gorpon, Ernest—The Anti-Alcohol Movement in Europe, 1913, 333 PP- The Breakdown of the Gothenburg System, I91I, 155 pp. Russian Prohibition, 1916, 80 pp. STELZLE, CHaRLEsS—Why Prohibition?, 1918, 336 pp. NicHotts, Joun A.—Does It Pay? Economic Studies in the Liquor Problem, 1912, booklet, 45 pp. SroppaRp, Cora Frances—Alcohol’s Ledger in Industry, IQI4, 22 pp. Ritter, Cot. Err F.—Moral Law and Civil Law, 1910, 278 pp. Crarts, Dr. and Mrs. WitBur F.—The World Book of Tem- perance, IQII, 410 pp. Crarts, Witsur F.—Why Dry? Briefs for Prohibition, 1918, 126 pp. Pickett, Deets—The Cyclopedia of Temperance, Prohibition and Public Morals, 1917, 406 pp. WILSON, CLARENCE TruE—Dry or Die; The Anglo-Saxon Dilemma, 1912, 186 pp. HayLer, Guy—Prohibition Advance in All Lands, 1913, 366 pp. (Mr. Hayler is President of the World Prohibition Federation. ) Beman, L. T.—Selected Articles on Prohibition (Debater’s Handbook Series), 1915, 1608 pp. BatLey, T. J.—Prohibition in Mississippi, 1917, 224 pp. Nicuots, Emmett D.—The Second Declaration of Independ- ENCE \ TOES Fa 7npy, Winning Orations in the National Contests of the Intercollegiate Prohibition Association, 7th Ed., 1917, 184 pp. RicHARDSON, NorMAN E.—The Liquor Problem, 1915, 140 pp. Report of the Commission to Investigate Drunkenness in Massa- chusetts, 1914, 42 pp. National Conference on Social Work, Proceedings, I919, pp. 761-782. Articles on Prohibition and Its Social Con- EVENTS OF 19r3 TO 1916 427 sequences by Robert A. Woods, Prof. Irving Fisher and others. War Prohibition. Pickett, DEEts—The Wooden Horse or America Menaced by a Prussianized Trade, 1918, 87 pp. FIsHER, Pror, Irvinc—The Case for War-Time Prohibition, 4 pp. BALLINGER, WALTER F.—Quick Relief for the Nation, pam- phlet, 4 pp. CarVER, Pror, THomas N.—Government Control of the Liquor Business in Great Britain and the United States, 1919, 192 pp. Crarts, WiLBuRr F.—Why War Prohibition?, 1918, 32 pp. International Reform Bureau—Conservation of Food and Other Resources of War Prohibition. Extracts from Congres- sional Record, June 18, 1917, 16 pp. Howarp, Crinton N.—The World on Fire—National Pro- hibition Demanded as Emergency War Measure, Address, IQI7, 24 pp. STODDARD, Cora F.—Shall We Save Beer and Wine? 1917, 16 pp. RANDALL, CHARLES H.—Telegraphic Demands for War-Time Prohibition. Reprint from Congressional Record of June 20, I917. For a summary of efforts for War Prohibition in Congress, see Crarts, W. F.—Dates and Data for a History of Na- tional Prohibition in Twentieth Century Quarterly, Winter Quarter, 1920-1921. The following three British books were influential here : Mer, ArtHurR, and Hoipen, J. Sruart—Defeat or Victory, IQI7, 120 pp. Meg, ArtrHuR—The Fiddlers, 1917, 65 pp. ute barasite; TOL7 4701p. Scientific, Dover, R., and Benepict, Francis G.—Psychological Effects of Alcohol, 1915, 281 pp. Mites, Watter R.—The Effect of Alcohol on Psycho-Physio- logical Functions, 1918, 144 pp. | Fisk, Euc—Ene Lyman—Alcohol, Its Relation to Human Ef- ficiency and Longevity, 1917, 286 pp. 428 PROHIBITION IN THE UNITED STATES Ketynack, T. N. (editor)—The Drink Problem of Today in its Medico-Sociological Aspects (English), 1916, 318 pp. Hosgson, RrcumMonp P.—The Great Destroyer, Speech, Febru- ary 2, LOLL, @o pp. Alcohol and the Human Race, 1919, 205 pp. Maus, Cou. L. Mervin—Alcohol and Racial Degeneracy, 1914, 13 pp. a Gs Cora FRANCES—Handbook of Modern Facts About Alcohol, 1914, 105 pp. PARTRIDGE, G. E.—Studies in the Psychology of Intemperance, 1O12, 275 pp. Howarp, Pror. Grorce Exttiotr—Alcohol and Crime, Ameri- can Journal of Sociology, July, 1918. For recent bibliography of scientific aspects of the alcohol ques- tion, see Fisuer, Irvine, and Fisk, EuGENE LyMan— How to Live, 18th edition, 1925, pp. 378-382. Prohibition Papers. The leading national newspapers of the Prohibition party were: American Advance, organ of the National Committee, 1911-1913; The Vindicator, 1911-1916; The Patriot Phalanx, 1917-1920. The chief state Prohibition newspapers of the decade were: Indiana, The Patriot Phalanx, published from the eighties to 1920, except its first few years, by William F. Clark and his son, Edward W. Clark. From 1917 to 1920 it served as a national organ. Clean Politics of Indianapolis was a national propaganda weekly, edited by W. M. Likens from 1910 to 1914. Pennsylvania, The People, founded in 1887 and continued for over twenty years with several editors, one of the later being Orrin H. Graham. A daily newspaper performing great service to the Party was The Venango Daily Herald, published at Frank- lin for many years by David B. McCalmont who also was the publisher of The Vindicator, 1911 to 1916, the national organ edited by William P. F. Ferguson; The Clean Commonwealth, of Butler, edited by A. P. Hutchinson, was a vigorous paper; The Index, of Williamsport, has been published monthly since 1892 by Dr. C. W. Huntington and continues at the present time. California, The California V oice is the longest lived Prohibi- tion paper in the history of the country. It is the successor of a temperance paper founded in 1855, and is still on the firing line. For fifty-six years it has been published under its present name, EVENTS OF 1913 TO 1916 4.29 and for over a quarter of a century has been edited by Wiley J. Phillips, of Los Angeles, Illinois, The Banner, edited by George W. Woolsey; West Virginia, The Mountain State Patriot, edited by Dr. J. W. Bed- ford from 1902 to 1918; Iowa, The Jowa Prohibitionist, edited by Dr. O. D. Ellett; Nebraska, The Nebraska News, edited by J. L. Claflin; Wisconsin, The Campaigner, started in 1916, edited by Will C. Dean; Minnesota, The Northwestern Patriot, edited by George F. Wells; Missouri, The State Leader, edited for many years by Charles E. Stokes; Connecticut, The Voter, edited by FE. L. G. Hohenthal; Catholics and Prohibition was a Catholic Prohibition monthly, edited by Rev. Fr. George Zurcher from 1908 to IgIQ, its successor now being published is The Father Mathew Man. In the New York Public Library can be found substantially complete files of The Voice, The New V oice, The National Pro- hibitionist, The Vindicator, The Citizen, The Defender, Clean Politics, and partial files of The Facts, The People, Backbone of Minnesota, The Patriot Phalanx, True Reform, Iowa Common- wealth, Missouri State Leader, The C alifornia Voice, The Corner- stone, The Lever, Oregon Searchlight, The Constitution, Flying Wedge, Frozen Truth, Backbone of New York, Intercollegiate Statesman, Prohibition Bombs and New Voice Leaflets, Chapter X XIIT THE PROGRESS OF STATE AND NATIONAL PROHIBITION, 1914-1919 THE PROGRESS OF STATE PROHIBITION Prior to September, 1914, there were only nine prohibition states, there having been no net gain in the number of prohibition states for over five and one-half years. West Virginia had been gained in 1912 but in 1911 Alabama had been lost, temporarily. Of the nine states, in six prohibition had been adopted by a popu- lar vote. These were Maine; which four times had given popular majorities for prohibition, Kansas, North Dakota, Oklahoma, North Carolina and West Virginia. Three had adopted prohibi- tion by action of the legislature—Georgia, Mississippi and Ten- nessee. Three, Maine, Kansas and North Dakota, had adopted prohibition prior to 1890. There were no additions between 1889 and 1907. The other six were since 1907. The year 1914 gave a great impetus to the movement for state prohibition. That year five states adopted prohibition by popular vote—Virginia, Oregon, Washington, Colorado and Arizona. Of these in all but Virginia it was adopted by means of the initiative and referendum. Virginia followed a roundabout method different from any other state. She did not have a gen- eral initiative and referendum law and the Legislature did not vote to submit. But it passed an enabling act permitting a vote upon the question of prohibition provided one-fourth of the number of those who had voted at the preceding election should petition for such a vote. Of the five states adopting prohibition in 1914 Virginia was the only one where the Legislature was involved in any way and there it did not take the responsibility either for adoption or submission. The Legislature merely passed an enabling act which was substantially a special initiative and referendum law to be applied to this one question. It did provide that if the ma- jority of the people voted for statewide prohibition the sale, manufacture for sale, and so forth, within the state should be unlawful. But manufacture for sale outside the state was per- mitted and the penalties were merely the same as they had been 450 THE PROGRESS OF PROHIBITION, 1914-1919 431 for trafficking without a license. It was a very weak law and its going into operation was postponed for over two years after the vote.* In the other four states prohibition was distinctly a popular movement having been initiated and carried through by the people. Especially in Oregon and Arizona, the party Prohibitionists took the leadership in bringing on the vote and in the other states they were very active in the campaigns. Arizona adopted the most thoroughgoing constitutional provision yet adopted in any state. Anticipating that the Legislature would be politically constituted so as not to be favorable to the adoption of enforcement legis- lation, the initiated measure provided penalties within the measure itself. Thus action by the Legislature was not essential to carry it into effect. Much credit for prohibition in Arizona was due to Eugene W. Chafin, twice Prohibition candidate for President, who was then living in that state. In 1915 five more states passed prohibitory laws. Alabama, having experienced the contrast between prohibition, even poorly enforced, and license, returned to prohibition. The other states adopting prohibition in 1915 were Arkansas, Iowa, Idaho and South Carolina. In the latter state it was adopted by a popular vote, in the others it was passed by the Legislatures, The vote of South Carolina was very significant as that was the state where the dispensary system, the method of government monopoly, had been tried for many years under the most favor- able’ circumstances, having been administered by its friends whereas so often prohibition has been administered by its enemies. When the people had an opportunity to express their sentiments regarding whether they should continue the dispensary or adopt prohibition over 71 per cent voted in favor of prohibition. With the exception of Maine, which after trying prohibition for a third of a century voted in 1884 to place prohibition in its state con- stitution by a vote of nearly 75 per cent of those voting, South Carolina gave prohibition the largest percentage of the popular vote it had thus far received in any state. The fact that after years of most favorable trial the dispensary system was able to muster less than 29 per cent of the votes should be regarded as overwhelmingly decisive against the results of that system. In 1916 four more states were added, Michigan, Nebraska, South Dakota and Montana. In all of these prohibition was adopted by a popular vote and in all but Montana it was adopted by means of the initiative as well as the referendum. 1 Virginia, ‘Acts of Assembly, 1914, p. 20. 432 PROHIBITION IN THE UNITED STATES An analysis of the twenty states which adopted prohibition in the ten-year period 1907 to 1916, inclusive, in relation to the attitude of political parties and liquor’s ability to wield the bal- ance of power reveals significant facts. Of these twenty states, in seven prohibition was adopted by means of the initiative and referendum in which the vote was brought on by the initiative of a certain percentage of the voters petitioning for a vote on the proposition without the legislatures or the politicians having anything to do with the matter. Of the other thirteen states, in six it was submitted to a popular vote. In one of these, Oklahoma, it was submitted by the constitutional convention, in four it was submitted by the legis- lature, and in the sixth state, Virginia, the method, as described above, was by means of a special initiative and referendum. Of these six, all but West Virginia and Montana were one-party states. In seven states prohibition was enacted by the legislature, but of these all were one-party states with the single exception of Idaho. Idaho has the unique distinction of having been the single state in the whole history of the prohibition movement where all parties placed prohibition planks in their platforms prior to the enactment of prohibition. It is the only state where both major parties ever did so. In Idaho, in 1914, all parties, aside from the Socialist—the Republican, Democratic, Progressive and Prohibi- tion—placed prohibition planks in their platforms. That they did this was due largely to the acceptance of the party philosophy of the Prohibition party by the leaders of the larger parties. The consequence of this support by the parties was that the succeeding Legislature of 1915 not only enacted a statutory pro- hibition law, but, to make prohibition permanent, it submitted a prohibition constitutional amendment to be voted upon at the next election when it was adopted by a vote of 90,526 to 35,450. Subsequently, when the Eighteenth Amendment came before the Idaho Legislature it was ratified unanimously. It is very significant that in all the ten-year period prior to 1917, during which twenty states went dry, the only close state where the legislature took the direct responsibility for the en- actment of the law was a state where all parties were committed to prohibition by platform declaration. With all parties com- mitted to prohibition the liquor traffic could not wield the balance of power. Idaho thus stands exalted in a class by herself. Aside from THE PROGRESS OF PROHIBITION, 1914-1919 433 that state, in not a single close state did a legislature take the responsibility for enacting a prohibition law. And in only two close states did the legislature even so much as submit. the question to the people to let them decide. In both of those two states, West Virginia and Montana, there were unusual situa- tions. West Virginia was discussed in an earlier chapter. The vigorous activity of the Prohibition party was a factor in obtain- ing submission as a concession. In Montana the measure stub- mitted provided that if adopted it should not go into operation for more than two years after it received the vote of a ma jority of the people. The liquor interests helped to make the proposal drastic under the mistaken notion that by so doing they would make its defeat more likely.? Summarizing this analysis, in not a single state where the liquor trathe was able to wield the balance of power did the legislature enact a prohibition law and in only two such states were the legis- latures even willing to submit the question to the people, not- withstanding the remarkable growth of sentiment in that ten- year period. Prohibition was obtained by the people, separate from political parties. So far as the writer has been able to discover, there have been only three states where either one of the major parties adopted a clear cut platform declaration for prohibition prior to its enactment. Besides Idaho, these states were Washington and Utah where the Democratic platforms contained such planks in 1910, and in the latter state in 1916. Nearly everywhere where the parties were approximately equal in size the politicians feared to incur the enmity of the liquor trafhe. The traffic maintained its power because it was able to elicit the obedience of the parties and party managers. From 1917 to 1919 ten more states adopted prohibition, all but three of which took a popular vote either upon the adoption of prohibition or upon the question of placing it in the state con- stitution. In Idaho in 1915, in Utah in 1917, and in Texas in 1918 the Legislatures passed statutory prohibition and submitted constitutional prohibition to a popular vote, it carrying in each case. In Utah the Legislature of 1915 passed a prohibitory bill by a large majority but it was vetoed by the Republican Governor at the close of the legislative session when it could not be repassed 2 Brewing and Liquor Interests and German and Bolshevik Propaganda, Report and Hearings of the Subcommittee on the Judiciary, United States Senate, Sixty- sixth Congress, First Session (1919), p. 1175. 434 PROHIBITION IN THE UNITED STATES over his veto. In 1916 the Democratic party adopted a strong prohibition plank and elected its ticket. So intense was the feeling that the whole Republican party was swept out of power in a state which in the preceding presidential election it had carried for Taft when only one other state, Vermont, had been carried. A Democratic dry Hebrew was elected Governor on a prohibition platform. The outcome was that the first act of the 1917 Legislature was the passage of a drastic prohibition law by a unanimous vote in the Senate and with but one dissenting vote in the House. The Legislature also submitted a prohibition con- stitutional amendment. In the two states where prohibition was made a party principle in the platform of the successful party, Idaho and Utah, it went through the most successfully of any of the states. By the close of 1919 thirty-three states had adopted prohibi- tion, eight by legislative enactment and twenty-five by popular vote. Of the twenty-five, nine obtained prohibition by means of the initiative as well as the referendum. That prohibition had the overwhelming support of the people is shown by the fact that on the adopting vote the total prohibi- tion majority in these twenty-five states amounted to 662,717. If a vote had been taken in the other eight states the aggregate majority would have been much larger. POPULAR VOTES AND PROHIBITION In the early years of national prohibition wet propagandists persistently asserted that prohibition had been “put across” against the will of the majority of the people. In three-fourths of the states there has been an expression of the will of the people through direct, popular elections, the results of which had the binding effect of law. In these elections pro- hibition has received a majority vote in thirty of the thirty-two states. Some states have voted repeatedly, and in every case the latest vote has been the strongest for prohibition. The people have progressively supported prohibition. A study of the votes is absolutely convincing. The table below gives the list of prohibition states with the year of adoption; whether the prohibition was constitutional or statutory; whether enacted by the legislature or submitted by the legislature to a popular vote or obtained through the initiative and referendum; and also the popular majority in those states where the people voted directly. a ee a THE PROGRESS OF PROHIBITION, 1914-1919 435 TABLE SHOWING WHEN, HOW AND BY WHAT MAJORITY STATE PROHIBITION WAS ADOPTED Legislature When Statutory or Submission Vote Vote Majority State Adopted Constitutional Initiative For Against For 1— Maine 1851 Statutory Legislature Maine 1884 Constitutional Submission 70,783 23,811 46,972 2—Kansas 1880 Constitutional Submission 92,302 84,304 7,998 3—North Dakota 1889 Constitutional Submission 18,552 £73393 1,159 4—Georgia 1907. Statutory Legislature 5s—Oklahoma 1907 Constitutional Const’l Conv. 130,361 Tih2.256 18,103 6—Mississippi 1908 Statutory Legislature 7—North Carolina 1908 Statutory Submission 113,612 69,416 44,196 8—Tennessee 1909 Statutory Legislature o—West Virginia 1912 Constitutional Submission 164,945 72,603 92,342 1o— Virginia 1914 Statutory Enabling Act 94,251 63,886 30,365 r1—Oregon 1914 Constitutional Initiative 136,842 100,362 36,480 12—W ashington 1914 Statutory Initiative 189,840 171,208 18,632 13—Colorado 1914 Constitutional Initiative 129,589 118,017 11,572 14—Arizona 1914 Constitutional Initiative 25,887 22,743 3,144 15—Alabama 1915 Statutory Legislature 16—Arkansas 1915 Statutory Legislature 17—lowa 1915 Statutory Legislature 18—Idaho 1915 Statutory Legislature Tdaho 1916 Constitutional Submission 90,576 25s450i) Be 720 to—South Carolina 1915 Statutory Submission 41,735 16,809 24,926 20—Montana 1916 Constitutional Submission 102,776 73,890 28,886 2I—South Dakota 1916 Constitutional Initiative 65,334 53,360 1,974 22—Michigan 1916 Constitutional Initiative 353,378 284,754 68,624 23—Nebraska 1916 Constitutional Initiative 146,574 Tes ata 2 One Ate 24—Indiana 1917 Statutory Legislature 25—Utah to17 Statutory Legislature Utah 1918 Constitutional Submission 42,691 15,780 26,911 26—New Hampshire 1917 Statutory Legislature 27—New Mexico 1917 Constitutional Submission 28,732 32,147 || 16,585 28—Texas 1918 Statutory Legislature Texas 1919 Constitutional Submission 150,723 140,099 19,624 29—Ohio 1918 Constitutional Initiative 463,054 437,895 25,750 30—W yoming 1918 Constitutional Submission 31,439 10,200 21,239 31—Florida 1918 Constitutional Submission 21,851 13,609 8,242 32—Nevada 1918 Statutory Initiative 13,248 9,060 4,188 33—Kentucky 1919 Constitutional Submission 208,905 198,671 10,234 Total ..... 2,837,580 2,274,863 662,717 Total prohibition majority twenty-five states .........ccccccceceee 662,717 More striking as evidences of prohibition sentiment have been the second or subsequent votes in those states which have voted upon the question more than once, the later vote having been taken after the people had an opportunity to experience the benefits and test the results of prohibition. Between 1916 and 1922 there were six states which previously had adopted prohibition by a popular vote which held a second referendum upon the question. In five of the six states the question at issue was whether the law should be modified to permit the return of beer or beer and wine. In every case a much larger majority was given after prohibi- tion had been tried than before. These six states in earlier elec- tions when prohibition was adopted gave a total prohibition majority of 164,211. But in the later votes they more than quadrupled the dry majority, increasing it to 695,057. 436 PROHIBITION IN THE UNITED STATES Tabulated, the votes were as follows: Adopting Election Later Election Pro. For Against Pro. Year Majority Year Prohibition Prohibition Majority PLEIZONA Wino) i IQI4 3,144 1916 28,473 17,379 11,094 Golorado.asdiwa IQI4 I1,572 NOLO) “163.1 34 77 3245 85,78 isreson | ieee 1914 36,480 IQI6 =: 140,599 85,973 54,626 Washington .. I914 18,632 I9I6 = 245,399 98,843 146,550 Michigan .... 1916 68,624 IQIQ 530,123 22,603 207,520 CHIO" Sam hare 1918 25,759 1922 908,522 719,050 189,472 164,211 2,016,250 1,321,193 695,057 Ificreased’ majorieyrover first” VOtets. 2 Pecks coe cele eee ee eee 530,846 3 The prohibition majority on the later votes was increased by 530,846 which, added to the majority of 662,717 by which state prohibition was originally adopted makes the total later prohibi- tion majority 1,193,563 in the twenty-five states where prohibi- tion was originally adopted by a popular vote. In addition to the twenty-five states which adopted state pro- hibition as the result of popular votes there have been five other states which have given popular majorities for prohibition. In Arkansas, where the Legislature originally passed the prohibitory law, the wets brought on a vote in 1916 to try to repeal it and prohibition was upheld by a majority of 51,633. In Minnesota in 1918 a proposed amendment to the state constitution was sub- mitted and received a majority of the votes cast on the proposi- tion of 15,959. But inasmuch as that state has a provision requiring that to amend its constitution there must be a majority of all the votes cast in the election for any office, the prohibition amendment lacked 756 votes of the required constitutional ma- jority, due to the fact that it is seldom that as many votes are cast on a submitted proposition as there are for the candidates for office. In Missouri, in 1920, the wets brought on a referendum upon a prohibition enforcement law and the prohibition law was sus- tained by a majority of 61,299. I Jan. 20.1910,)-a3nte .03 C23 Fe Vermonty yey 2 Jan. 16, 1919, 26 to 3 Jan." 20, FoTO Tse tay .58 (44) New Laid a a Jan. 20, 1919, 27 to 24 Jan. 23, I919, 81 to 66 (45) Pennsylvania ..... Feb. 25, 1919, 290 to 16 Feb. A xLG190," TIO. to. “93 (49) New Jersey 2: )... Mar. 9, 1922, 12to 4 Mar. Fs 1Oeee we Ss, tO 724 Chapter X XIV THE PROHIBITION PARTY, 1917-1925 During the movement for war prohibition in 1917 and 1918 the Prohibition party was in the forefront of activity in its behalf, many Prohibitionists believing that from the standpoint of patriotism no greater service, outside the battlefield itself, could be performed than in overcoming the greatest enemy at home. | A summary by National Chairman Hinshaw in December, 1918, included the following among the activities of the Pro- hibition National Committee that year: Initiated and successfully carried out one of the most intensive, effective and practical campaign programs ever undertaken in be- half of Prohibition, including: I. Secured endorsement of war prohibition by city councils, boards of trade, chambers of commerce and other commercial bodies. 2. Inaugurated a chain of telegrams to Congress from church, women’s and many patriotic organizations demanding war _pro- hibition. 3. Conducted a newspaper advertising campaign. 4. Reached labor unions and laboring men for war prohibition through Unionist speakers. 5. Enlisted fraternal orders in Amendment fight. 6. Arranged auto tours and a series of public meetings during recent fall campaigns. 7-_ Sent special state editions of the Prohibition national organ, the Patriot Phalanx, into over one million homes in twelve states where ratification or statewide campaigns were on. 8. Returned to Congress Charles H. Randall. 9. Actually “adjourned politics” and worked in every state with- out regard to party to elect dry legislatures. 10. Worked hard for ratification. 11. Entered upon a campaign for worldwide Prohibition. In addition Prohibitionists under the leadership of National Chairman Hinshaw and Dr. Charles Scanlon of the Presbyterian Temperance Board were largely instrumental in forming in 1918 452 THE PROHIBITION PARTY, 1917-1925 453 the National Dry Federation in which the more advanced temper- ance and prohibition organizations and church temperance boards cooperated for the promotion of war prohibition and the rati- fication of the Amendment. Its president was William Jennings Bryan who addressed a number of the state legislatures and many large public meetings in behalf of ratification, In the war period the various temperance and prohibition groups cooperated in forming the United Committee for War Temperance Activities in the Army and Navy. This Committee carried on a large educational prograin against drink among the soldiers and sailors. By means of lectures, literature, posters, slides and stereomotor- graphs it presented to the soldiers and sailors the efficiency facts regarding the use of intoxicants, furthered a sympathetic under- standing of the reasons for the military regulations against drink, and fortified them to meet the temptations of military life, warn- ing them particularly of the dangers of wine. After America had adopted constitutional prohibition it pre- sented some of the economic and industrial facts underlying the reasons for prohibition, counteracted propaganda against the > Constitution and helped many to return to civil life better citizens, proud of the fact that the United States had placed prohibition in its Constitution. The work of the United Committee was semi-official, having been done with the approbation of the War Department. Its chairman was Daniel A. Poling and its first executive secre- tary was Harley H. Gill. THE FIFTIETH ANNIVERSARY In September, 1919, the Prohibition party celebrated its fiftieth anniversary at a national gathering in Chicago near the site of Farwell Hall, the Y.M.C.A, building, where it had been organized in 1869. At this gathering the predominant sentiment was that of con- gratulation and jubilation that the fifty-year struggle had been crowned by the ratification of the National Prohibition Amend- ment which had been accomplished the preceding January. Since early in its history the Prohibition party had been com- mitted to a national prohibition constitutional amendment. It had been a pioneer in the advocacy of constitutional prohibition. 1See Anti-Alcohol Activities Among American Soldiers and Sailors During the War, Final Report of the United Committee, 1920, 28 pp. 454 PROHIBITION IN THE UNITED STATES The platforms of 1876, 1880, 1884, 1888, 1908, and 1916 had mentioned a constitutional amendment specifically. As no other organization, the Prohibition party had been the loyal, faithful, persistent, indefatigable, never-say-die champion of National Pro- hibition which had now been established in the Constitution of the United States. The Prohibitionists had good reasons for congratulations on their fiftieth anniversary. The Prohibition party had a record of having been the longest-lived minority party in the history of the country. For fifty years it had been the perennial advocate of national prohibition; for fifty years it had carried on the fight against license and against every form of liquor perpetuation; for fifty years it had stood against compromises of every kind; for fifty years it had declared that law should uphold the right, prohibit the wrong and reflect the best; for fifty years it had proclaimed the gospel of national righteousness, that “righteousness exalteth a nation’; for fifty years it had held aloft a great national ideal and had maintained a vision of a greater and better nation; for fifty years it had advocated a higher standard of politics and a realignment through which the better elements of our citizenship might prevail; for fifty years it had exalted conscience in politics, had emphasized the citizen’s responsibility for the use of the ballot; for fifty years it had taught that voting is a part of conduct and that one’s ballot should express one’s convictions, aspirations and desires with respect to public affairs; for fifty years its members had gone to the polls every election day and “thrown away” their votes for a great principle, “planted” them, as John Russell used to say, in faith that they would spring forth, grow and bring to fruition a nation redeemed from the crime and curse of the legalized liquor traffic. Now the liquor traffic was no longer licensed or legalized. It was an outlaw and a criminal, a violator of the Constitution of the nation. All the force of law, all the supreme authority of organized society was arrayed against the arch enemy of the race, To have amended the Constitution and embedded in that instru- ment the principle of prohibition was a tremendous achievement ; an achievement of so great magnitude as to reflect plenteous credit on all the various groups which had a part in bringing it about. At the anniversary meeting, although the predominant spirit was that of congratulation, there was a recognition that the work was by no means finished, that the objectives of the Party were THE PROHIBITION PARTY, 1917-1925 455 still far from being reached. It was realized that prohibition had not come by a method which would presage effective adminis- tration. It was foreseen that enforcement entrusted to the old parties would not work out satisfactorily. The Prohibitionists realized as perhaps few others that the non-partisan adoption of a constitutional amendment was by no means the “final step” in the solution of the liquor problem as had been asserted by some of the leaders of the Anti-Saloon League. Obtaining the law was a step, and an important one, but it was only a step. Ahead stretched the more difficult task—the admin- istration of the law. In the minds of the Prohibitionists a party in power committed to prohibition as a party principle was essential to effective pro- hibition. They had always purposed, as expressed in the plat- form of 1888, that an amendment should be “enforced by ade- quate laws adequately supported by administrative authority.” Long experience had demonstrated the inadequacy of enacting prohibitory laws, constitutional or statutory, without a party in power to administer them. An amendment without a party sup- porting it to vitalize it was like a locomotive without steam, like an ax without a man to wield it. Said Dr. Daniel A. Poling, in 1914: It would be a monumental tragedy to achieve national prohibition by an amendment to the Constitution of the United States without capturing for the administration of that law the executive depart- ment of the government. Notwithstanding that the Prohibitionists recognized the inade- quacy of a mere amendment most of them had joined earnestly in the general movement for the Eighteenth Amendment and had toiled hard in developing sentiment in its behalf. Some had thought that the struggle to secure the Amendment would reach such intensity that the foes of the liquor traffic would be com- pelled to unite in a political army to rout the enemy. But asa consequence of the Congressional situation created by the move- ment for war prohibition and as a result of the exalted patriotic fervor of the war period the Amendment was adopted sooner than had been anticipated. There was no political union of the dry forces. The preexisting partisan alignments continued. Parties which had always sought the votes of two diverse elements, the wets and the drys, and both of which were comprised of both elements, remained in power. Notwithstanding this many Prohibitionists hoped for the best. 456 PROHIBITION IN THE UNITED STATES It was naturally assumed by most people that after a measure had been placed in the Constitution by such an overwhelming ma- jority of the representatives of the people, after the sovereign power of the nation had spoken, sheer respect for the Constitution would cause acceptance of and committal to a principle of the Constitution by all parties. So general was this assumption that the leaders of several of the temperance and prohibition organizations almost immediately turned their attention to extending the principle of prohibition around the world. Some of the party leaders organized the Pro- hibition Foundation whose purpose was primarily to raise and administer funds for world work somewhat similar to the Pro- hibition Trust Fund Association which had been organized in 1890 to receive and administer gifts and bequests for prohibition work in this country and which still continues to function. Several of the leading workers were sent to foreign fields. Mr. Chafin, and later Mr. Calderwood, was sent to Australia. Mr. Hinshaw, Mr. Hohenthal and others went to Europe. Simi- larly, other organizations became imbued with the missionary spirit to bring about world prohibition. But there was a rude awakening at home. Neither the liquor element nor the wet politicians paid any more respect to the Constitution of the United States than they did to a state con- stitution or a statutory law which they wished to disregard. Furthermore, after the law was violated it was only rarely that adequate penalties were applied. It was found that an astonishing proportion of wet men had been appointed to enforce dry laws. Still worse, it was found that men in positions of high responsi- bility relating to the administration of the law were men with notoriously wet records. In short it was found that the govern- ment was not functioning except to a very limited extent. The remarkable victory achieved in placing prohibition in the Constitution had been merely partial. Prohibition had won on the constitutional law side of government, it had not yet won on the politics side of government. It had not obtained control of the agencies by which the Constitution is put into operation. The people had wrought a revolution in placing prohibition in the Constitution. But there had been no revolution in politics. The old political régime continued. The existing dominant parties were no more committed to an aggressive policy of en- forcing the Eighteenth Amendment than they were to an aggres- sive policy relating to that part of the Fourteenth Amendment which relates to the reduction of representation in Congress. _ THE PROHIBITION PARTY, 1917-1925 457 Prior to the national conventions of 1920 there was a wide- spread movement to get both major parties to adopt planks com- mitting those parties to the maintenance and enforcement of prohibition. The Prohibition party showed its self-effacing in- terest in getting each of the larger parties to adopt a dry plank by spending thousands of dollars and sending out 252,000 letters to leaders of organizations of all kinds asking them to bring influence to bear upon the national conventions to adopt such planks. It was estimated that groups representing constituencies of more than 20,000,000 people requested platform declarations in support of prohibition. The Republican Committee on Resolutions voted against men- tioning the subject in the platform, only three members voting favorably. Finally the Kansas member agreed to sign a resolu- tion in the form of a minority report but would not agree to present it to the convention. He offered to give his proxy to the Governor of Kansas or any other dry leader who would intro- duce it and make the fight. The Governor of Kansas declined on the ground it might hurt the chances of the man he was going to nominate for President. No one else was found willing to present the minority dry report and make the fight. At the Democratic convention although a dry plank was cham-. pioned by William Jennings Bryan no better result was achieved. Thus the splendid effort to commit the major parties to the new moral provision of the Constitution met with ignominious defeat. The nominations were in harmony with the platforms. The decidedly unsatisfactory record of the Republican nominee for President was described in Chapter X XI. On the Democratic side the candidate was regarded as so associated with wet interests that there occurred one of the most astounding situations in the history of presidential elections. William Jennings Bryan, himself three times the Democratic nominee for President, warned the country to prepare for the impeachment of the incoming President for failure to enforce the Constitution. In this situation there was nothing for the Prohibition party to do but to again raise aloft the standard and continue the fight for prohibition in administration as well as in law. THE NATIONAL CONVENTION OF I920 The National Convention was held at Lincoln, Nebraska, July 21 and 22. Aaron S. Watkins was Temporary Chairman, and 458 PROHIBITION IN THE UNITED STATES Miss Marie C. Brehm, of California, Permanent Chairman. This was the first time that a woman was ever elected to that position in any national political convention. In addition a woman, Mrs. Ida B. Wise Smith, of Iowa, was elected Vice- Chairman of the National Committee, the first time a woman was ever thus honored. E. L. G. Hohenthal of Connecticut was Secretary of the Convention, with Miss Minnette Murphy of Iowa as assistant. Striking platform planks included a condemnation of nullifica- tion and a pertinent one relating to presidential qualifications. THE PLATFORM OF 1920 The Prohibition party assembled in National Convention in the city of Lincoln, Nebraska, on this twenty-second day of July, 1920, expresses its thanks to Almighty God for the victory over the beverage liquor traffic which crowns fifty years of consecrated ef- fort. The principles which we have advocated throughout our history have been so far recognized that the manufacture and traf- fic in intoxicating drink have been forever prohibited in the fun- damental law of the land; Congress has rightly interpreted the Eighteenth Amendment in laws enacted for its enforcement; and the Supreme Court has upheld both the Amendment and the law. Asking that it be clothed with governmental power, the Prohibi- tion party challenges the attention of the nation and requests the votes of the people on this Declaration of Principles. Nullification Condemned The organized liquor traffic is engaged in a treasonable attempt to nullify the Amendment by such modification of the Enforcement Act as will increase the alcoholic content in beer and wine and thus thwart the will of the people as constitutionally expressed. In the face of this open threat the Republican and Democratic parties refused to make platform declarations in favor of law en- forcement, though petitioned so to do by multitudes of people. Thus the Prohibition party remains the sole political champion of Na- tional Prohibition. The Prohibition party in its platform in 1872 declared: ‘There can be no greater peril to the nation than the existing party com- petition for the liquor vote; any party not openly opposed to the traffic, experience shows, will engage in this competition, will court the favor of the criminal classes, will barter away the public morals, the purity of the ballot, and every object of good government for party success.” Notwithstanding the liquor traffic is now out- THE PROHIBITION PARTY, 1917-1925 459 lawed by the Constitution this fitly describes the present political attitude of the old parties. The issue is not only the enforcement but also the maintenance of the law to make the Amendment ef- fective. The proposed increase in the alcoholic content of beverages would be fraught with grave danger in that it would mean the return of the open saloon with all its attendant evils. The League of Nations The League of Nations is now in existence and is functioning in world affairs. We favor the entrance of the United States into the League by the immediate ratification of the treaty of peace, not objecting to reasonable reservations interpreting American understanding of the covenant. The time is past when the United States can hold aloof from the affairs of the world. Such a course is short-sighted and only invites disaster. Peace We stand for a constitutional amendment providing that treaties of peace shall be ratified by a majority of both Houses of Congress. We stand by our declaration of 1916 against militarism and uni- versal military training. Without it our boys were in a short time trained to whip the greatest army ever assembled and with national prohibition to make sure the most virile manhood in the world we should encourage universal disarmament and devotion to the arts of peace. Education We stand for compulsory education with instruction in the Eng- lish language, which, if given in private or parochial schools must be equivalent to that afforded by the public schools, and be under state supervision. Suffrage The Prohibition party has long advocated the enfranchisement of women. Suffrage should not be conditioned upon sex. We congratulate the women upon the freedom which the Party has helped them to achieve. Woman and the Home We approve and adopt the program of the National League of Women Voters providing for: 460 PROHIBITION IN THE UNITED STATES The prohibition of child labor ; Adequate appropriation for the Children’s Bureau ; Protection for infant life through a Federal program for maternity and infancy care; A Federal department of education, Federal aid for the removal of illiteracy and the increase of teachers’ salaries ; Instruction of the youth and the newcomer to our shores in the duties and ideals of citizenship. Vocational training in home economics ; Federal supervision of the marketing and distribution of food, the enactment and enforcement of such measures as will open the channels of trade, prevent excess profits, and eliminate unfair competition and control of the necessities of life. The establishment of a Woman’s Bureau in the Department of Labor to determine standards and policies which will improve work- ing conditions for women and increase their efficiency ; The appointment of women in the mediation and conciliation serv- ice and on any industrial commissions and tribunals which may be created ; The establishment of a ioint Federal and State employment service with women’s departments under the direction of qualified women ; The merit system in the civil service free from discrimination on account of sex with a wage scale determined by skill demanded for the work and in no wise below the cost of living as established by official investigation ; Appropriation to carry on a campaign against venereal diseases and for public education in sex hygiene; Federal legislation permitting an American born woman to retain her citizenship while resident in the United States, though married to an alien; And further, that an alien woman who marries an American citizen must take the obligation of citizenship before she can become a citizen. Economy in Administration We believe in the budget system and we stand for economy in governmental administration. There should be a reduction in boards, committees, commissions and offices which consume taxes and increase expenses. Labor and Industry We stand for Industrial Peace. We believe the time has come for the government to assume responsibility for the protection of the public against the waste and terror of industrial warfare, and to that.end we demand legislation defining the rights of labor and es ee ee ee THE PROHIBITION PARTY, 1917-1925 461 the creation of industrial courts, which will guarantee to labor and employing capital equal and exact justice, and to the general public protection against the paralysis of industry due to this warfare. Profiteering The Prohibition party pledges the nation to rid it of the profiteer and to close the door against his return. It will endeavor to eli- minate all unnecessary middlemen by the encouragement of or- ganizations among producers that will bring those who sell and those who use nearer together. It will enact and enforce laws needful to effectively prevent excessive charges by such middlemen. To this end it will demand legislation subjecting to the penalties of the criminal law all corporate officers and employees who give or carry out instructions that result in extortion; it will make it unlawful for any one engaged in Interstate Commerce to make the sale of one article dependent upon the purchase of another article and it will require such corporation to disclose to customers the difference between cost price and selling price or limit the profit that can be legally charged as the rate of interest is now limited. Agriculture We pledge our aid to the farmer in working out a plan to equal- ize prices, to secure labor, and to organize a system of cooperative marketing, including public terminals, mills and storage for the purpose of encouraging agriculture and securing for the farmer such return as will tend to increased production. We favor such extension of the parcel post as will further facili- tate the direct traffic between the producer and consumer. Presidential Qualifications . The qualifications for President stated in the Constitution have to do with age and citizenship. We call attention to the fact that of greater importance are those not so stated referring to moral, intellectual and spiritual endowments. The President of the United States in his daily life, his home and family relationships and in his official career, is expected to typify the finest and best the coun- try can produce. He is the leader of the nation. The moral force and power of his example are immeasurable. No man or woman should ever be elected to the high office who is out of harmony with the purposes of the people or who lacks sympathy with their highest and holiest ideals, and with the Christian principles upon which the nation was founded. 462 PROHIBITION IN THE UNITED STATES Law and Order A crying evil of the day is the general lax enforcement of law. Without obedience to law and maintenance of order our American institutions must perish. The Prohibition party now, as ever, pledges impartial enforcement of all law. Conclusion In this national and world crisis the Prohibition party reminds the people of its long-time faithfulness and its wisdom, proved by the many reforms which it was the first to advocate; and on its record as the oldest minority party—one which has never sold its birthright for a mess of pottage but throughout the years has stood for the best interests of the country—it asks the favorable con- sideration of the voters, believing that by its support they can make it necessary for all political organizations to come up to a higher level and to render a finer quality of service. It pledges itself resolutely to stand for the right and oppose the wrong and dauntlessly to lead in the advocacy of righteous and patriotic principles. On its record and on this Declaration of Prin- ciples it submits its case to the American people. THE NOMINEES For President. Aaron S. Watkins, of Ohio, was nominated. He had been twice the candidate for Vice-President, in 1908 and 1912. A sketch of his life was given in the chapter covering those campaigns. He had served the cause with such signal ability through his platform work all over the country that his nomination for President was regarded as a well merited promotion. For Vice-President. D. Leigh Colvin, of New York, was nominated, The following is from a sketch published during the campaign: Born at South Charleston, Ohio, January 28, 1880. Few men have had.an education so definitely directed towards national pub- lic service as Dr. Colvin. His senior preparatory year was spent at the American Temperance University, Harriman, Tennessee. After having been graduated from Ohio Wesleyan University in 1900, he spent five years in postgraduate study in the three largest universities in America, the University of California, the Univer- sity of Chicago, and Columbia University. He received the degree of Doctor of Philosophy from Columbia. His field of study was THE PROHIBITION PARTY, 1917-1925 463 all in those subjects relating to government, politics and the public problems of our time. His studies included courses in political science, economics, history, constitutional, international and ad- ministrative law, sociology, statistics and political philosophy. He served for sixteen years as National President of the Inter- collegiate Prohibition Association which under his presidency be- came by far the largest student organization of a civic character in the history of the country. No candidate of any party has a better knowledge of all parts of our country than the Prohibition Vice-Presidential candidate. For the greater part of the time for twenty years he has traveled from Coast to Coast, having spoken in more than three hundred and fifty colleges and universities, in many of them repeatedly. He knows the spirit of America. He is the author of The Bicameral Principle in the New York Legislature, a study of actual government in the Legislature of New York. He has also written several authoritative studies of the prohibition question. In his prohibition service Dr. Colvin has been not only at the head of the college movement but he has been also Vice-President of the National Temperance Council; Secretary of the Committee of Sixty; Secretary of the National Legislative Conference, com- posed of official representatives of all the important national tem- perance and prohibition organizations; Treasurer of the United Committee on War Temperance Activities in the Army and Navy; Director of the World Prohibition Federation and of the Interna- tional Reform Bureau. In 1916 he was Executive Secretary of the Prohibition National Campaign Ccismittee. He has taken a leading part in securing fuller cooperation among the various anti- liquor organizations. He was Prohibition nominee for the United States Senate from New York in 1916 and for Mayor of New York yin LOL: In 1918 he served as a Captain in the United States Army. In 1919 he visited about half of the universities of France, England, Scotland and Belgium in the interest of world prohibition. In the campaign both candidates made extensive speaking tours reaching from Coast to Coast. Owing to the disintegration of the party organization, the ticket was on the ballot in only twenty- five states. Many people thought they had to vote for the less wet of the two major party candidates in order to keep the wetter one out of the Presidency. Interesting features of the election were the splendid votes for United States Senator received by two women, who were the Prohibition candidates in their respective states. Mrs. Ella A. 464 PROHIBITION IN THE UNITED STATES Boole in New York polled 159,477 votes, and Mrs. Leah Cobb Marion in Pennsylvania polled 132,610. THE CAMPAIGN OF 1924 Because of the intolerable situation in relation to adminis- tration, the very function preeminently stressed by the Prohibition party throughout its history, the Prohibitionists, although badly disorganized, determined they could not do otherwise than con- tinue the battle for prohibition administration. Only a few, however, as yet discerned the real situation and those were largely the ones who were both grounded in the Pro- hibition party philosophy and well posted on current events. The convention of 1924 was held at Columbus, Ohio, where the first nominating convention had been held fifty-two years before. It was held June 5 and 6, before the conventions of the other parties which many regarded as a mistake from a tactical standpoint, although there was nothing which ‘transpired at the other conventions to lessen the need of the Prohibition party. Mr. H. P. Faris, of Missouri, was Chairman of the convention and Mr. William F. Varney, of New York, Secretary. There were a few present who were opposed to the party con- tinuing, not because there was not, as their leading spokesman said, great need of a party but because under the existing condi- tions the Prohibition party was not able to perform the great work of amalgamating the millions of voters who desired proper en- forcement of law. However, most of those present, seeing no prospect of any other party arising, went ahead and adopted a platform and made nominations. PLATFORM OF 1924 The Prohibition Party in National Convention at Columbus, Ohio, this sixth day of June, 1924, recognizing Almighty God as the source of all governmental authority and that the principles enunciated by His Son, Jesus Christ, should guide in all matters pertaining to government, makes the following declaration of principles: Our Party and Its Philosophy Four years of nullification of the Eighteenth Amendment by the Democratic and Republican officials have demonstrated the sound- ness of the philosophy of the Prohibition party that a law con- ferring a right will enforce itself, but a law prohibiting a wrong, financially and politically entrenched, requires a party thoroughly committed to its maintenance and enforcement. Little or no im- provement can be expected so long as the friends of the prohibitory law divide themselves among political parties seeking the votes of THE PROHIBITION PARTY, 1917-1925 465 the law violators and the nullificationists, which votes are regarded to be as necessary to the success of those political parties as are the votes of the law-abiders. The astounding revelations of corruption and maladministration in government, extending to the Cabinet itself, are but the inevitable consequences of the moral bankruptcy of a political party which, perpetuating the old liquor régime, is dependent upon the wet vote for its margin of plurality. International Relations The time is past when the United States can hold aloof from the affairs of the World. We support the proposal for the entry of this country into the Court of International Justice, as an important step for substituting law for force in the settlement of international disputes. Labor, Capital and the General Public While adhering to our time-honored position of demanding justice for both Labor and Capital, we declare that the interests of the general public are paramount to both. Therefore, we favor the speedy enactment by Congress and the several state Legislatures, each in its respective jurisdiction, of such legislation as shall im- partially protect all three of these classes. Agriculture In the constantly increasing trend of population from the country into the towns and cities, with the constant abandonment of the farms, this country faces a grave peril. It is self-evident that the farmer, with his investment in his lands, buildings, live-stock, machinery, tools, and labor, ought to receive more than one-half of the dollar paid by the consumer for the products of the farm, where no process of manufacture intervenes. If given power, we will by appropriate legislation endeavor to secure to the farmer his just share of the proceeds of his toil. Conservation All natural resources, including mineral, oil, and timber lands, water powers and other wealth still remaining to the United States after the wasteful and profligate administration of corrupt old party officials should be held perpetually and operated to produce revenue for the use of the Government. They must not be ruthlessly squandered by men or corporations for their own enrichment, nor must they become the collateral of political parties for promissory notes issued for value received. Unjust Ballot Laws We denounce the enactment by the Republican and Democratic parties in many states of unjust and discriminatory election laws, 4.66 PROHIBITION IN THE UNITED STATES that make it almost, and in some states entirely impossible for minor parties to retain their place on the official ballot, or for new parties to be formed, and we demand their repeal. The Bible in the Schools The Bible is the Magna Charta of human liberty and national safety and is of highest educational value. Therefore it should have large place in our public schools. Americanization of Aliens Recognizing the fact that there are large numbers of unassimilated aliens now in this country who, in their present condition and en- vironment, are incapable of assimilation, and are therefore a menace to our institutions, we declare for an immediate, scientific investi- gation, looking forward to a constructive program for American- izing these aliens. Separation of Departments of Government We deplore the prevailing disregard by the parties in power of the Constitutional division of governmental powers into Legislative, Executive, and Judicial branches, and when placed in authority we pledge strict observance of such division. Woman and the Home We approve and adopt the program of the National League of Women Voters for public welfare in government in so far as a strict regard for the division of powers under our dual form of government will permit. Civil Service We favor the extension of the merit system to all the agencies of the Executive branch of our government. Free Institutions We favor freedom of speech, a free press, our free public school system, and compulsory attendance in our public schools. We are unalterably opposed to public monies being used for sectarian pur- poses. We favor keeping open to public inspection all places where public wards are cared for. Conclusion On this record of principles, and on its record of long-time faith- fulness and vision, proved by the many reforms which it was the first to advocate, the National Prohibition Party summons all those who favor suppression of the liquor traffic, the enforcement of law, the maintenance of constitutional government, the purification of our politics, honesty and efficiency in administration, and the building of a better citizenship, to join with us in a new alignment in a political party to achieve these transcendent objectives. THE PROHIBITION PARTY, 1917-1925 467 THE NOMINEES For President. Herman P. Faris, of Missouri, was nominated for President. He was a man with a long record of devoted service to the cause of prohibition. He had been three times can- didate for Governor of Missouri and for twenty-four years had been a member of the Prohibition National Committee, having served twelve as its Treasurer. He was an indefatigable and aggressive worker for prohibition. In 1916 almost single-handed he inaugurated a prohibition campaign in Missouri even against the opposition of more conservative organizations. The state outside of St. Louis rolled up a majority for prohibition, Kan- sas City voting for prohibition. He had spoken for prohibition in many states. Mr. Faris was a well-known banker and an active layman in the Presbyterian church, having been several times a commissioner to the General Assembly of that church. In his address as temporary chairman of the convention he emphasized putting religion into politics. For Vice-President. For the first time in the history of the regular political parties a woman was nominated on the national ticket. Miss Marie C. Brehm, of California, was nominated for Vice-President. She, like Mr. Faris, had given a lifetime of service to the prohibition cause. Both Mr. Faris and Miss Brehm had been born in Ohio, As a young woman Miss Brehm be- came identified with the Woman’s Christian Temperance Union. Miss Willard made her national superintendent of the Franchise Department of the national Woman’s Christian Temperance Union. She served as state president of the Equal Suffrage Association of Illinois and for some years as state president of the Woman’s Christian Temperance Union of that state. She was twice appointed by the President as a representative of the United States at the International Anti-Alcohol Congresses held in Europe. She possessed very superior intellectual endowment. She was a woman of dignity, ability and an exceptionally able parlia- mentarian. She would have made a very distinguished presid- ing officer of the United States Senate. At the meeting of the National Committee Dr. B. E. P. Prugh, of Pennsylvania, was chosen National Chairman. For some years he had been State Chairman in Pennsylvania. During the campaign the candidates spoke in a number of the states but owing to the disorganized condition of the Party and 468 PROHIBITION IN THE UNITED STATES the difficulties in many states in getting on the ballot, the ticket was on the ballot in only fifteen states. A meeting of the National Committee was held in Washington, D. C., in December, 1924. The situation regarding both the enforcement of the Eighteenth Amendment and the condition of the party was considered and it was agreed that the Prohibition party should continue to carry on its work. Another meeting of the Prohibition National Committee was held in December, 1925. By that time the unsatisfactory char- acter of prohibition enforcement and the political reasons therefor had become still more evident. There was an increasing convic- tion that the objectives of the Great Reform would not be ac- complished until there should be a political party in power com- mitted to prohibition as a matter of principle. The old political parties permeated through and through with subserviency to liquor politics had demonstrated themselves unworthy and in- capable of effectuating the Reform. There was felt to be an overwhelming need for a new politics inspired by high moral ideals, a new politics which should exalt righteousness in govern- ment, a new politics with vision and capacity commensurate with the possibilities of the new age.’ After fifty-six years of history the Prohibition party faced anew its unfinished task, its greater objectives ahead. At the fiftieth anniversary in I919, soon after the ratification of the Eighteenth Amendment the Prohibitionists looked to the past. In 1926 they look to the future.® 2 At this meeting D. Leigh Colvin was elected Chairman of the Prohibition sae Committee. Headquarters were moved to 150 Fifth Avenue, New York ity. 3In writing this book it was planned until the last to have a chapter sum- marizing the Prohibition party’s remarkable record of statesmanship upon the other governmental problems confronting the nation. A party which has the record of having been the first party to advocate each of the last four amend- ments to the Constitution and which had enunciated such sound and constructive policies relating to world peace, labor and many other questions deserves to have it more widely appreciated. But as the book had so lengthened it was decided to confine the special chapters to the various aspects of prohibition. The platforms, which have all been given in full, speak for themselves. The author prepared an extended chapter on “The Personalities of the Party” which included tributes to many individuals and groups who through the years performed loyal service to the Party. But after mentioning or listing about 2,500 prominent Prohibitionists, the space permitted compared with their deserts was so inadequate, and the mere listing without telling more of their service was so un- satisfactory without expanding an already large book into another volume, that the publication was given up. This accounts for some omissions in this book which had been planned to include a fuller recognition of the orators, editors, political philosophers, book writers, prominent contributors, organizers, field workers, state and county chairmen and the many consecrated, faithful workers of the rank and file who labored and sacrificed to make a better country. In the Appendix are included the names of the official leaders of the Prohibition party, including every candidate for Governor in every state from 1869 to 1925, the members of the Prohibition National Committee, and the State Chairmen. ee THE PROHIBITION PARTY, 1917-1925 469 SELECT BIBLIOGRAPHY—I920-1925 General. Vitson, Harotp D.—Dry Laws and Wet Politicians, 1922, 108 pp. SHAW, Etton R.—Prohibition Going or Coming, 1924, 493 pp. Tirton, EvizaperH—Save America, 1923, 128 pp. Miner, Duncan C.—Lincoln and Liquor, 1920, 155 pp. Wuite, Cuartes T.—Lincoln and Prohibition, 1921, 233 pp. Mires, WALTER R.—Alcohol and Human Efficiency, 1924, 298 pp: Carver, THomas Nixon—The Greatest Social Experiment in Modern Times, These Eventful Years (Cyclopedia Bri- tannica), Vol. 2, pp. 583-600, 1924. Watnut, T. HENry—Editor, Prohibition and Its Enforcement, 1923, 325 pp. American Academy of Political and Social Science. Haynes, Roy A.—Prohibition Inside Out, 1923, 308 pp. SMITH, Frep B.—Editor, Law vs. Lawlessness, 1924, 186 pp. FarRNuM, Pror. Henry W.—Confessions of a Prohibitionist, 10229 22: pp Woopsury, NatHan F.—Prohibition in Maine, 1920, 30 pp. BeMAN, Lemar T.—Prohibition: Modification of the Volstead Law, 1924, 388 pp. Debater’s Handbook Series, Briefs and reading material for and against. CHALFANT, Harry M.—Father Penn and John Barleycorn, 1920, 291 pp. Results of Prohibition. The Prohibition Question viewed from the Economic and Moral Standpoint, Manufacturers’ Record, 1922, 84 pp., 4 vo. Pickett, DEets—How Prohibition Works in American Cities, O21. Ol pap)... VO; WILSON, CLARENCE TRUE, AND PicKETT, DEETtTs—The Case for Prohibition, Its Past, Present Accomplishments, and Fu- ture in America, 1923, 274 pp. Witson, Puitre W.—After Two Years—A Study of Ameri- can Prohibition (British Viewpoint), 1922, 115 pp. Gorpon, C. M., anp Girrorp—Three Thousand Miles of Pro- hibition (Australian Viewpoint), 1923, 295 pp. Gorpon, GirForp—Hold Fast America, 1922, 16 pp. STODDARD, Cora FRANcES—Prohibition in Massachusetts, 1922. STODDARD, CorA FRANcES—Wet and Dry Years in a Decade of Massachusetts Records, 1922, 54 pp. 470 PROHIBITION IN THE UNITED STATES STODDARD, CorA FRANCES, AND CORRADINI, R. E.—New York City under Prohibition: I. Drunkenness and Public Or- der; II. Prohibition and Public Health, 1923, 16 pp. and 8 pp., 4 vo. CorrADINI, R. E.—The Record of One Hundred American Cities, 1923, 80 pp., 4 vo. The Passing of the Saloons in New York City, 1923, 16 Pp.» 4 VO. The Bowery under Prohibition, 1923, 24 pp., 4 vo. Broadway under Prohibition, 1924, 24 pp., 4 vo. —A Ten Year Record of Arrests for all Causes and Arrests for Intoxication in the Principal Cities of the United States of America, 1924, 16 pp., 4 vo. Saloon Survey of New York City, 1925, 32 pp., 4 vo. PoLtock, Dr. Horatio M., and Forsusu, Epirn M.—De- cline of Alcohol and Drugs as Causes of Mental Diseases, 1921. Mental Hygiene, Vol. 5, No. 1, pp 123-129. Also, Alcoholic Psychoses Before and After Prohibition. GEMMILL, JuDGE WILLIAM N.—Results of National Prohibition in Chicago, 1923. Pamphlet. Jones, WesLey L.—Results of National Prohibition, Speech in U. S. Senate, Congressional Record, November 13, 1921. Cramton, Hon. Louis G.—Results of Three Years of Na- tional Prohibition; Congressional Record, February 24, 1922. Survey of the Alcoholic Liquor Traffic and the Enforcement of the Eighteenth Amendment, Report of Subcommittee on Alcoholic Liquor Traffic, House of Representatives, 68th Congress, Second Session, 1925, 14 pp. WHEELER, WayNE B.—Facing the Facts of Prohibition, Cur- rent Fistory Magazine, May, 1922. WILson, SAMUEL—Answered 77 Questions and Quibbles Re- garding National Prohibition, 1922, 26 pp. Current issues of The Union Signal, the national organ of the W. C. T. U., frequently contain many facts about the benefits of Prohibition. Beer and Wine. MacDonatp, A. B.—Whirlpools of Beer, Ladies’ Home Jour- nal, November, 1923. Can We Trust the Brewers?, Ladies’ Home Journal. STODDARD, CorA FrRANcEs—Massachusetts’ Experience with Exempting Beer from Prohibition, 1921. 5 THE PROHIBITION PARTY, 1917-1925 471 Vorsteap, Hon. A, J.—Light Wines and Beer and Prohibition Enforcement, Address reprinted from the Congressional Record, May 4, 1922, 16 pp. Witson, SAmuEL—Beer, Is It Intoxicating Liquor? 1923, 20 pp. The National Prohibition Law, Hearings before the Subcommit- tee of the Committee on the Judiciary, United States Senate, Sixty-ninth Congress, First Session, 1926. 2 vols. 1660 pp. Chapter X XV NATIONAL PROHIBITION AND ITS ADMINISTRATION 1920-1925 The purpose of this chapter is to present an authoritative but condensed summary of the results of National Prohibition in its early years, together with an analysis of the adverse governmental and political conditions underlying its administration which have obstructed its more perfect operation. National prohibition did not come suddenly. In addition to the generations of agitation, education and legislation, the later stages immediately preceding its adoption gave ample notice of its approach. Before the United States entered the World War in April, 1917, twenty-six of the forty-eight states, two more than half, had adopted state prohibition. A twenty-seventh was added before the proposed Eighteenth Amendment was submitted in December, 1917, and by the time it went into operation in January, 1920, thirty-three states had adopted state prohibition.* The federal war restrictions began to be adopted in May, 1917. The chief war measures were as follows: 1. The Selective Draft Act of May, 1917, forbade the sale of liquor to any officer or member of the military forces in uniform. Later the regulations also forbade the giving or serving of liquors to soldiers in uniform. Dry zones were established around camps and training stations. By the close of hostilities in November, 1918, there were more than five million men in the military forces under the operation of prohibitory regulations. 2. In the Food Control Act which became law, August Io, 1917, Congress prohibited the use of foods, fruits, food materials and feeds in the production of distilled spirits for beverage pur- poses to go into effect in thirty days. The distilleries were com- pelled to shut down by September 10, 1917. This act also authorized the President to regulate or prohibit the production of malt or vinous liquors. Bp aa a fuller discussion of the progress of state prohibition, see infra, Chapter XXIII. 472 NATIONAL PROHIBITION—1920-1925 473 3. On December 8, 1917, President Wilson issued a proclama- tion prohibiting after January I, 1918, the production of malt liquor containing more than 2.75 per cent of alcohol, except ale and porter. He also reduced by 30 per cent the amount of food materials which could be used in the production of malt liquor. 4. On September 16, 1918, the President issued a proclama- tion prohibiting after December 1, 1918, the production of malt liquors for beverage purposes including near-beer, whether or not such liquors contained alcohol, on account of the fuel necessities of the war industries. On October 1, 1918, the Food Adminis- tration prohibited the use of grain for making beer. These executive restrictions and prohibitions were relaxed, however, soon after the Armistice. 5. The War Prohibition provisions of the Agricultural Ap- propriation Bill passed Congress in August, 1917, but the bill as a whole became a law on November 21, 1918. It provided for the prohibition of the production of malt and vinous liquors after May 1, 1919, and for the prohibition of the sale of all liquors after June 30, 1919, until the conclusion of the war and the ter- mination of demobilization. Under war prohibition the saloons were illegal after June 30, 1919. 6. The Volstead Act to enforce war prohibition, and also con- stitutional prohibition when it should become operative, was repassed over the President’s veto, October 28, 1919. 7. The Eighteenth Amendment went into effect on January 16, 1920, one year after its ratification by the thirty-sixth state. The going into effect of the Eighteenth Amendment was thus the culmination of a succession of widely known prohibitions which helped to prepare the people for the notable day, January 16, 1920, when the death of John Barleycorn was celebrated in many parts of the country. The stopping of the manufacture of malt and vinous liquors on May 1, 1919, had shut off from the saloons their supply of beer, the beverage which had comprised more than nine-tenths of all intoxicants sold. Notwithstanding false and persistent wet propaganda that pro- hibition had been “put across” in some unaccountable manner the people generally were well prepared for it, with the possible exception of some urban centers on the Eastern seaboard. The great majority of citizens assumed that prohibition had become the established policy of the nation. Of those who had been opposed to it a large proportion acquiesced in its observance. One popular magazine after making a survey estimated that the 47 4 PROHIBITION IN THE UNITED STATES number of drinkers had been reduced from 20,000,000 to 2,500,000,” The liquor interests had made dire prophecies of rebellion. They claimed that the laboring men would rally to the wet slogan, “No beer no work,” and lay down their tools, but the aggressive propaganda carried on to this end fell flat. They fought prohibi- tion in the courts and employed high priced lawyers, including Elihu Root, but they were defeated in every case and at every point. They carried on a propaganda trying to discredit prohibi- tion by asserting that it had been “put across” contrary to the wishes of the soldiers and by a minority. But at the elections held after the soldiers returned from the army greater majorities were given for prohibition than before. The first year of national constitutional prohibition brought such a widespread compliance with the law that the results pro- duced were so decisive and the benefits were so extraordinary that they may be described as almost miraculous. Some of the results are summarized in the next few pages. The aim has been to assemble in a condensed form the results of the most authoritative investigations which have been made and to present in broad outline some of the benefits which have accrued. Where statistics are available the aim has been to com- pare those for the period preceding 1917, when the war restric- tions began, with the first year of national prohibition, 1920. RESULTS OF PROHIBITION I. Social. A, Arrests for drunkenness. The arrests for drunkenness in fifty leading cities, the statistics of which were collected by Judge Gemmill of the Municipal Court of Chicago, fell from 302,074 in 1917 to 110,149 in 1920, a decrease of O2 DET ACen be A study made by Mr. Robert E. Corradini shows that, in 185 cities from which complete statistics were obtained, the average annual number of arrests for intoxication per thousand of popu- lation in the four years preceding 1917, IQ13 to 1916, was 23.4, and that the number in 1920 fell to 8.7, a reduction of 62 per cent. ; Even in the statistics gathered and promulgated by the wets it was revealed that in 349 cities, for each 100 arrests for drunken- ness in 1914 there were only 37 1n 1920 in proportion to popu- 2 Cosmopolitan Magazine, December, 1921; article by William G. Shepherd, 8 The New York Times, June 3, 1923. NATIONAL PROHIBITION—1920-1925 AN5 lation, a decrease of 63 per cent. Arrests for drunkenness were at their maximum in 1916 from which their fall by 1920 was over 64 per cent.* In a later assembling of data covering statistics from 626 cities, from 1917 to 1924, the index number of arrests for drunkenness fell from 116.1 in 1917, the first year in which statistics from this number of cities are available, to 41.3 in 1920. In other words, the proportion of arrests for drunkenness in all these 626 cities was less than 36 per cent as great in 1920 as in I9QI7. These figures were presented at the hearings before the Sub- committee of the Committee on the Judiciary, United States Senate, April, 1926, page 1470. It should be said that the number of arrests for drunkenness is by no means an accurate measure of the actual amount of drunkenness, in many sections not even a close approximation. The arrests for drunkenness reflect primarily the attitude of the police administration, and the attitude of the police administration may be affected by several factors, such as the changing moral standards of the community, political influence, the desire to make a record, or the desire to influence public policy. It is generally recognized that as a general rule a much larger proportion of the people actually intoxicated are arrested under prohibition than under license. Under prohibition intoxication is an indication that the law has been violated and it is natural that the instances of drunkenness should be brought more con- spicuously to public attention than was the case when the saloon was recognized as a part of the current social order. Prohibition having set up a higher standard relating to liquor, having made a traffic unlawful which was formerly lawful, the natural effect would be that this higher standard would be re- flected by the police. This, combined with the public attention being directed to intoxication, would normally cause the police to arrest a larger proportion of those who are intoxicated than was the case under license. Under license drunkenness was the common result of the system and unless it was accompanied by disorderly conduct or flagrant breaking of the peace it was seldom that arrests were made. A more than 64 per cent decline in the arrests for drunkenness the first full year of prohibition, remarkable as that decline was, does not, therefore, reveal in full degree the contrast between the license and the prohibition periods. 4 Report of Moderation League, 1925—supplemented by article in New York Times, December 3, 1925, correlating arrests for drunkenness with growth of population, giving index numbers. 476 PROHIBITION IN THE UNITED STATES B. Prison Population. Judge Gemmill collected the prison statistics from a number of the leading states and he did not find a single state or a single prison where there was not a marked decrease in the prison population in 1919 and 1920. In Massa- chusetts the prisoners in all prisons in 1915 numbered 6,663; in 1920, 2,352. In the Chicago Bridewell the prison population, January 1, 1917, was 1,818; on January I, 1920, after six months of national war prohibition, it was 717.° In New York State the prison population decreased from 5,486 in 1916 to 3,879 in 1920. The prison population in 1923 in- creased over 1920. But the United States census report shows that the penal population of the country dropped from 121.2 per 100,000 in 1910 to 99.7 per 100,000 in 1923, a remarkable de- crease notwithstanding that prohibition had made the traffic in liquor a new crime, thereby adding to the prison population those violators of the prohibition law who received jail sentences. C. Commitments to Prison. In Indiana the average annual number of commitments to jails and to penal and correctional institutions in the years 1913-1916 was 42,128. In 1920 the number was 17,182, a decrease of 59 per cent.® In Washington, D. C., the average number of commitments to the workhouse in the years 1914-1916 was 6,506. In 1920 there were 883, only slightly more than one-eighth as many." In New York State the Annual Report of the State Commis- sion of Prisons for the year 1920 shows that the commitments to prisons, reformatories, penitentiaries, county jails and penal institutions fell from an average of 113,582 in 1913-1915 to 59,033 in 1920, a decrease of 48 per cent. The Report attributed the reduction in prison population to the curtailment of the liquor traffic and to the opportunities for employment at high wages. The maintenance of high wages, as will be shown, was attributable largely to prohibition. In Connecticut the penal and reform commitments fell from 1,166 per 100,000 in 1916 to 378 in 1920, a decrease of 67 per cent. County jail commitments fell from 1,105 per 100,000 in 1916 to 322 in 1920, a decrease of 70 per cent.® Prohibition was indeed providing a vital personal liberty to 5 Hon. Louis C. Cramton, Congressional Record, February 14, 1923, speech on “Three Years of National Prohibition.” 6 E, S. Shumaker, Indiana Wet and Dry. 7 Senator Wesley L. Jones, Congressional Record, November 15, 1921; speech on “‘Results of Prohibition.” 8T, Justin Steuart, $100,000,000°' Saved Connecticut in Three Dry Years (pamphlet). NATIONAL PROHIBITION—1920-1925 ATT the thousands who otherwise would have been incarcerated—de- prived of all liberty. D. Decrease in Crime. There was a decided: decrease in the more serious crimes following the going into effect of prohibi- tion. In New York City offenses against the person decreased from 15,147 in 1916 to 9,862 in 1920. Offenses against chastity decreased from 5,594 in 1916 to 3,610 in 1920. Offenses against family and children fell from 5,948 in I916 to 3,869 in 1920.9 In 1925 the Police Commissioner of New York City reported that serious crimes of violence such as murder, felonious assault,. assault and robbery, and burglary had decreased from 1 3,143 in 1917 to 8,548 in 1924. In Massachusetts the average annual number of arrests for all causes in the years 1913-1916 was 177,153, with the number steadily increasing. In 1920 the number of arrests for all causes was 115,626, a decrease of 61,527, or nearly 35 per cent. Be- tween 1917 and 1920 the decrease was over 40 per cent,?? In Chicago, the felonies, misdemeanors and quasi-criminal cases filed in the Municipal Court diminished from 129,817 in 1918 to 109,899 in 1920. The cases in the Morals Court fell from 7,745 in 1918 to 4,844 in 1920, a decrease of 37 per cent. In Connecticut commercialized sex offenses fell from 2 7ee 100,000 population in 1916 to 7 in 1920, a decrease of 74 per cebhd? E. Offenses of Women and Children. In Massachusetts the average number of women annually arrested for drunkenness in the years 1913-1916 was 7,488, with the number increasing. In 1920 the number of women arrested for drunkenness was 1 868. The number saved from arrest by prohibition was 5,020, or over 75 per cent.%® The number of women in all penal institutions in Massachu- setts fell from an average of 762 at the close of the institutional years 1913-1916 to 269 in 1920, a decrease of 64 per cent.** The arrests in Boston of youths under fifteen years fell from an average in the period 1913-1916 of 2,386 to 1,828 in 1920, a decrease of 23 per cent. Arrests of minors for drunkenness fell 9New York City Under Prohibition; data compiled for the Committee on Prohibition Studies appointed by The National Temperance Council, edited by Miss Cora Frances Stoddard and Mr. Robert E. Corradini. 10 Cora F. Stoddard, Wet and Dry Years in a Decade of Massachusetts Public Records, p. 13. 11 Clarence True Wilson and Deets Pickett, The Case for Prohibition, p. 1209. 12 Steuart, op. cit., p. ro. 13 Miss Stoddard, op. cit., p. 14. 14 Ibid., p. 16. 478 PROHIBITION IN THE UNITED STATES from an average of 644 in those years to 326 in 1920, nearly one-half.*° It should be said that the best social statistics available are those in Massachusetts and an excellent study of them has been made by Miss Cora Frances Stoddard, the results of which were published in a 54-page book, Wet and Dry Years in a Decade of Massachusetts Public Records. ‘This is the best study thus far made from official records. Massachusetts however does not afford as good an example of the benefits of prohibition as many other states, as not until late in 1924 did that state have even a moderately satisfactory state enforcement law to provide for the cooperation of the state officials in the enforcement of the Eighteenth Amendment. In Chicago the cases of juvenile delinquency for the three years 1917-1919 averaged 3,148 and in the three years 1920-1922 they averaged 2,294. In the years preceding national prohibition the number of cases of juvenile delinquency had been going up each year. Beginning with 1920 the number went down each year. In the first three years of prohibition 2,563 less children were delinquent in Chicago than in the three years before prohibition.*® In New York City the cases of juvenile delinquency decreased from an average of 977.09 per 100,000 population, ages 7 to 15 years, in the five-year period 1910-1914 inclusive, to 646.25 in 1920 and decreased further to an average of only 547.21 in the five-year period 1920-1924. In other words, the statistics demon- strate the striking fact that the number of cases of juvenile delinquency in New York City in the first five-year period under prohibition was only 56 per cent as great as in the corresponding period a decade earlier, 1910-1914. PF, Alcoholic Cases. In Bellevue Hospital, New York, the alcoholic cases fell from 10,691 in I9g10 to 2,001 in 1920, a , decrease of 81 per cent. Compared with the total number of cases treated the alcoholic cases fell from 31.9 per cent in 1910 to 5.8 per cent in 1920. In the Washingtonian Home in Chicago, an institution for the care of drunkards, in the years 1910-1919 the average number of cases treated was 921, of which 56 per cent had delirium tremens. In 1920 the number of cases of all kinds was only 125, of which only three had delirium tremens. Out of about 240 institutions for the care of inebriates which had treated hundreds of thou- sands of patients, nearly all were closed. There had been 68 15 Miss Stoddard, op. cit., p. 19. . 16 Judge William N. Gemmill, Prohibition in Chicago. NATIONAL PROHIBITION—1920-1925 479 Neal Institutes which in the last twelve years before prohibition had treated 125,000 patients. After two years of prohibition they were all closed. There had been fifty Keeley institutes, some of them very large. Nearly all went out of business. G. Deaths from Alcoholism. This is a field where the statistics are by no means an accurate register, due especially to the long existing disinclination to report a death as due to alcoholism if there was any other attributable reason. It is probable that under prohibition a much larger percentage of the deaths actually due to alcoholism are so reported due to the fact that the extra poisonous character of the illicit liquors, which some persist in drinking, produces sudden death, the reason for which is evident and unescapable. But taking the figures as given in official statistics, the deaths from alcoholism in the registration area of the United States, comprising about 82 per cent of the total population of the country, were reduced in 1920 to less than one- fifth, in proportion to population, of what they averaged in the five-year period ending in 1916. The rate fell from an average of 5.2 per 100,000 in those years to 1.0 in 1920. In nineteen large cities, each over 300,000 population, the reported deaths from alcoholism fell from a total of 1,954 in. IQ16 to 321 in 1920, a decrease of 83 per cent. In New York City the deaths from alcoholism fell from 687 in 1916 to 98 in 1920. Among the millions of industrial policyholders of the Metro- politan Life Insurance Company the alcoholism death rate fell from a rate per 100,000 policyholders of an average of 4.9 in the five years ending in 1916 to .6 in 1920.27 H. Decline in General Death Rate. There was a decided de- cline in the general death rate. It declined from an average of 13.84 in the five-year period, 1912-1916, to 12.12 in the five-year period, 1920-1924, a reduction of nearly one-eighth. Based upon the present population, the decline in the death rate means over 192,000 less deaths per year than in the pre-prohibition period. The decline was not due entirely to prohibition but a large share should be so attributed. The steady decline in the death rate from tuberculosis was notable, it having fallen 36 per cent from the period 1912-1916 to 1923. Among the reasons were better home conditions and better nutrition made possible through the economic benefits of prohibition, as well as the diminished consumption of alcohol. 17 Cora F, Stoddard, “Alcoholism Mortality in Large American Cities” in Scien- tific Temperance Journal, Spring, 1924, 480 PROHIBITION IN THE UNITED STATES There were also large decreases in the death rate from other diseases in which alcohol had been a factor due to its depression of vitality and its breaking of protective barriers.*® I, Alcoholic Insamty. Alcoholic insanity cases admitted to the New York State hospitals decreased from an average of 5.4 ~ per 100,000 population in the eight-year period ending 1916, and 5.6 in 1916, to 1.2 per 100,000 in 1920."° In Massachusetts the first admissions to insane hospitals fell from the average of 313 for the five years ending 1916 to 102 in 1920.”° In Massachusetts in 1917 of all the first admissions to the insane hospitals 27.67 per cent were known to be of intemperate habits. In 1920 only 10.57 per cent. J. Decrease in Pauperism. Throughout the country there was a decided decrease in pauperism and poverty. In Boston the admissions to almshouses which during the five years preceding 1917 averaged 3,836, fell to 1,261 in 1920, a decrease of 67 per Cent In Chicago the number of the inmates of the Oak Forest In- firmary, or poorhouse, fell from 8,904 in 1916 to 6,283 in 1920. In New York the daily average of lodgers in the Municipal Lodging House for the years 1914-1916 was 661, in 1920 it was 70. Most of the statistics thus far given are from the large centers of population where the saloon was the most deeply entrenched, where alcohol had debauched the people the worst and where naturally it would be the most difficult to reform conditions and achieve a full degree of the social benefits of prohibition. Only a minute fraction of the benefits of prohibition can be measured by the statistics relating to such subjects as arrests for drunkenness, crime, insanity and pauperism above recorded. Not- withstanding the very remarkable statistical facts above given of the results of national prohibition in its first year, by far greater benefits were experienced by the vast multitudes of people who are never included in such statistics. KK. Removal of the Saloon. Prohibition to a very large degree removed the temptation of the open saloon with its ubiquitous invitation to drink. Before prohibition, in 1916, there were 18 Dr. Howard A. Kelly, “Health and Morals Under Prohibition” in Health, February, 1924, republished in Congressional Record of December 20, 1924, under ‘‘Extension of Remarks” of Hon. William D. Upshaw. yi Dr. Horatio M. Pollock, Alcoholic Psychosis Before and After Prohibition, toa 20 Cora Frances Stoddard, Wet and Dry Years in a Decade of Massachusetts Public Records, p. 55. NATIONAL PROHIBITION—1920-1925 481 184,718 retail liquor selling places holding federal internal reve- nue receipts, most of which were saloons. Allowing twenty-five feet front, these would extend in unbroken line side by side farther than from New York to Chicago. Nearly every one was a center of degraded sociability, debauchery, degeneracy and law- lessness. It is significant that even the most aggressive wet propagandists have nothing good to say of the saloon. They ‘admit that the saloon was bad and they profess they do not wish it to return. Prohibition closed most of the saloons and outlawed the rest. Those saloons which continued illicitly sold only a fraction of the liquor they formerly sold. 2. Economic. Prohibition has wrought an economic revolution, the most sig- nificant and far-reaching since the industrial revolution of over a century ago. A. Diversion of Drink Expenditure. Despite the fact of very imperfect enforcement, prohibition has diverted the expenditure of approximately two billion dollars a year from a wasteful and injurious traffic to industries which are useful and beneficial. In fact it undoubtedly diverted more because the nearly two and a half billion dollars which were wasted annually before the war would have greatly increased if it had not been for prohibition. If the drink bill had increased in the eleven years from 1914 to 1925 in the same proportion as it did in the eleven-year period preceding 1914, before the progress of prohibition had checked the liquor consumption, by 1925 the drink bill would have amounted to about three and a quarter billions, not taking into account the post-war moral reactions and the general rise in the scale of prices. The latter would have increased this amount about 60 per cent, or to over five billions. Furthermore, the liquor industry was a parasitic industry which employed only a relatively small amount of labor in the manu- facture of its product, compared to other industries, and required only a relatively small amount of raw materials. According to a study based on the statistics of the census of 1910, the manu- facture of liquor required only about 40 per cent as much raw materials as the average of twenty other leading industries and employed only about one-third of the labor.** Prohibition thus diverted the expenditure to other industries which employed much more labor and required much more raw 21 American Prohibition Year Book, 1915, article on “Economic Aspects of the Liquor Problem,” p. 44; also, Waldron, Prohibition Handbook, pp. 20-34; and H. S. Warner, Social Welfare and the Liquor Problem, pp. 103-111. 482 PROHIBITION IN THE UNITED STATES materials, which in turn required a correspondingly larger amount of labor to produce. Prohibition thus not only withdrew billions of expenditure from an injurious traffic but by diverting them to legitimate industries it set in operation an ever- -expanding series of economic forces unprecedented and unparalleled in scope and beneficence. B. Increased Productivity. Prohibition has greatly increased productive capacity. To the extent that men have become free from the incubus of alcohol, they have clearer minds, steadier nerves, better judgment, are more industrious, more ambitious and more inventive. The efficiency of workingmen has greatly increased. Factories have been able better to utilize their machine power. Fewer machines are idle through the absence of workers on ac- count of illness or drink. Thus the productivity of both the machinery and the workmen has been increased. Many employers have reported that under prohibition the tape turnover is smaller. The men are steadier and the industry does not lose in output by reason of having to break in new men. Industrial accidents, a great drain upon industry as well as disastrous for the victims, have greatly decreased under prohibition. With productivity greatly enhanced, there has been made pos- sible a largely increased return to both labor and capital. Accord- ing to generally accepted economic theory productivity is the basis of returns to both labor and capital. Prohibition thus has made possible higher wages for labor as well as greater prosperity for capital. C. Enlarged Demand. The diversion of a large proportion of the colossal drink bill, plus the fact that the expenditure is for commodities requiring much more labor and raw materials to produce, plus the greater productivity of industry with higher wages and more to spend have created an unprecedented demand for the products of legitimate industries. Prohibition has made possible new markets and stimulated production to supply the new demands. Better homes, better furniture, better clothes, better food and better recreation are demanded. More raw materials, more products of the farm, the forest, the mine and the oil well have been required. These, in turn, have demanded more labor for their production and more factories and labor for their manu- facture. The increased demand for labor has helped to keep wages high and thus there has been prosperity for all. ee ee eee NATIONAL PROHIBITION—1920-1925 — 483 D. Higher Standard of Living. Prohibition has raised the standard of living. Sober workingmen have higher tastes than those whose brains are perverted, senses blunted and _ tastes coarsened by alcohol. Under prohibition labor produces more, earns more, obtains higher wages, has more wages to spend. It also spends both the money formerly spent for liquor and also | the increased wages which increased productivity brings for com- ~ modities which require much more labor to produce than did liquor. This in turn greatly increases the demand for labor which results in maintaining higher wages wherewith to support the higher standard of living. Prohibition thus furnishes the will for a higher standard of living and also the means, the economic basis, whereby it may be maintained. This higher standard of living has been evidenced in a thou- sand ways. American workingmen have been buying not only necessities but comforts and luxuries on a tremendous and un- precedented scale. Perhaps the most notable evidence of the widespread rise in the standard of living has been the increase in automobiles, increasing from 1,700,000 in 1914 to over 20,000,000 in 1925. E. Benefits to Labor. Prohibition has brought immeasurable benefits to labor. It has been an outstanding factor in main- taining wages at the high level of war times and even higher. As a result of prohibition, even though it is poorly enforced, labor is more efficient, produces more, is worth more and receives more real wages than ever before. Higher wages are due not only to greater productivity but also to the effect of the tremendously increased demand for labor. Prohibition makes possible the maintenance and enjoyment of a higher standard of living with increasing opportunities for betterment and an expanding content to life for the masses of the people. Prohibition has strengthened the cause of organized labor. It has increased reserve power, poise and judgment in labor diff- culties, rendering conflicts less frequent and strikes less common. Says Congressman John G. Cooper, himself a labor unionist and one of the foremost supporters of prohibition in Congress: Prohibition is making a capitalist of the worker, creating a gen- eral ownership of the means of production and solving a strife that once seemed perpetual. Greater gains have been made by labor since the adoption of the Eighteenth Amendment, with fewer strikes, than in any equal period of time. When the saloon closed, the “poor man’s club” may have vanished, but we are replacing it today 484 PROHIBITION IN THE UNITED STATES with comfortable homes, fine labor temples and a chain of strong labor banks. Not only have workingmen in vast numbers been buying com- fortable homes and automobiles but their accumulating savings have come to be a not inconsiderable factor in the supply of capital for the expansion of industry. Not only is labor establish- ing an increasing number of labor banks, but it is supplying a large and increasing number of small investors for various en- terprises. Thomas’ Nixon Carver, Professor of Economics in Harvard University, stated in 1925 that the investments of workers in the shares of corporations are increasing so rapidly that all statistics are “out of date before they are published.” Prohibition is helping to wipe out the distinction between the “haves” and the “have nots.” The American workingmen be- long to the “haves.” Prohibition is promoting a better distribu- tion of wealth, a greater equality of opportunity, a more ideal economic society.”” F. Enhanced Credit. Prohibition has enhanced credit. This is a factor exceedingly important in modern business. It adds to purchasing power. The sober man is more dependable. The bases of credit are tremendously increased, such as investments in homes, in life insurance, savings banks, building and loan asso- ciations and the securities of corporations. Mr. R. H. Scott, President of the Reo Motor Car Company, says: Prohibition has raised the credit of practically every human be- ing in America. Defalcations are comparatively few. Families are able to pay their current bills and meet their installments because the liquor bill is gone. Men who could not have “hung up” the bartender for a drink in the old days are now considered good risks for a motor car. G. Fiscal Results. Prohibition has produced fiscal results which are amazing. It has made a broader base for taxation and rendered easy the problem of finding new revenues to take the place of the old license fees. By increasing productivity and stimulating industry prohibition has added enormously to the wealth of the nation capable of being taxed. ‘The increasing mil- lions of people receiving taxable incomes testify to the rapidly expanding and widely distributed national wealth. In its effect upon real estate alone prohibition has caused a marvelous increase in values. Not only has home building been 22 For a further discussion of the economic aspects of prohibition, see Chapter XXVIII, ‘‘The Principle of National Prohibition.” a Se ee a NATIONAL PROHIBITION—1920-1925 485 promoted and have new buildings to house expanding enterprises been required, all of which adds to realty values, but the saloon sites themselves have been so transformed as to add much to taxable values. Saloons have been supplanted by banks, office buildings, depart- ment stores, chain stores, grocery stores, restaurants, movie theaters, art shops, soft drink shops, candy and coffee shops, and other enterprises. Many ramshackle buildings, good enough for saloons, have been supplanted by high class modern ones. A comparative study was made of the assessed valuation of forty-eight properties on Broadway, New York City, which in 1916 housed saloons but which were discontinued. The increase in the valuation between 1916 and 1923 was sufficient that a tax of only one per cent on the increase alone would supply about five times the revenue, state and local, paid by the former saloons. In 1924 motor vehicle taxes alone amounted to nearly one and a half times the maximum ever received from liquor, national, state, and local combined, except in the war fiscal years, 1918 and 1919. Experience under prohibition has proven the soundness of Gladstone’s famous statement: ‘“Give me a sober nation and I will find the revenue.” H. Prohibition and Post-War Prosperity. Prohibition was a great factor in maintaining and augmenting prosperity in the United States in the critical period following the World War. The stupendous economic benefits are all the more amazing con- sidering that they were achieved in the face of an economic de- pression almost worldwide in extent. Prohibition went into effect just following the most destructive war of all history, a period when nearly every nation was financially exhausted, when our foreign markets were greatly curtailed and when the world was beset by extremely serious post-war reactions, economic, political and moral. Prohibition was undoubtedly a very great factor in saving our country from a serious economic depression. Contrary to popular impression abroad, the United States did not grow rich out of the World War. On the contrary, she put nearly forty billions into the war. A noted financial authority writing in the Wall Street Journal in 1925 pointed out that America lost heavily in the war but made its money afterwards. He pointed out that the great concerns which furnished ordnance, gunpowder, provisions and other supplies did not gain perma- nently from the war but rather suffered. A large part of their profits were placed in over-expanded plants or lost in the fall of post-war inventories. This writer says that after the war Amer- 486 PROHIBITION IN THE UNITED STATES ica went to work, paid higher wages and multiplied the output of men and machines in peaceful pursuits and that it was this which made us prosperous. In this prohibition played a great part. It made men more industrious and efficient. They produced more. This made them worth higher wages. Higher wages together with enhanced credit gave larger purchasing power. These factors together with the diversion of billions from former liquor expenditure and the higher standard of living vastly increased the demand for commodities. The demand for labor to produce these com- modities helped to keep wages high and the standard of living high with expanding wants. Increasing wants together with the increasing wealth of all classes expanded the home market and stimulated industry to such a degree that the curtailment of for- eign markets was not seriously felt, except by agriculture which had depended upon foreign markets for a large export surplus. But agriculture as a whole obtained a very much greater home market for its products than would have been the case without prohibition. The stimulus to industry and increased output continuously added to wealth and brought a prosperity hitherto unequaled and unapproached. Prohibition was helping to make America pros- perous beyond computation. Nor did the economic influence of prohibition stop with our own country. Increasing production resulting in increasing wealth followed by increasing wants created additional demand for the products of other nations which helped to revive international trade and to improve conditions throughout the world. For example, the widespread demand for automobiles required additional rubber for tires, which was supplied by Great Britain at a high price which, however, our productivity enabled us to pay. The profits from rubber in turn helped that nation to stabilize her economic system. The benefits were worldwide. 3. Educational and Moral. A. Prohibition’s effect upon education has been most salutary and far-reaching. Multitudes of young people who otherwise would have been compelled to leave school and go to work to help support the family have been enabled to continue in school and become better fitted for efficient citizenship. More and larger high schools have been required in all sections of the country and the colleges and universities are filled to overflowing. B, The church has a better opportunity to reach the masses of the people and to initiate great constructive programs. NATIONAL PROHIBITION—1920-1925 487 Catholic and Protestant churches alike reported a larger church attendance. In 1921, the second year of prohibition, church membership increased 1,200,000. Said Commander Evangeline Booth, the head of the Sal- vation Army in the United States, after citing the benefits of prohibition: It seems that in the future we shall have less to do with the grave and more to do with the cradle; less binding up of life’s broken plants, and more training of life’s untrammeled vines; that more of our energies will be thrown into work of prevention, which in the final analysis must be so much more valuable to the home, the nation and the Kingdom of God than even the most worthy work totmenre.).', % By the prohibition constitutional amendment a measure has been enacted that will do more to bring the Kingdom of God upon earth than any other single piece of legislation. Space does not permit a further massing of facts and figures regarding the benefits of prohibition. Sufficient to say is that almost the whole field of social, economic and moral welfare has shown a radical and unprecedented improvement under prohibi- tion. Early in 1922 the Manufacturers’ Record sent a question- naire to hundreds of leading men of affairs including large manu- facturers, employers of labor, bankers and university professors asking their judgment about prohibition. Ninety-eight and one- half per cent favored prohibition in some form, The following brief extracts suggest some of the moral and economic benefits as they appeared to these men: Happier homes with more contentment, cleaner and better social life, families happier. Increased buying of homes and food and clothes for women and children. A change in the habits and expenditures of the workers. Men are buying their own homes, have saving accounts and own auto- mobiles. A tendency toward thrift and contentment, comfort and happi- ness. Families are better cared for. An increase in savings de- posits. More and cleaner recreation, picture shows, parks, auto rides. Contributing materially to clear thinking on the part of the work- ingman regarding industrial questions, political matters and educa- tional affairs. They no longer go to the polls partially stupefied by liquor to vote at the behest of saloon politicians. v 488 PROHIBITION IN THE UNITED STATES Less lost time, less accidents, less incompetence, less carelessness and inefficiency, better work, better homes, more thrift, happier families and sober and more efficient men who are now finding out what it means to really live whereas they formerly merely existed. Children and young people getting a better education. School attendance, both public and Sunday school, has improved. Community morale has improved. An incalculable economic and moral blessing to millions of our people, and to the nation as a whole. “From the point of view of public health prohibition has been a wonder worker,” said Dr. Harvey W. Wiley, for many years Chief Chemist of the U. S. Department of Agriculture, and Dr. Haven Emerson, former Health Commissioner of New York City, declared: “Nothing since the application of modern bac- teriology to the control of communicable disease will have so powerful an effect in reducing the incidence of disease and the general death rate as prohibition.” | Thus the testimony continued as to the results and benefits of prohibition. THE ADMINISTRATION OF PROHIBITION Unfortunately the available measurements and indices indicate that the social results of prohibition in the years following 1920, 1921-1925, have not measured up to those of that epochal year. In a number of respects the improvement has continued. The economic benefits, due partly to the accumulation of billions of new capital, have been cumulative. They have permeated the entire nation and brought increasing returns to the whole people. Even the noisy and conspicuous minority who refuse to respect the law of the Constitution share in the general improvement in the economic environment. The economic and moral welfare of untold millions of the people has been vastly bettered. Despite violations of law the great majority of the people are law observing and enjoy an increasing measure of both individual and national benefits. Most of the violations are committed either by the froth or by the dregs of society. The great multitudes share in the general advance in economic well-being as probably never before in history. Among other things the evidence shows a great and continuing NATIONAL PROHIBITION—1920-1925 489 improvement in family life with very much less misery among women and children, diminishing juvenile delinquency and a marvelous increase in home comforts throughout the nation. The enhanced opportunities for higher education and its rapidly increasing diffusion signify the entrance upon a new epoch preg- nant with unlimited possibilities of a richer content to life. The ~ national health has so improved that a leading authority has declared that the year 1924 was the healthiest on record. On the other hand Anti-Prohibitionists cite statistics as evi- dence of the failure of prohibition. These relate chiefly to (a) the increase of arrests for drunkenness since 1920, (b) the in- crease in deaths from alcoholism since 1920, and (c) the increase in insanity since 1920. The arrests for drunkenness in 349 cities based on 100 as the index number for the year 1914 rose to 108 in 1916, fell to 37 in 1920, but rose to 49 in 1921, 65 in 1922, 75 in 1923 and 74 in 1924, reaching the maximum since prohibition in 1923 with a slight decline in 1924. In the latter year they were double what they were in 1920 but less than three-fourths what they were be- fore prohibition. The alcoholism death rate of the registration area of the United States which fell from 5.2 to I.o in 1920 rose to 3.2 in 1923. In New York the admissions to insanity hospitals of alcoholic insanity cases which had fallen from 594 in 1917 to 122 in 1920 rose to 226 in 1922. In 1924 after the repeal of the state en- forcement law they increased to 373. The facts revealed by these statistics are not as serious as ap- pears on the surface for reasons already explained with reference to arrests for drunkenness not being an accurate register of the actual amount of drunkenness. Also increases in deaths from alcoholism and in alcoholic insanity are the natural result of the extra-poisonous alcohol purveyed by the criminal bootleggers. Of the 50,000 samples of liquor seized in and around New York City analyzed by government chemists in 1924 and 1925 over 98 per cent. contained poison from denatured alcohol. It is to be observed that in the statistics quoted by the wet propagandists the current conditions are compared with 1920 and not with the wet period before. The proper comparison should be between the prohibition period and the pre-prohibition period. This the wet propagandists do not care to face. | Nevertheless, although poorly enforced prohibition is far su- perior to the licensed liquor traffic at its best, there has been a 490 PROHIBITION IN THE UNITED STATES widespread feeling that prohibition has not accomplished as much as its first year held out the promise or as much as hoped for by those who sacrificed for it through many years. Conditions should have become better from year to year under national pro- hibition instead of becoming not so good as the first year. The reasons for the reaction demand analysis. They were chiefly political and governmental. They involve a study of (a) the law, (0b) the administration of the law, and (c) the political sys- tem underlying the administration of prohibition. The Volstead Law To enforce the Eighteenth Amendment Congress passed the Volstead Law. Some of its significant provisions were: 1. Construing the term “intoxicating liquor’ to include all liquor fit for beverage purposes which contains one-half of one per cent of alcohol by volume. This construction was merely a continuation of what had come to be the established legal standard of the nation upon this point. For many years the federal gov- ernment had fixed the line of demarcation between taxable and untaxable liquors at one-half of one per cent. The brewers themselves in 1904 had actively supported this standard. The United States Supreme Court in a decision upholding the Vol- stead Law, Ruppert v. Caffey (251 U. S. 264), pointed out that thirty-six states had adopted a standard at least as advanced as one-half of one per cent and that eighteen states had gone farther and prohibited all malt or vinous beverages no matter how small the alcoholic content.” Mr. Volstead pointed out that the legislative history of the country, both state and national, showed that prohibition in- cluded under its ban all liquors which contained as much as one- half of one per cent of alcohol. 2. The act provided penalties for violations. ‘These came to be regarded, notably by the Department of Justice, as too light for the more serious offenses. For the first offense the maximum penalty was $1,000 fine and six months in prison.. To provide reasonably adequate punishment for the large scale violators prosecutors frequently proceeded under other statutes such as those against conspiracy or under the revenue or customs laws because the penalties for violation of these laws were much heavier. 23 For history of Supreme Court decisions upon prohibition, see infra, Chapter XXVI. NATIONAL PROHIBITION—1920-1925 AQ 3. The injunction and padlock provisions were probably the most effective provisions of the law. 4. The search and seizure provisions were weak, having been patterned after similar provisions in the Espionage Act from which the teeth had been purposely removed.** A man’s home could be searched only in case a sale had been detected, not in case of manufacture. This opened the way to the making of home brew which temporarily threatened to become a fad in some sections. This soon died out—not due to the efficiency of the law, but because of the unsatisfactory character of the product. Considerable small scale distilling has been carried on in dwellings, ostensibly homes, because of the Act’s limited pro- visions regarding the issuance of search warrants. s. An unfortunate provision which engendered considerable dissatisfaction especially among the poorer drinking classes was that which permitted the retention of stocks of liquors obtained before the Act went into effect. 6. The continuance of the policy of taxing a commodity which had been outlawed by the Constitution, as provided for in section 35 of the Act, was very questionable and dangerous. It was like prohibiting burglars’ tools but taxing them if found. It tended to cause the administrators of the law to put the revenue feature ahead of the prohibitory. Frequently they collected taxes and failed to carry out the constitutional prohibition and suppress the traffic. When the Volstead Law was passed the specious argu- ment was made that by combining criminal punishments and tax penalties enforcement would be made easier. But so long had the liquor traffic been entrenched in the revenues that the inter- mingling of criminality and the levying of taxes was exceedingly unwise. The whole policy of commingling liquor prohibition and liquor revenue was the outcome of the old party lack of con- viction and absence of clear moral vision resulting from a half century of governmental dependence upon liquor revenue. An extremely questionable feature was a provision empowering the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury to compromise in the payment of penalties. It was substantially a case of government officials negotiating with criminals. What has been the result? Although large penalties have been assessed only a small amount has been collected. In 1925 it was testified in a Senatorial investigation that in 1924 the as- sessments aggregated $16,909,855 but that after compromise 24 See debate on Volstead Law, Congressional Record, July 19, 1919, p. 2901. 4.92 PROHIBITION IN THE UNITED STATES only $704,696 was collected, a little over four per cent. One example brought to light was of a brewery which was assessed $105,000 but which was compromised for $5,000 and the brewery continued to violate the law. Notwithstanding the large amounts assessed, the amount collected under the tax and tax penalty provisions of the Act went down each year, due partly to court decisions adverse to the method, until in the fiscal year 1925 only $560,888 was collected. 7, The provision permitting breweries to make regular beer with the supposition that before sale they would reduce the alco- holic content to below one-half of one per cent was the colossal blunder of prohibitory legislation. It contravened the first object of prohibitory legislation which is to stop the traffic at its source. Permitting brewers to make regular beer with the supposition that they would dealcoholize it was something new in prohibitory legislation. In the Congressional debate Mr. Volstead stated: “For the first time we have written into a prohibition bill the per- mission to make near-beer.”’ *° What has been the result? The breweries have been left almost intact as a fighting force striving to come back. Although of about 1,332 breweries operating in 1916 something over two hun- dred were dismantled, the large majority remain. In August, 1925, the Prohibition Unit gave out the information that at that time, over six years after the selling of beer had ceased to be legal, there were 1,126 potential brewery sites in the United States scattered in thirty-six states and the District of Columbia. That is, there remained 1,126 breweries all fitted up ready to make beer practically upon twenty-four hours’ notice. The brewers held to the hope that beer would come back and many of them were holding on with that object in view. When it is remembered that it was the breweries which made over nine-tenths of the liquor consumed in the old days, that brewery capital comprised 87 per cent of the whole liquor capital, that it was the brewers who owned the large majority of the saloons with all their colossal evils, that it was the breweries which were the chief factors in corrupting and degrading politics and that they were the chief factors in the old deterioration and de- generation, it will be readily seen that to permit them: to remain, even to lie dormant, was an egregious blunder. It was toying with rattlesnakes. Furthermore, there was no doubt that much of the propaganda for the return of beer and light wines came from the brewers 25 Congressional Record, October 6, 1919, p. 6691. NATIONAL PROHIBITION—1920-1925 493 who would be the chief beneficiaries of such return. About forty wet organizations were organized. Some of them seemed to be well supplied with funds, and were no doubt camouflaged agencies of the brewers. After several years of quiet, so far as the public knew, the United States Brewers’ Association took on renewed activity in 1925 and it was announced that there was a large fund to carry on a campaign against prohibition. It was understood that some of the breweries had set aside large funds. One brewery in the Middle West, not one of the best known either, was reported on good authority to have set aside $5,000,000 as a war chest, a part of which was understood to be invested, through a subsidiary corporation, in the stocks and bonds of daily newspapers. Notwithstanding the efforts of the breweries to create a market for their near-beer, called cereal beverage, their production went steadily down each year until by 1924 it was less than one- thirteenth of the production of regular beer ten years before and only a little more than half the production of 1921. This was evidence that the beverage was not popular, despite the efforts to create a demand, and that it was the alcoholic content, the kick in it, which had enabled the brewers to sell so much beer in the pre- prohibition period. While the sale of real beer was not large enough to be a very serious factor comparatively, having been probably not more than one or two per cent that of the license period, the breweries remained as a constant menace, made worse by the disgraceful manner in which the law was administered. For a long time the regulations made by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, did not permit the government officers, so it was said, to enter the breweries except during office hours, notwithstanding that many of the law-defying breweries carried on their illicit traffic at night. Furthermore, breweries were allowed to put their beer in barrels and other con- tainers which could be shipped. The system was practically that of trusting the untrustable brewers to observe the law and limiting the officers of the government to stopping the violations after the high-powered beer was discovered in transit. Further- more, owing to the large profits procurable in the illicit traffic and the fabulous bribes brewers could offer, they were a great source of temptation to, and corruption of, government agents. The foolishness of trusting the brewers to observe the law was indicated by the statement given out by the Prohibition Unit that between August, 1921, and October, 1923, 382 breweries 494 PROHIBITION IN THE UNITED STATES had been reported for violations of the law. In Pennsylvania of about 100 breweries operating in the state, 62 were caught in violations of the law in 1924. Notwithstanding the numerous violations the Government has been very lax in enforcing penalties. It took away permits to make cereal beverages from some but in a number of cases these permits were restored after a short period. In the two years, July 1, 1922, to July 1, 1924, there were 45 breweries seized. There were 100 convictions and pleas of guilty. Of these about three-fourths were pleas of guilty, many of which were called “‘consent” cases wherein the brewer con- sented to be closed for a specified time and accepted a fine, the maximum of which was $2,000, a mere pittance to a brewer. There were only 28 jail sentences, and the total fines imposed for all brewery violations amounted to only $201,000.”° Jail sentences for brewery violations for the entire period from July 1, 1921, to January, 1925, covering almost a presidential term, aggregated only 13 years. Only fourteen permanent in- junctions were obtained against breweries in the fiscal years 1924 and 1925 combined. Laxness toward breweries appears not to have been due to a lack of authority given by the law as a few breweries have been dismantled and in one case brewing ma- chinery and equipment to the value of $225,000 were destroyed. The laxness was obviously due to the lack of the will to enforce on the part of the administration, 8. The final feature of the Volstead Law to be discussed is the elaborate system of permits for regulating and controlling the manufacture, use and sale of alcohol for non-beverage purposes. No one was allowed to manufacture, sell, purchase or prescribe any liquor without first obtaining a permit, except for certain limited medical purposes. The Commissioner of Internal Revenue was given authority over all such permits and had the power, subject to the approval of the Secretary of the Treasury to prescribe the forms of all permits and applications. His power included the authority to issue permits and regulations for industrial alcohol plants, for breweries and wineries. He also had authority to compromise tax penalties. In short, these two officers possessed almost abso- lute control over all of the alcohol and alcoholic liquor existing in the country with the exception of private stocks possessed before the Volstead Act went into effect. Whether that control 26 Information obtained from the Prohibition Unit. NATIONAL PROHIBITION—1920-1925 495 was effective or not depended almost entirely upon the character of the administration. The Administration of the Law Prohibition was hindered from producing greater beneficent results not merely because of certain deficiencies in the law but to a much larger degree because of the lax manner in which it was administered. After sketching the machinery of the Pro- hibition Unit, some of the ways in which prohibition was impeded by the kind of administration it received will be enumerated. A consideration of these will go far toward accounting for the reaction from the high achievements of 1920. The advanced thinkers of the prohibition movement for decades have em- phasized that prohibition requires much more than law. The essential requirement is the administration of the law. A Prohibition Unit in the Bureau of Internal Revenue was established with a Commissioner of Prohibition, together with a series of state or regional directors and agents of various ranks. At least three different systems of organization have thus far been tried. By October, 1923, there were 1,522 prohibition field agents, and by February, 1924, the number was given as about 1,600 to cover continental United States, the territories, the Dis- trict of Columbia, and distant possessions. There was one federal enforcement officer to 2,340 square miles of territory and about 70,000 population. In 1925 the number of prohibition agents was very largely reduced.’ The salaries of the prohibition agents were small, many of them received only $1680 a year. In 1925 the minimum was increased to $1860 but in the proposed budget for 1927 about eight-ninths of the agents and inspectors are scheduled to receive less than $2000, clearly not adequate considering the temptations and dangers. Forty-three prohibition agents have lost their lives, and in 1925 alone thirty-nine were injured in the performance of duty.”8 27 Information in address of Prohibition Commissioner Haynes at Governors’ Conference, October, 1923; also, address of Judge J. J. Britt, counsel for the Prohibition Unit, before the National Republican Club, February, 1924, and other sources. 28 Many of the statistics regarding the liquor situation and the enforcement situation of the government are found in the Annual Report of the Commissioner of Internal Revenue for the fiscal year ending June 30, 1925, and in a pamphlet issued by the Prohibition Unit in April, 1925, entitled, Statistics Regarding Intoxicating Liquors. Other information has been obtained from bulletins issued by the Prohibition Unit and the Department of Justice. For budget proposals, see Message of the President of the United States Transmitting the Budget for 1927, p. 890. 496 PROHIBITION IN THE UNITED STATES In the fiscal year 1924 the prohibition agents made 68,161 arrests. This appears to be a large number until it 1s remem- bered that in 1917 in Massachusetts alone there were 129,455 arrests for drunkenness, and if throughout the country there had been the same number of arrests in proportion to the population as in high license-local option Massachusetts, the arrests for drunkenness in the nation that year would have aggregated 2,583,000. Also when it is considered that 68,161 arrests is equivalent to only one arrest per agent for a period of over eight days, one is led to the conclusion that violations were not sufficiently numerous and open as to be easily detected or the agents were not very efficient, probably both of which were largely true. There was a feeling, moreover, which was emphasized by the Department of Justice, that too large a proportion of the arrests were for com- paratively minor offenses and that too many of those guilty of the more serious offenses escaped. Among the ways in which prohibition suffered from malad- ministration were: 1. Dry laws were being administered by wet officials. When Mr. Harding became President he appointed as head of the de- partment responsible for enforcement one who for nearly forty years had been heavily interested in distilling. It is but stating a fact to say that a study of the statistical evidence indicates that social conditions relating to liquor began to get worse, as com- pared with 1920, soon after he was appointed. Below him was the Commissioner of Internal Revenue subse- quently very severely criticized for his administration. Below the latter, and a subordinate of his, was the Prohibition Com- missioner, known as a dry, but whose power was progressively reduced until he was practically deprived of administrative authority. In 1925 he was described by a Washington observer as being “hopelessly hedged about by adroit wet politicians.” ” The appointment of prohibition directors and agents in the various states was the subject of party patronage. Had the party in power been committed to prohibition as a party principle the party leaders would have been obligated to see that only those favorable to the principle of prohibition should be appointed. As it was, prohibition was not a party principle and, in the absence of presidential leadership, no standard of loyalty to the principle was required for appointment. Wet Senators and 29 Gilbert O. Nations, in a weekly Washington letter to the California Voice, July 16, 1925. NATIONAL PROHIBITION—1920-1925 497 Congressmen, or wet county chairmen or party leaders, were per- mitted to name enforcement officers. In some cases Congressmen who voted dry in Congress secured the appointment of wet officers. In at least a third of the states in 1921 and 1922 the leading prohibition officers were men known to have wet records. Although the United States had adopted a national law with the object of establishing a uniform national standard through- out the nation, the administration of the law so perverted this objective as to make enforcement substantially a matter of local option because it was administered to so large a degree by men owing their appointment to local political influences and subject to local political pressures. This was true not only of a large share of the prohibition agents but applied likewise to United States district attorneys, United States commissioners, United States marshals and others involved in the enforcement of the federal law. Furthermore, it was the worst form of local option —the option of the local politicians to determine the extent to which the law should be enforced, politicians, many of whom were personally wet, others of whom wanted to placate a wet element in their constituencies and all of whom belonged to political parties which sought wet votes as well as dry ones. There were many cases of appointments opposed by the better citizens. One United States judge was appointed notwithstand- ing he had recently been a member of the Association Against the Prohibition Amendment. In the District of Columbia a police judge who had been exceedingly lax toward bootleggers was reappointed against the protests of the combined temperance forces of the District. In some cases to obtain appointments as prohibition agents required the approval of politicians notoriously wet, and it was said in one section the approval of two brewers was essential. Space prevents the enumeration of a long list of disgraceful appointments. In an inquiry made in 1925 among six hundred government employees having to do with prohibition enforcement, the results of which were published in the Dearborn Independent, only five per cent stated that they believed in pro- hibition. Still worse, many of the leading officials at the head of the nation did not respect the principle. In 1923 President Harding was understood to have taken a position in favor of total ab- stinence but prior to that time it was currently reported in Wash- ington that not only the President but also a number of members of his Cabinet failed to set an example of abstinence from liquor, the traffic in which had been prohibited by the Constitution the 498 PROHIBITION IN THE UNITED STATES President had sworn to preserve, protect and defend. So glaring did the failure of high government officials to respect the Con- stitution become that when Congressman Upshaw of Georgia, who had given much of his life to the cause of prohibition, in an address in the House of Representatives on December 20, 1922, uttered a ringing call for sober officials and declared that, “Any one who swears allegiance to the Constitution and then helps a bootlegger to trample that Constitution underfoot is unworthy to hold any office under the sun,” that address received unusual demonstrations of approval throughout the country. 2. A number of aggressive dry officials were removed from office. One notable case was the removal of Harold D. Wilson, of Massachusetts, a capable and efficient officer, who believed in enforcing the law against the rich and politically powerful as well as against the ignorant foreigners. In the course of his duties he raided a banquet being given to the Governor of the state, which was attended by many prominent politicians, and seized a large quantity of liquor which was being served in an adjoining room. Subsequently Mr. Wilson wrote an able and discerning book entitled, Dry Laws and Wet Politicians. 3. One complaint against federal administration was that, in some instances at least, when a conscientious agent had suc- ceeded in getting evidence against the men higher up, especially those with political influence, the agent would be transferred to a distant point where he would be comparatively innocuous. In September, 1923, the Philadelphia North American, one of the most vigorous supporters of prohibition of any metropolitan daily paper in the East, declared: Whenever prohibition agents grow dangerous the law breakers have been able through politicians to reach influential ears in the internal revenue bureau and cause a check. 4. Many of the United States district attorneys were regarded as decidedly lax in the prosecution of liquor cases. The prohibi- tion agents who gathered evidence against violators were only a minor fractional factor in law enforcement. Their work amounted to little unless their evidence was used in the prosecu- tion of cases and such prompt and vigorous penalties imposed as would deter the violators. In this the active cooperation of the United States attorneys and judges was essential. In many cases the federal prohibition agents, a number of whom were faithful public servants, had good ground for com- plaint that the United States attorneys would not take an interest NATIONAL PROHIBITION—1920-1925 499 in prosecuting cases. This was conspicuously true in brewery cases, If the remedy for flagrant violations was to libel a brewery, a prohibition agent could make no headway unless he had the co- operation of the United States district attorney. Similarly if the effective remedy was an injunction or a padlock, the agent could not succeed unless he had the support of the United States attorney, unless the cases were taken into the state courts, which was sometimes done in some sections. The records of the Department of Justice showed a great dif- ference in enforcement in the territory of different United States district attorneys. In some states there was a decided contrast between two judicial districts in the same state. By the system of decentralized administration put into opera- tion by the Treasury Department late in 1925 the work of the prohibition agents in getting evidence was correlated with, and practically subordinated to, the work of the district attorneys in using evidence. The prohibition administrative districts were each made to be coterminous with a group of judicial districts and the prohibition officers were instructed to work in harmony with the district attorneys. It was of little value to obtain evidence unless it would be used by the district attorneys. These had the power practically to decide who should be prosecuted and who should not be. Excuse was made that the courts were too con- gested to try all cases and the district attorneys were compelled to choose who should be punished. This power, which was sub- stantially that of being able to bestow selective immunity, was an exceedingly dangerous one, especially when exercised by officials so highly political. There was a temptation, especially for the less scrupulous, those who had been trained in, or associated with liquor politics, to barter immunity for political influence or, as has often been done by local officials, to use their authority to compel the lawless element to support the party in power. 5. Another obstacle to enforcement was the attitude of some of the United States judges. A report of a Congressional com- mittee in 1925 stated that there was much evidence that the penalties imposed were inadequate. In one federal judicial dis- trict the average jail sentence was three-tenths of one day. In another the average jail sentence was three days. In another district, with a visiting judge sitting, out of 256 cases the average fine was $24. Nine prisoners were fined $5, 132 were fined $10 each, five received $15 fines, 17 were fined $20, and 30, $25. Only 63 of the 256 were fined more than $25 and the maximum 500 PROHIBITION IN THE UNITED STATES fine was $200 levied on two prisoners. Jail sentences were given to 12 culprits of whom two received 30 days each. Two others 10 days, one 5 days, and seven were sentenced to one day in jail. The total amount of jail sentences was 46 days or an average of less than four days each for the 12 who were sentenced, or Jess than one-fifth of a day for each of those who were guilty.*? 6. Perhaps the most serious criticism of the government was in respect to the administration of the permit system. No liquor or alcohol could be legally manufactured, stored, transported or sold without a federal permit. The success or failure in controlling the source of supply de- pended upon the administration of the permit system. The federal government had full and complete responsibility. It was the government’s duty to dam up the sources of supply. If it per- mitted a flood of alcohol to be let loose to be used as a supply of beverage liquor, it rendered exceedingly difficult the stopping of local and lesser violations of law. Enforcement officers would have great difficulty in mopping up the wetness if a breach in the dike was allowed to remain unrepaired. There were about twenty different classes of permits issued and there were as many as 157,000 permits outstanding. Some of the important branches of the permit system related to distilled spirits, the breweries, pure alcohol, denatured alcohol and wines. A. With respect to distilled spirits, in 1921 there were 9,681,- 199 gallons, chiefly whisky, withdrawn. Whisky in bond was gotten under reasonably good control following the action of Congress providing for the concentration of the bonded whisky from nearly three hundred warehouses into about twenty-eight. In 1925 the tax-paid withdrawals were 1,972,058 gallons, with a little less than 30,000,000 gallons left in the warehouses. The withdrawals of distilled spirits, which in 1913 to 1916 had aver- aged 135,000,000 gallons annually, were thus reduced to less than 2,000,000 gallons. B. The regulations respecting breweries were exceedingly un- satisfactory as hereinbefore discussed. Still worse was the situa- tion regarding denatured alcohol. There were three classes of alcohol available. First, pure alcohol on which a tax of $2.20 per proof gallon was required; second, completely denatured alco- hol, and, third, specially denatured alcohol. There was an amazing increase in the production of denatured 80 Survey of the Alcoholic Liquor Trafic and the Enforcement of the Eighteenth Amendment, Report of Subcommittee on Alcoholic Liquor Traffic, House of Representatives, Sixty-eighth Congress, Second Session, 1025, pp. 5-6. NATIONAL PROHIBITION—1920-1925 501 alcohol. The number of proof gallons of alcohol withdrawn for denaturation increased from 38,000,000 gallons in 1921 to 148,000,000 gallons in 1925. Perhaps about 18,000,000 gallons of the increase can be accounted for by the diversion from tax- paid alcohol, which decreased from 26 to 8 millions in the same period. But taking all three classes of industrial alcohol there was an increase of 142 per cent in four years. Specially de- natured alcohol increased from less than 10,000,000 wine gallons in 1921 to nearly 35,000,000 in 1925. There were seven different formulas used in making com- pletely denatured alcohol, and about fifty in making specially de- natured alcohol. In some of these formulas permitted by the Internal Revenue Bureau much of the denaturant could easily be removed so that the alcohol was used in the illicit trade. Some of the illicit sellers gave to each customer directions for removing the denaturant. A Congressional committee investigating the question estimated that 6,000,000 gallons of denatured alcohol were diverted to the bootleg trade in 1924. In April, 1926, the chief chemist of the Prohibition Unit estimated that between thirteen and fourteen million gallons were so diverted. Denatured alcohol was by far the chief source of supply for the illicit traffic and the responsibility for such a large leakage was directly upon the administration of the Treasury Department. Governor Pinchot of Pennsylvania, who has made a. loyal and courageous effort to enforce the law, having found that one of his greatest obstacles was the bootleg supply permitted by federal authority to get out in the form of denatured, or theoretically denatured, alcohol, made numerous investigations in his state and brought to light a sickening array of violations many of which might have been prevented or stopped if the federal administra- tion had been efficient. In his message on law enforcement to the General Assembly of Pennsylvania in February, 1925, Governor Pinchot said: In the two years ending on June 30, 1923, the amount of specially denatured alcohol removed and disposed of in the Philadelphia district increased from less than 800,000 gallons to more than 5,000,000 gallons. . . . This enormous production and distribution of specially denatured alcohol is at the present time checked by no records which are effective to prevent its passage in huge quantities into the bootleg trade. He stated that federal permits had been issued to 151 manu- facturers in Philadelphia authorizing them to make toilet waters, hair tonics and tobacco sprays. Of these nearly every one did his 502 PROHIBITION IN THE UNITED STATES supposed manufacturing in a single small room or small building utterly inadequate in size and equipment for the business alleged to be conducted in it. Five permittees were authorized to with- draw over 655,000 gallons in a single year. The 151 in the first ten months of 1924 withdrew more than 1,100,000 gallons of specially denatured alcohol, “which is probably alcohol enough to make toilet water, hair tonic and tobacco sprays for the people of the whole world.” Nine permittees claimed to have used and sold more than 185,000 gallons of denatured alcohol in tobacco sprays during the first ten months of 1924. I am informed that according to the formula used by the largest manufacturers of tobacco in the country this was tobacco spray enough to have treated twice over the whole tobacco production of the United States in 1924, and half the production of the entire world. Governor Pinchot further stated that of five men who were given permits to withdraw 590,000 gallons, four were without published rating with the leading mercantile agencies, and one was rated at from $500 to $1000. The permits of these had been revoked but subsequently reinstated. Of the 130 manufac- turers cited in 1924 for violation of law the permits of only 22 had been permanently revoked of which 17 made no defense, and all these were minor offenders. The big violators whose per- mits were revoked had them restored. In the Philadelphia district, of 61 permittees, each authorized to withdraw over 1,000 gallons of specially denatured alcohol each month, and altogether to withdraw 2,671,000 gallons a year, 53 had been cited from one to three times for violation of the law but only 15 had been put out of business. In 1925 in New York City the United States district attorney stated that there were at least 1,000 persons holding permits for withdrawal of denatured alcohol for the manufacture of per- fumes. Nationally known legitimate makers used from 40 to 120 barrels a month while persons of whom the public had never heard withdrew from 300 to 1,000 barrels each for the alleged manufacture of perfumes. The Philadelphia North American in January, 1924, was ap- parently justified when it declared: ‘A scandal even more ex- tensive and dangerous than the immunity of lawbreaking brew- eries is the illicit traffic in denatured alcohol.” During 1924 and 1925 the scandal appeared to become worse. NATIONAL PROHIBITION—1920-1925 503 In November, 1925, Governor Pinchot in a letter to the Secre- tary of the Treasury stated that he was prepared to give the details of more than 100 violations of law by holders of federal permits for specially denatured alcohol. He said that the cases showed, among other things, that the government had: 1. Granted permits to companies officered by known violators of the law; 2. It had granted permits to companies whose equipment made it physically impossible for them to manufacture alcohol in the quantities the permits called for; 3. The government had restored permits to offending permittees who were shown to have falsified their records and generally to have violated the law and the regulations; 4. The government had refused to cancel permits when the lawbreakers had finally been indicted; 5. It had been a habit of federal officials not to collect on the bonds of lawbreaking permittees ; and 6. The final decisions relative to these permits were not made by federal officers in Philadelphia but by government officials in Washington. | Governor Pinchot added that the men in Washington respon- sible for granting or restoring permits under such conditions have no proper place in the government service. The administration of the permit system was so bad that even the Democratic national platform of 1924 arraigned the Re- publicans by declaring: The Republican administration has failed to enforce the pro- hibition law, is guilty of trafficking in liquor permits and has become the protector of violators of the law. 7. Another respect in which action of federal administrative authorities opened the way to the violation of the Eighteenth Amendment was with regard to the making of wine. The In- ternal Revenue regulations were such as to give the widespread impression that by filling out a certain blank form furnished by the Internal Revenue Bureau any person could make 200 gallons of wine. The wording seemed to imply permission to make 200 gallons. This was taken advantage of by foreigners especially, and in the grape growing sections, with the result that large quantities of wine were made. It was stated that between 40,000 and 50,000 of these so-called permits were issued in California alone, which at 200 gallons each meant a large amount. Late in 1925 this 504 PROHIBITION IN THE UNITED STATES system was discontinued.** Aside from the home-made wine, that permitted to be made by the wineries was extra liberal in quantity. 8. The federal government did not provide adequate facilities for prosecuting the violators of the Eighteenth Amendment. Al- though facts gathered by the Department of Justice and presented to the Senate Judiciary Committee in 1922 revealed that the criminal business of the federal courts had increased about 800 per cent since 1912 and had increased from 8 to 4o per cent of the total cases, only about 25 per cent additional federal judges were provided. Based upon the cases pending on June 30, 1921, the Depart- ment of Justice reported that only 18 per cent of the criminal cases were prohibition cases and of the total cases in the federal courts only eight per cent were prohibition cases. It was very evident that aside from the prohibition cases there was great need for increased court facilities. There was also great need for removing the barnacles which had become attached to criminal law procedure. The thoughtful public were becoming exasperated by the legal technicalities, the long-drawn-out trials, the much speechmaking in court, the over- solicitude for criminals rather than a predominant interest in the welfare of society, and the many avenues for the guilty to escape. : Statistics given out by the Department of Justice and the Pro- hibition Unit show that in the two-year period, 1923 and 1924, a total of 94,899 criminal prosecutions for violation of liquor laws were begun in the federal courts. The total number of convic- tions was 71,248. Of these 62,618, or 88 per cent, were ob- tained through pleas of guilty, which meant that the defendants were commonly let off with a light fine or small penalty. In some courts district attorneys conducted “bargain days” in which offenders by pleading guilty were let off with light fines, hun- dreds of cases being disposed of within a few days. There were only 8,630 convictions during the two years in cases where the defendants made a fight. In other words, taking the United States as a whole, the number of convictions in con- tested cases in federal courts was equivalent to an average of one conviction to a county once in a period of eight and one- half months. In 1925 they were still fewer, one to a county in ten and one-half months. The preposterously small number was 81 Oliver W. Stewart, “Wine Making in the Home Unfairly Charged to the Volstead Law”; National Enquirer, June 4, 1925. NATIONAL PROHIBITION—1920-1925 ° 505 not due to the lack of public sentiment or the failure of juries to convict. These voted convictions in about three-fourths of the cases. It was due chiefly to the lack of an aggressive enforce- ment policy by the party in power. In the two years 14,567 cases were nolle-prossed or dis- missed. The average fine imposed was $187 but the average collected was only $127 which was equal to only about one-eighth of the customary high license fee in the pre-prohibition period. The average jail sentence was 31 days. In 1925 it was 43 days, less than one-fourth of the weak penalty permitted by the Vol- stead Act for first offenders. The light penalties, the lack of certainty and promptitude of punishment, the many avenues of escape and the lack of earnest- ness on the part of the higher officers of the government resulted in failure to deter the lawless. g. In addition to the glaring deficiencies in the federal ad- ministration, local government in many sections was under the domination of the old liquor politics and the office-holders con- tinued wet. Volumes could be written regarding the infamous political conditions in various parts of the country. Out of four- teen counties in Ohio visited by the writer in 1924, a state which on its last vote in 1922 gave a dry majority of 189,472, in only three counties were the three officers most essential in law en- forcement, sheriff, prosecuting attorney and county judge, classed as dry. In a section of a southern state having a Democratic Governor and a Republican Congressman this situation was found in 1922. The United States marshal was a former bootlegger. The internal revenue collector was an ex-saloon-keeper. A deputy sheriff was reported to be receiving a dollar a gallon for transporting liquor from moonshiners in the outlying districts into the city. The Congressman, although he had voted dry in Congress, sought to have appointed as the chief prohibition officer in that section a man who had been known as a bootlegger. In this he was frustrated only after the good citizens had made a vigor- ous fight at Washington. Some of the subordinate federal pro- hibition officers were reported to be reselling to bootleggers liquor which they had captured. In another southern state, which had voted for prohibition by a vote of more than two to one, a faithful prohibition agent be- gan to be aggressive in doing his duty in enforcement. He re- ceived three letters cautioning him to go easy. One was from the state prohibition director, one was from the Republican na- 506 PROHIBITION IN THE UNITED STATES tional committeeman who controlled the distribution of the fed- eral patronage in that state, and the third was from a former Democratic Governor. Bipartisan politics was protecting the criminals. In a border state, where also the people had voted for prohibi- tion by a vote of more than two to one, the following situation was found in 1924. The United States Senator of the dominant party was wet. The United States judge was wet, a federal grand juryman stating that when the jury finished its work one night the judge’s breath was strong with liquor. The United States marshal was wet. The chief federal prohibition officer was said to sell liquor himself and to receive protection money from violators. A part of this was supposed to go to the support of the political machine. Federal prohibition officers were said to be allowing liquor to be smuggled across the border for a rake-off of Sto acase. In the state capital the local officers were Democratic and wet. The federal officers were Republican and wet and both parties were competing for the wet vote. If arrests were made the offenders were let off. Thus did the old type of politics nullify the Constitution. In another state, although the Governor was dry, having been elected on the prohibition issue, local government in many sec- tions continued under the control of the old wet politics to such a degree that it was found that only one man in seventy of those arrested for violation of the prohibition laws was sent to prison for as much as one year. 10. Notwithstanding that one of the great objectives in plac- ing prohibition in the Constitution was to establish a uniform national standard and that it is the high duty of the national gov- ernment to see that the Constitution is carried into effect, the administrations of three Presidents thus far have made no appropriate efforts to effectuate that standard. Ifa state failed to respect the Eighteenth Amendment the federal administration re- mained indifferent and failed to provide adequate means for enforcement. New York in 1923 repealed its state enforcement act, the only state which has done so. Thereafter it was impossible to utilize the state courts to help enforce the prohibition laws. Notwith- standing that New York City with its large foreign element is one of the most difficult places to enforce the laws, in late 1925 the federal government provided only about 150 federal prohibi- tion agents to cover all of Greater New York, Long Island, a territory extending 125 miles up the Hudson and all of Con- NATIONAL PROHIBITION—1920-1925 507 necticut, comprising in all about nine million people. Only about one-half of these agents were doing enforcement work proper. The rest were handling alcohol permits, drug store permits, and so forth. Still worse, federal court facilities for the trial of cases were not provided. The United States district attorney for the Southern District of New York in 1925 was enabled to have only about one-third of the time of one judge to try prohibition cases. This was absolutely the only court, national, state or local, capable of trying cases and imposing penalties for a district including Manhattan, the Bronx and a territory 12 5 miles up the Hudson comprising over four and a quarter million people. The Republican federal administration’s shameful abdication of responsibility for enforcement was equalled only by the Democratic state administration’s attempted nullification as a factor in bringing constitutional prohibition into disrepute in the leading city and preeminent publicity center of the nation. | 11. The manner in which the Amendment was administered thus violated in several respects the fundamental purposes of pro- hibition. It failed to shut off the source of supply by permitting brewers to manufacture beer and by permitting industrial alcohol to be diverted. It failed to maintain a national standard both by failing to provide the means for enforcement in recalcitrant sections and by the system of appointment of federal officers which subjected federal enforcement practically to the will of the local politicians. 12. This atrocious type of administration not only tended to nullify the Constitution and to bring prohibition into disrepute but it encouraged the lawless elements and gave an impetus to lawlessness. The impression became general that the government was making no earnest, aggressive, comprehensive effort to make prohibition effective. This gave encouragement to the law- violators, the brewers, the rum runners, the bootleggers and the rest of the horde of lawless and criminal elements. They ignored the law and trampled upon the Constitution. They came with an onrush bent on having a heyday of sport with the shorn Samson—the law without a party to enforce it. 13. This type of administration encouraged the wets to keep up their noisy propaganda and stimulated them to continue their political activities. Although they were not able to repeal the law, they sought to bring it into disrepute through maladminis- tration. They made exaggerated claims as to the number of 508 PROHIBITION IN THE UNITED STATES voters they could control and intimidated the politicians and public officials. The Political System Underlying Prohibition Why was it that the administration of this most beneficent law was so unsatisfactory ? Why was it that as early as 1923 the administration of national prohibition was referred to as a national scandal? Why was it that the enforcement situation had become so critical that Governor Pinchot declared at the national con- vention of the Anti-Saloon League in January, 1924, and reiter- ated it at a similar convention in November, 1925, that the Eighteenth Amendment had been betrayed and that “‘no sincere, intelligent and concerted nation-wide effort has ever been made to enforce it?” Why was it that notwithstanding the marvelous and un- precedented economic and social benefits which have been ex- perienced from even poorly enforced prohibition—benefits which should have appealed overwhelmingly to thoughtful statesmen— they were almost totally ignored by the majority of men in public life? Why was it that, with a few worthy exceptions, there was a lack of sincerity, of conviction upon this question, and of out- standing moral power among those who were prominent in politics ? Why was it that although over five and a half million voters had voted for prohibition in the thirty-two states which had held popular elections, comprising nearly 57 per cent of those voting, the leading officers who were chosen to administer the law were almost exclusively those who were pointed to as having never voted for prohibition, as having not been interested in it and some of whom acknowledged that they had been drinkers since the Amendment had been in force? Were there none of the five and a half millions who were qualified? Why was it that although Congress was reported to be growing drier following each successive election that only one outstand- ing dry measure was passed in the seven years following the enactment of the Volstead Act? Why was it that although Congress was classed as dry, in the Sixty-ninth Congress, organized in December, 1925, the three most strategic and powerful positions in the House were as- signed to men with decidedly wet records, the positions of NATIONAL PROHIBITION—1920-1925 509 Speaker, Majority Floor Leader and the Chairman of the Judi- ciary Committee? Why was it that the Cabinet officers appointed to head the two most important departments responsible for carrying prohibition into effect were men with records decidedly anti-prohibition ° Why was it that when the President of the United States in a budget message uttered the most favorable words yet con- tained in a presidential message, he accompanied these words by a budget recommendation which provided for a reduction of several hundred thousand dollars in the appropriation for the Prohibition Unit? Certainly there must have been some more fundamental reason for these conditions than appears upon the surface. Some reasons commonly or superficially given should be eliminated. These con- ditions cannot be explained by the personal attitude of certain office-holders. Occupants of key offices such as the Presidency or the Attorney-Generalship would change but the quality of the administration continued largely the same. They were not due to a lack of education. Education is important, and should be continued, but “every schoolboy knows’ that the liquor traffic is bad and that prohibition is in the Constitution and should be enforced. They were not due to a lack of public sentiment upon this question. As hereinbefore described, some of the worst ad- ministration prevailed in those states which had voted more than two to one for prohibition. The difficulty was that public senti- ment was not applied to the government in such a manner as to control the government and cause it to function effectively. A fundamental reason for the scandalous, yea, despicable, administrative situation can be found in the political system which underlies the administration of prohibition—in the com- position of our politics. The crux of the matter is that although we have placed prohibi- tion in the Constitution, we have continued a political system under which both parties are so composed that they do not give an honest and sincere administration of prohibition, Both are composed of supporters and opponents of prohibition and both are unwilling to alienate the anti-prohibition fraction of their membership. Let us consider briefly the outstanding political factors in the situation : 1. No study of the present situation can ignore the historical background of the tremendous influence which the liquor power wielded in American politics for more than half a century. It 510 PROHIBITION IN THE UNITED STATES debauched voters in large numbers, plumped their votes in great masses, supplied campaign funds, wielded the balance of power, made alliances with party machines, in some sections took full command of the parties and in many ways, more fully discussed in other chapters, exercised an influence in politics as did no other interest. Both parties were under the domination of the liquor power.*” 2. The liquor power did not accept defeat even with the plac- ing of prohibition in the Constitution. It tefused to respect the Constitution. It treated the Eighteenth Amendment as a “scrap of paper.” Most of the breweries remained intact, having been permitted, very unwisely, by the Volstead Law to make regular beer, ostensibly with a view to dealcoholization. Since 1862 the breweries had been the chief factor in liquor politics and liquor aggression. Most of the breweries continued, some as makers of cereal beverages. Hundreds were caught in violating the law, some were dormant so far as manufacture was concerned but practically all were components of a vicious power which carried on a continuous assault against prohibition. Under various aliases they carried on a propaganda for some modification which would permit the return of beer. The saloon as a political center had been practically eliminated, but the outlawed liquor power sought to devise new methods of corralling votes. Continued political activity was an inherent and preeminent part of the program of the wets not only because it was only through politics that they could possibly hope to ultimately obtain some kind of modification, but current politics was the means whereby they could weaken enforcement, provide a greater opportunity for the sale of liquor and bring prohibition into disrepute. By trying to make voters dissatisfied with the kind of prohibition which was apparent, they hoped to incite them against it and add to the number of voters who could be utilized in the advancement of their schemes. Starting with their long-seated position of power in party councils and long ex- perience in politics they sought to prevent effective enforcement. Among other things they intimidated the politicians. In 1924 three wet organizations formed a joint committee with some officers of the American Federation of Labor looking towards the modification of the Volstead Act and they claimed that they could control seven million votes. They threatened to wield the balance of power in pivotal states in the presidential 82 For a fuller discussion of the liquor power in politics, see infra, Chapter XXVII, NATIONAL PROHIBITION—1920-1925 511 election. It is known that early in 1924 on at least two occasions representatives of prominent wet organizations—one with a name signifying opposition to a part of the Constitution—were admitted to conference with the President in the White House.*? Apparently they sought to intimidate the President of the United States on the eve Sf: a presidential campaign. 3. Likewise the present situation cannot be interpreted prop- erly without taking into consideration the political methods by which prohibition was adopted. In the adoption of state prohib- itory legislation the predominant method was the use of the referendum in which the parties played only a very small part. In the adoption of national constitutional prohibition the chief political objective was to elect Congressmen who would vote to submit and legislators who would vote to ratify. The political method was known as the omni-partisan method. The Anti- Saloon League was its chief advocate and it advised people to stay in their own parties and work for individual dry candidates. It distinctly disavowed any desire to have either party champion prohibition as a party measure.° As a result neither party was committed to prohibition. Upon other leading national questions which required national action the parties generally made some commitment. But upon pro- hibition there was no commitment. 4. There was no national union of the moral forces to secure control of the administration of the government. Under the omni-partisan method such union as was brought about was chiefly within the parties in the primaries and within districts and states. In the one-party states and districts, where the direct primary prevailed or where the sentiment was overwhelmingly dry, in each of which conditions the wets were unable to wield the balance of power, this method resulted in the election of a good many individual legislators. But it was unsuited to the task of electing the whole corps of officers needed, the very thing which it is a prominent function of the party to encompass.** There having been no national political union and the voters having been advised to stay in their own parties the moral forces continued to be divided between the parties which were so com- posed that in each party the influence of the dry voters was counteracted by an aggressive opposing wet interest within the same party. 83 Record of White House appointments published in the Washington papers supplemented by personal inquiry by the writer. 84 For a discussion of the omni-partisan plan, see Chapter XXI. 35 For a study of the function of parties, see Chapter XXIX. 512 PROHIBITION IN THE UNITED STATES In fact the drys were yoked in party membership with the wets, so yoked that they were unable to secure a satisfactory enforce- ment of the law. The wet element practically placed a veto upon aggressive enforcement. This meant inaction, lax enforce- ment, or worse, and the failure to achieve the proper degree of the benefits of prohibition. Notwithstanding that the drys com- prised a majority, the difficulty was in the methods used and in the fact that the drys were not so organized as to control the government. 5. The parties remained substantially as they were before pro- hibition, The party composition was not greatly changed. Fkach party was composed of both elements, the drys and the wets. In the case of both parties the party composition was such that the party was unwilling to enforce the law to the extent of driving out the wet vote. Lifelong aggressive wets» could hold the highest appointive positions such as Cabinet offices, as well as those most loyal to the Constitution. In fact they were preferred, as they would be less likely to alienate mobile wet votes. 6. Each party was radically divided upon the question of prohibition, Prohibition received no united support from either party, one of which administered the government. Neither party was responsible for prohibition. It was an outside affair so far as the party, the very organization responsible for the administra- tion of the government, was concerned. Prohibition had been placed upon the statute book and in the Constitution outside of party. It was the law and it was the duty of the party in power to enforce it, but in many ways the party leaders manifested their feeling that it was an unpleasant duty which they were dis- inclined to perform. 7. Prohibition was looked upon as a troublesome question politically. Whether an administration enforced it or failed to enforce it, it was bound to alienate some voters. But the wet voters were more easily alienated. They would leave on less provocation. They were more mobile, more bossible, more cor- ruptible, were more easily manipulated. They were more likely to go in a body. The typical political attitude was to make such concessions to both sides as seemed to be necessary. This took the form, as it had done frequently in the history of prohibition, of giving the drys the law and the wets the administration. A policy of inac- tion and excuses was generally easier and less dangerous than a policy of aggressive enforcement. The result was, the desire NATIONAL PROHIBITION—1920-1925 513 to keep from alienating the wets resulted in paralyzing the arm of the government. 8. Under our present political system the objective of both parties is to carry the close states, especially those with a large electoral vote. Several of these states are the leading wet states. ' Each party is afraid of alienating a wet balance of power in cer- tain strategic close states. Each party as at present composed is unable to give prohibition a sincere and effective support. The consequence is, we experi- ence the poor administration heretofore described. Some people assume that this is because prohibition is unenforceable whereas the poor administration is due primarily to the composition of the political system underlying prohibition and to the fact that the prohibition forces have not finished their work. 9. Notwithstanding that prohibition is a part of the Constitu- tion, the party in power, being dependent upon the wet vote in close states for its margin of plurality, does not enforce this part of the Constitution beyond the point where, in the view of the party leaders, the enforcing might endanger the party. Prohibi- tion has been sacrificed for the sake of party interest. Notwithstanding that lax enforcement means a reign of law- lessness, the poisoning and destruction of citizens, disrespect for the Constitution and a tendency toward anarchy, the major parties choose to subserve the votes of an outlaw and criminal traffic by such a lax enforcement. Furthermore, and deplorable though it is, multitudes of good citizens, disappointed, discouraged, bewildered and seeming to know not what else to do, continue to vote for such parties. 10. A study of Prohibition in the United States fails at the most crucial point if it fails to appreciate that prohibition as thus far experienced has been without the support of that pre- eminent, all pervading and most essential organ of government, the political party in power. Prohibition thus far has been playing Hamlet with Hamlet left out. 11. The features of maladministration and duplicity of poli- ticians and political leaders are by no means new in the prohibi- tion movement. They have been characteristic not merely of the period 1920-1925. They have been common, widespread and persistent from 1851 down, as can be discerned in some of the earlier chapters of this book. It was a similar composition of our political system, and the lack of a union in a political party to administer the government, which underlay the lack of greater success of the prohibition B14 PROHIBITION IN THE UNITED STATES movements of the fifties and the eighties and which drove the great thinkers and leaders of the movement, like Neal Dow, John Russell, John B. Finch, John P. St. John, Frances E. Wil- lard and many others to the earnest championship of the Pro- hibition party. Today their philosophy is just as sound as ever before and more worthy of acceptance because more fully demonstrated by the experience of the years. 12. In order to prevent the repetition of the unsatisfactory and discouraging type of administration which prevailed most of the time for over half a century in Maine and for about a quarter of a century in Kansas, a type of administration which was a leading factor in repealing prohibition in all but one of the fifteen other states which adopted it prior to 1907, and which is critically endangering the success of constitutional prohibition at the present moment, the fundamental lesson of prohibition history is that, above all, prohibition needs a party in power committed to it as a matter of principle.* 13. The work of prohibition is but fractionally completed. Said Frances E. Willard forty years ago, in 188s: We have discovered that the saloon is entrenched in politics even more firmly than in law.3? We have driven the saloon from its protection in law but it remains entrenched in politics to make a mockery of the law. 14. T’o complete the work of making national prohibition effective : A. There needs to be a reorganization of our politics so that the liquor power shall be completely dislodged from politics as well as from law. B. There needs to be a realignment of the voters so that those who believe in upholding the great moral provision of the Constitution shall not be yoked with those who seek to nullify it. Those who believe prohibition is right should cease voting with those who believe it is wrong. C. There needs to be a union, a coming together into a political party, of the multitudes who believe in prohibition, who believe in the Constitution, who believe in a government of law and order, who believe in America’s capacity to achieve a great moral advance, that they may obtain control of the whole government. 86 For a fuller discussion of Prohibition and the American Governmental System, see Chapter XXIX, 87 For the political messages of Frances E., Willard, see Chapter XVI. NATIONAL PROHIBITION—1920-1925 515 D. There needs to be a party which is not dependent upon the liquor element for an essential component part of its plurality. E. There needs to be a party which will elect a President com- mitted to prohibition by personal conviction and party prin- ciple, a President abounding in capacity to use his tremendous power as the head of the administration, as the leader of his party and as the leader of the nation in behalf of this great Cause. F. There needs to be a regeneration of our politics. There needs to be the transforming power of a great national political ideal which will purify politics and make it a worthy instrument of attaining the transcendent ideals of which the Prohibitionists long have dreamed—a nobler citizenship, a better world here and now, the coming nearer of the Kingdom of God on earth.* 38 For bibliography, see the close of Chapter XXIV. le III. IV. Chapter X XVI THE UNITED STATES SUPREME COURT AND PROHIBITION The Four Groups of Decisions Those upholding the principle of prohibition and establish- ing its constitutionality. The License Cases of 1847. Bartemeyer v. Iowa. Beer Co. v. Massachusetts. Foster v. Kansas. Crowley v. Christensen. Crane v. Campbell. Samuels v. McCurdy. The Question of Compensation. Mugler v. Kansas. Finch’s preceding argument. Three points of the Great Decision: Manufacture for private use or export. Compensation. Abatement of Nuisances and In junction. The Interstate Commerce Cases. Bowman v. Chicago & Northwestern Railway Company. Leisy v. Hardin, the Original Package Decision. The Wilson Law: In re Rahrer. Rhodes v. Iowa. Later Decisions upholding National Legislation. Upholding the Webb-Kenyon Law. James Clark Distilling Co. v. Western Maryland Railroad Co. Sustaining the Reed Amendment. United States v. Hill. United States v. Simpson. War Time Prohibition Constitutional. Hamilton v. Kentucky Distilleries, 516 UNITED STATES SUPREME COURT 517 Upholding the Volstead Law. Jacob Ruppert v. Caffey. Upholding the Method of Ratification of the Eighteenth and Nineteenth Amendments. Hawke v. Smith. The Culminating Decision Upholding the Eighteenth Amendment and the Law for its Enforcement. National Prohibition Cases. Rhode Island v. Palmer. The principle of prohibition has been thoroughly and repeatedly upheld by the decisions of the United States Supreme Court. Before that exalted tribunal the constitutionality of prohibition has been assailed from every angle by some of the highest paid lawyers in the country, but the only effect of each fresh assault has been to leave prohibition more impregnable than before. There was a group of decisions which some might interpret as contrary to this statement—those growing out of the conflict between the police power of the states and the commerce power of the federal government. But these cases, although limiting the scope of state prohibition, were by no means antagonistic to the principle of prohibition and their effect was to emphasize the national character of the prohibition question. The court decisions have had such an influence on the course of the prohibition reform that any history bearing upon the prohi- bition question would be incomplete without including the judicial phase. THE FOUR GROUPS OF DECISIONS There are four groups of decisions which have influenced the history of the whole prohibition movement: I. The first group comprises those cases upholding the prin- ciple of prohibition and establishing its constitutionality, begin- ning with the License Cases in 1847. II. The compensation case of 1887, which was important enough to be considered in a class by itself. III. The cases involving interstate commerce, relating to the conflict between the police power of the states and the commerce power of the federal government beginning in 1888 and extending to the upholding of the Webb-Kenyon Law in 1917. IV. The decisions upholding national legislation, the Webb- 518 PROHIBITION IN THE UNITED STATES Kenyon Law, the Reed Amendment, War Prohibition, Consti- tutional Prohibition, and the Volstead Act. I. Cases UPHOLDING THE PRINCIPLE OF PROHIBITION. The License Cases of 1847 Even before the enactment of the famous Maine Law of 1851 the Supreme Court had upheld the right to prohibit the liquor traffic. Chief Justice Taney had declared: “If any State deems the retail and internal traffic in ardent spirits injurious to its citizens and calculated to produce illness, vice, or debauchery, I see nothing in the Constitution of the United States to prevent it from regulating and restraining the traffic or from prohibiting it altogether if it thinks proper.” The License Cases (5 Howard, 504), 1847, were three cases brought up from Massachusetts, Rhode Island and New Hamp- shire, respectively, arising from state laws passed for the purpose of discouraging the use of ardent spirits within their respective territories by prohibiting their sale in small quantities and with- out licenses previously obtained from the state authorities. It was brought out in the argument that owing to many of the authorities refusing to grant licenses, the effect was to bring about prohibi- tion. The validity of the state laws was drawn in question upon the ground that they were repugnant to that clause of the Constitu- tion of the United States which confers on Congress the power to regulate commerce with foreign nations and among the several states. In determining the constitutionality of the state statutes one of the chief points for consideration was whether there was any conflict between the exercise by Congress of its power to regulate commerce with foreign countries, or among the several states, and the exercise by a state of its police power. In separate opinions, filed by the individual justices, the laws of these states were upheld, notwithstanding that the New Hamp- shire case was one in which the liquor had been brought from another state and sold in New Hampshire in the original package. Most of the discussion in the decision was upon the interstate commerce aspect, there having been no question in the minds of the court that, when only internal commerce was involved, a state could prohibit if it desired. The Court decided that, even though the liquor was an import UNITED STATES SUPREME COURT 519 from another state and although Congress clearly has the power to regulate such importation, yet, in the absence of action by Congress, the liquor could be regulated by the state as soon as it is landed in its territory and a tax could be imposed, or a license required, or the sale altogether prohibited, according to the policy which the state may suppose to be its duty or interest to pursue. Justice Grier declared: The true question presented by these cases, and one which I am not disposed to evade, is whether the states have a right to prohibit the sale and consumption of an article of commerce which they believe to be pernicious in its effects, and the cause of disease, pauperism and crime... . Without attempting to define what are the peculiar subjects or limits of this power, it may safely be affirmed that every law for the restraint and punishment of crime, for the preservation of the public peace, health, and morals, must come within this category. . . . It is not necessary, for the sake of justifying the state legislation now under consideration, to array the appalling statistics of misery, pauperism, and crime, which have their origin in the abuse or use of ardent spirits. The police power, which is exclusively in the states, is alone competent to the correc- tion of these great evils, and all measures of restraint or prohibition necessary to effect the purpose are within the scope of that authority. This decision in the License Cases was the accepted doctrine for over forty years. It came to be the settled practice that liquors transported from one state into another became subject to the laws of the state into which shipped, the same as liquor made within the state. In the decade following the decision in the License Cases thir- teen states passed prohibitory laws and with the exception of one state, Indiana, in 1855, the principle of prohibition has been upheld in the highest court of every state. Certain provisions of the New York Act of 1855 were declared unconstitutional but the main principle stood. Cases Establishing the Constitutionality of Prohibition For many years, more than a quarter of a century, the right to prohibit was not seriously contested in the Supreme Court. The liquor interests probably found it easier to overcome prohibition through political manipulation than through legal argument. But after the adoption of the Fourteenth Amendment, follow- ing the Civil War, violators of state laws sought to take refuge behind that part of the Fourteenth Amendment which says: No state shall make or enforce any law which shall abridge the 520 PROHIBITION IN THE UNITED STATES privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Then followed a series of attacks on prohibition as violative of some provision of the Constitution, all of which were decisively settled by the decisions of the Supreme Court. These cases extending from 1873 to 1890 firmly established step by step the complete constitutionality of prohibition. The first of these cases to reach the Supreme Court was that of Barte- meyer v. lowa (18 Wall. 129), 1873. The Court declared that, as a measure of police regulation for the preservation of public morals, a state law prohibiting the manufacture and sale of in- toxicating liquors is not repugnant to any clause of the Constitu- tion prior to the Fourteenth Amendment. The Court further declared that the right to sell intoxicating liquors is not one of the privileges and immunities of citizens of the United States which by the Fourteenth Amendment the states were forbidden to abridge. The next leading liquor case was Beer Co. v. Massachusetts (97 U. S. 25), 1877. This involved the provision in Article 1, Section 10, of the Constitution that no state shall pass any law impairing the obligation of contracts. A brewery chartered by the state before prohibition was adopted claimed that the charter was a contract which could not be impaired by a subsequent prohibi- tory statute. The Supreme Court decided that all rights are held subject to the police power of the state; and if the public safety or the public morals requires the discontinuance of any manufacture or traffic, the legislature may provide for its discontinuance notwithstanding individuals or corporations may thereby suffer inconvenience. It further held that, as the police power of a state extends to the protection of the lives, health and property of the citizens and the preservation of good order and public morals, the legislature cannot by any contract, divest itself of the power to provide for these objects. They belong to that class of objects which demand the application of the maxim, Salus populi suprema lex: and they are to be attained and provided for by such appropriate means as the legislative discretion may devise. In the case of Foster v. Kansas (112 U. S. 201), 1884, the Court said that the question as to the constitutional power of the state to prohibit the manufacture and sale of intoxicating liquor was no longer an open one in the Court. UNITED STATES SUPREME COURT 521 The next important decision was the case of Mugler v. Kan- sas in 1887 wherein the Kansas law prohibiting the manufacture of intoxicating liquor for beverage purposes was sustained and wherein it was also decided that prohibition does not conflict with that part of the Fourteenth Amendment which says that no state shall deprive any person of life, liberty or property without due process of law. This case and the interstate commerce cases 1888-1890 are hereinafter discussed separately. Crowley v. Christensen (137 U. S. 86), again upholding the principle of prohibition, is the culminating decision with respect to setting forth the sound legal reason for prohibition. It de- molished the contention that the liquor question was not properly a matter for legislation and flatly denied that there was any in- herent right in a citizen to sell intoxicating liquors. The case was that of a man who had sold liquor in San Francisco after having been refused a license. The Court said: It is undoubtedly true that it is the right of every citizen of the United States to pursue any lawful trade or business, under such restrictions aS are imposed upon all persons, of the same age, sex, and condition. But the possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed by the governing authority of the country essential to the safety, health, peace, good order, and morals of the community. Even liberty itself, the greatest of all rights, is not unrestricted license to act according to one’s own will. It is only freedom from restraint under conditions essential to the equal enjoyment of the same right by others. It is, then, liberty regulated by law. The right to acquire, enjoy and dispose of property is declared in the constitu- tions of several States to be one of the inalienable rights of man. But this declaration is not held to preclude the legislature of any State from passing laws respecting the acquisition, enjoyment and disposition of property. . . . As to the enjoyment of property, the rule is general that it must be accompanied with such limitations as will not impair the equal enjoyment by others of their property... . It is urged that as the liquors are used as a beverage and the injury following them, if taken in excess, is voluntarily inflicted and is confined to the party offending, their sale should be without restriction, the contention being that what a man shall drink, equally with what he shall eat, is not properly a matter for legislation. There is in this position an assumption of fact which does not exist, that when liquors are taken in excess the injuries are con- fined to the party offending. The injury, it is true, first falls upon him in his health, which the habit undermines; in his morals, which it weakens, and in the self-abasement which it creates. But, as it 522 PROHIBITION IN THE UNITED STATES leads to neglect of business and waste of property and general demoralization, it affects those who are immediately connected with and dependent upon him. By the general concurrence of opinion of every civilized and Christian community, there are few sources of crime and misery to society equal to the dramshop, where intoxicating liquors in small quantities to be drunk at the time are sold indiscriminately to all parties applying. The statistics of every State show a greater amount of crime and misery attributable to the use of ardent spirits obtained at these retail liquor saloons than to any other source. The sale of such liquors in this way has heretofore been, at all times, by the courts of every State, considered as the proper subject of legislative regulation. Not only may a license be exacted from the keeper of the saloon before a glass of his liquor can thus be dis- posed of, but restrictions may be imposed as to the class of persons to whom they may be sold, and the hours of the day and days of the week on which the saloons may be opened. Their sale in that form may be absolutely prohibited. It is a question of public expediency and public morality and not of federal law. The police power of the State is fully competent to regulate the business, to mitigate its evils or to suppress it entirely. There is no inherent right in a citizen to thus sell intoxicating liquors by retail; it is not a privilege of a citizen of the State or a citizen of the United States. As it is a business attended with danger to the community it may, as already said, be entirely prohibited, or be permitted under such conditions as will limit to the utmost its evils. The manner and extent of regulation rests in the discretion of the governing authority. This decision so thoroughly settled the right to prohibit that since 1890 the contrary contention has had no standing before the United States Supreme Court. Crane v. Campbell. In 1917 the Supreme Court went still further. The cases thus far had upheld the right to prohibit the manufacture of and traffic in liquor. In Crane v. Campbell (245 U. S. 304), 1917, the Supreme Court declared that the right to hold intoxicating liquors for personal use is not a con- stitutional privilege of a citizen, and that a state may prohibit and punish the possession of intoxicating liquors for personal use. This was an Idaho case in which the plaintiff in error was ar- rested and held in custody, solely because charged with having in his possession a bottle of whisky for his own use and benefit and not for purpose of giving away or selling the same. The Supreme Court. after reviewing the Idaho legislation, in affrm- UNITED STATES SUPREME COURT 523 ing the judgment of the State Court against the plaintiff in error, said: It must now be regarded as settled that, on account of their well- known noxious qualities and the extraordinary evils shown by ex- perience commonly to be consequent upon their use, a State has power absolutely to prohibit manufacture, gift, purchase, sale or transportation of alcoholic liquors within its borders without vio- lating the guarantees of the Fourteenth Amendment. .. . As the State has the power above indicated to prohibit it may adopt such measures as are reasonably appropriate or needful to render exercise of that power effective. ... And considering the notorious difficulties always attendant upon efforts to suppress the traffic in liquors, we are unable to say that the challenged inhibition of their possession was arbitrary and un- reasonable or without proper relation to the legitimate legislative purpose. We further think it clearly follows from our numerous decisions upholding prohibition legislation that the right to hold intoxicating liquors for personal use is not one of the fundamental privileges of a citizen of the United States which no state may abridge. A contrary view would be incompatible with the undoubted power to prevent the manufacture, gift, sale, purchase or transportation of such articles, the only feasible ways of getting them. An assured right of possession would necessarily imply some adequate method to obtain not subject to destruction at the will of the State. Samuels v. McCurdy (267 U.S. 188). In this case in March, 1925, the Supreme Court sustained the constitutionality of a Georgia law prohibiting the possession of intoxicating liquors although such liquors had been acquired before the state law became effective. II. THE QUESTION OF COMPENSATION. MUGLER v. Kansas, 1887. For a number of years a struggle over the question of com- pensation for those deprived of their property on account of prohibition had been forecast. In the case of Bartemeyer v. Iowa in 1873 there was a broad intimation that, if a case were presented in which a person owning liquor or other property at a time the statute was enacted, there would be a grave question whether this might be a deprivation of property without due process of law, and consequently re- pugnant to the Fourteenth Amendment. | Likewise in Beer Co. v. Massachusetts, 1877, there was a state- 524 PROHIBITION IN THE UNITED STATES ment: “We do not mean to say that property actually in existence and in which the right of the owner had become vested, may be taken for the public good without compensation.” But this was mere dicta, as the liquor involved was not in existence when the liquor law of Massachusetts was passed. In 1886 a United States Circuit Court, in a Kansas case, had decided against the taking of private property for the public good without compensation. And even the Supreme Court, in 1886, in some Iowa cases was evenly divided on the question of compensation, one of the nine justices having been unable to participate in the decision owing to sickness. In the state constitutional amendment campaigns of the eighties the question of compensation was one which was being raised by the opponents of prohibition to create opposition to prohibition. In the campaign for a prohibition constitutional amendment in Michigan in 1887 the question of compensation was strongly argued. In March of that year John B. Finch, Chairman of the Prohibition National Committee, in a famous debate in Detroit discussed the subject in answer to the arguments of an opponent. Finch’s logical argument anticipated the reasoning of the Supreme Court eight months later. He said: Government compensates for private property taken for public use. Government never compensates for prohibiting the wrongful or injurious use of private property. If the liquor business had produced the same results as the dry goods business there would have been no attempt to prohibit it. The prohibition is the result of the effects of the business. It has made its own suppression necessary and cannot plead its own wrongs in a court of equity.2 He called attention to the fact that the license issued to a saloon-keeper is for one year, the bond is for one year and when the saloon-keeper enters the traffic he knows that at the expiration of the year all privileges and all rights under that license and that bond expire and no mandamus will lie to compel the officers to renew the privilege. Those engaged in the liquor traffic knew it was an exceedingly risky business and one which might be suppressed at any time. Repeated court decisions had served to give notice that their traf- fic was not regarded as being in the same class with legitimate business. The precedents wherein such evils as slavery and lotteries had been abolished without compensation to the slaveholder and lot- tery keeper were cited against compensation to the liquor interests. 1John B, Finch, His Life and Work, Pp. 300. UNITED STATES SUPREME COURT 525 Furthermore, by the taxpaying people it was felt that if there should be any compensation at all it should be paid by the liquor interests for the colossal and irreparable ruin they had wrought rather than given by the state to the liquor interests. It is now worthy of comment that never in the history of pro- hibition in the United States has compensation been granted as an incident of the prohibitory laws. But before the sweeping decision in the case of Mugler v. Kansas the future was uncertain. In this situation the case decided in December, 1887, was ap- propriately called “The Great Prohibition Decision.” It sum- marized the principles decided in the earlier liquor cases and added the decision that a state has the right to prohibit the manufacture of liquors for the manufacturer’s own use, that compensation is not necessary, and that a state can enact a law providing for the closing of liquor premises as nuisances without jury trials. Mugler v. Kansas (123 U.S. 623), 1887, was a case wherein the owners of Kansas breweries were being prosecuted for vio- lation of the Kansas prohibition law by selling beer which had been manufactured before the passage of the act. The buildings and machinery constituting the breweries had been specially con- structed for making beer and were of little value if not used for that purpose. The issue was, whether the prohibition statute of Kansas was in violation of the Fourteenth Amendment. The Court reviewed the preceding decisions and showed that those decisions had made clear that legislation by a State prohibiting the manufacture within her limits of intoxicating liquors to be sold therein or bartered for general use as a beverage does not necessarily in- fringe any right, privilege or immunity secured by the Constitu- tion of the United States. Manufacture for Private Use or Export The breweries had contended however that no legislature has the right to prohibit any citizen from manufacturing for his own use, for export or storage, any article of food or drink not en- dangering or affecting the rights of others. The Court answered: If such manufacture does prejudicially affect the rights and in- terests of the community, it follows, from the very premises stated, that society has the power to protect itself, by legislation, against the injurious consequences of that business. As was said in Munn 526 PROHIBITION IN THE UNITED STATES v. Illinois, while power does not exist with the whole people to control rights that are purely and exclusively private, government may require each citizen to so conduct himself, and so use his own property as not unnecessarily to injure another. But by whom, or by what authority, is it to be determined whether the manufacture of particular articles of drink, either for general use or for personal use of the maker, will injuriously affect the public? Power to determine such questions, so as to bind all, must exist somewhere; else society will be at the mercy of the few, who, regarding only their own appetites or passions, may be willing to imperil the peace and security of the many, provided only they are permitted to do as they please. Under our system that power is lodged with the legislative branch of the government. It belongs to that department to exert what are known as the police powers of the State, and to determine primarily what measures are appro- priate or needful for the protection of the public morals, the public health, or the public safety. ... . It is difficult to perceive any ground for the judiciary to declare that the prohibition by Kansas of the manufacture or sale, within her limits, of intoxicating liquors for general. use there as a bev- erage, is not fairly adapted to the end of protecting the community against the evils which confessedly result from the excessive use of ardent spirits. There is no justification for holding that the State, under the guise merely of police regulations, is here aiming to de+ prive the citizen of his constitutional rights; for we cannot shut out of view the fact, within the knowledge of all, that the public health, the public morals, and the public safety may be endangered by the general use of intoxicating drinks; nor the fact, established by statistics accessible to every one, that the idleness, disorder, pauper- ism, and crime existing in the country are, in some degree at least, traceable to this evil. If, therefore, a State deems the absolute prohibition of the manufacture and sale, within her limits, of in- toxicating liquors for other than medical, scientific, and manufac- turing purposes, to be necessary to the peace and security of society, the courts cannot, without usurping legislative functions, override the will of the people as thus expressed by their chosen representa- TLV Sse ty te If, in the judgment of the legislature, the manufacture of in- toxicating liquors for the maker’s own use, as a beverage, would tend to cripple, if it did not defeat, the efforts to guard the com- munity against the evils attending the excessive use of such liquors, it is not for the courts, upon their views as to what is best and safest for the community, to disregard the legislative determination of that question. So far from such a regulation having no relation to the general end sought to be accomplished, the entire scheme of prohibition, as embodied in the constitution and laws of Kansas, might fail, if the right of each citizen to manufacture intoxicating UNITED STATES SUPREME COURT 527 liquors for his own use as a beverage were recognized. Such a right does not inhere in citizenship. Nor can it be said that govern- ment interferes with or impairs any one’s constitutional rights of liberty or of property, when it determines that the manufacture and sale of intoxicating drinks, for general or individual use, as a bev- erage, are, or may become, hurtful to society, and constitute, there- fore, a business in which no one may lawfully engage. Those rights are best secured, in our government, by the observance, upon the part of all, of such regulations as are established by competent authority to promote the common good. No one may rightfully do that which the law-making power, upon reasonable grounds, declares to be prejudicial to the general welfare. “A year later in Kidd v. Pearson (128 U.S. 1) the Court upheld the power of the state to prohibit the manufacture of liquor even though the manufacturer intended to export the liquor when made. Compensation Refused Continuing, in the decision in Mugler v. Kansas, the Supreme Court said: It is contended by the defendants that, as the primary and prin- cipal use of beer is as a beverage; as their respective breweries were erected when it was lawful to engage in the manufacture of beer for every purpose; as such establishments will become of no value as property, or, at least, will be materially diminished in value, if not employed in the manufacture of beer for every purpose; the prohibition upon their being so employed is, in effect, a taking of property for public use without compensation, and depriving the citizen of his property without due process of law. In other words, although the State, in the exercise of her police powers, may law- fully prohibit the manufacture and sale, within her limits, of in- toxicating liquors to be used as a beverage, legislation having that object in view cannot be enforced against those who, at the time, happen to own property, the chief value of which consists in its fitness for such manufacturing purposes, unless compensation is first made for the diminution in the value of their property, result- ing from such prohibitory enactments. This interpretation of the Fourteenth Amendment is inadmissible. It cannot be supposed that the States intended, by adopting that amendment, to impose restraints upon the exercise of their powers for the protection of the safety, health or morals of the community. In respect to contracts, the obligations of which are protected against hostile State legislation, this court in Butchers’ Union Co. v. Crescent City Co. (111 U.S. 746,751), said that the State could not, by any 528 PROHIBITION IN THE UNITED STATES contract, limit the exercise of her power to the prejudice of the public health and the public morals. So, in Stone v. Mississippi (ror U.S. 814,816), where the Constitution was invoked against the repeal by the State of a charter, granted to a private corporation, to conduct a lottery, and for which that corporation paid to the State a valuable consideration in money, the court said: “No legis- lature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. . . . Gov- ernment is organized with a view to their preservation, and cannot divest itself of the power to provide for them.” ... The principle, that no person shall be deprived of life, liberty, or property, without due process of law, was embodied, in substance, in the constitutions of nearly all, if not all, of the States at the time of the adoption of the Fourteenth Amendment; and it has never been regarded as incompatible with the principle, equally vital, be- cause essential to the peace and safety of society, that all property in this country is held under the implied obligation that the owner’s use of it shall not be injurious to the community... . The present case must be governed by principles that do not involve the power of eminent domain, in the exercise of which property may not be taken for public use without compensation. A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals or safety of the community, cannot, in any just sense, be deemed a taking or an appropriation of property for the public benefit. Such legislation does not disturb the owner in the control or use of his property for lawful purposes, nor restrict his right to dis- pose of it, but is only a declaration by the State that its use by any one, for certain forbidden purposes, is prejudicial to the public interests. .. . The power which the States have of prohibiting such use by individuals of their property as will be prejudicial to the health, the morals or the safety of the public, 1s not—and, con- sistently with the existence and safety of organized society, cannot be—burdened with the condition that the State must compensate such individual owners for pecuniary losses they may sustain, by reason of their not being permitted, by a noxious use of thew prop- erty, to inflict injury upon the commumty. The exercise of the police power by the destruction of property which is itself a public nuisance, or the prohibition of its use in a particular way, whereby its value becomes depreciated, is very different from taking property for public use, or from depriving a person of his property without due process of law. In the one case, a nuisance only is abated; in the other, unoffending property is taken away from an innocent owner. It is true, that, when the defendants in these cases purchased or erected their breweries, the laws of the State did not forbid the manufacture of intoxicating liquors. But the State did not thereby UNITED STATES SUPREME COURT 529 give any assurance, or come under an obligation, that its legislation upon that subject would remain unchanged. Indeed, as was said in Stone v. Mississippi (101 U.S. 814), the supervision of the public health and: the public morals is a governmental power, “con- tinuing in its nature,” and “to be dealt with as the special exigencies of the moment may require”; and that, “for this purpose, the largest legislative discretion is allowed, and the discretion cannot be parted with any more than the power itself.” So in Beer Co. v. Massa- chusetts (97 U.S. 32): “If the public safety or the public morals requires the discontinuance of any manufacture or traffic, the hand of the legislature cannot be stayed from providing for its discon- tinuance by any incidental inconvenience which individuals or cor- porations may suffer.” Abatement of Nuisances and Injunction Of scarcely less importance than the upholding of prohibition and the denial of the right of compensation was the approval given by this decision to the means of enforcing prohibition pro- vided by the Kansas law. A Kansas statute of 1885 contained provisions for the abatement of nuisances and for injunction pro- ceedings more radical than had hitherto been contained in any prohibitory law. The injunction law was enacted as a means for effectively and expeditiously enforcing the law. The power to enjoin a liquor establishment conducted and known as a nuisance had always been among the ordinary equity powers of Courts of Chancery and in very old statutes unlicensed liquor places were declared nuisances and this made them subject to abatement under the equity power of injunction. The Kansas statute, and similar ones in other states, enacted the details of procedure to procure abatement by injunction and thus make the remedy practicable. A leading factor in bringing about the utilization of this remedy was the experience with the difficulty of obtaining convictions in jury trials where one juror opposed to prohibition could prevent a conviction. In the lower courts where liquor cases were ordi- narily brought the machinery for the selection of jurors was commonly under the control of petty politicians. Even though the testimony might overwhelmingly indicate the guilt of the accused, personal feeling, partisan influence, political manipula- tion, and similar influences often prevented conviction. The Kansas law provided that all places where intoxicating liquors were manufactured, sold, bartered, or given away or kept 530 PROHIBITION IN THE UNITED STATES for sale, barter or delivery in violation of the law—that such places should be declared to be common nuisances, and upon the judgment of any court having jurisdiction finding such a place to be a nuisance, the proper officials (mentioned) should be directed to shut up and abate such place by taking possession thereof and destroying all intoxicating liquor found therein, together with all signs, bars, bottles, glasses and other property used in keeping and maintaining said nuisance. The law provided that the owner or keeper thereof should upon conviction be adjudged guilty of maintaining a common nuisance and fined and imprisoned. The law further provided that the attorney-general of the state, the county attorney or any citizen of the county could maintain an action in the name of the state to abate and perpetually enjoin the same. The injunction should be granted at the commencement of the action and no bond should be required. Any person vio- lating the terms of any injunction granted in such proceeding should be punished as for contempt by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not less than thirty days nor more than six months or by both such fine or imprisonment in the discretion of the court. This provision was the especial object of a vigorous attack by the breweries’ counsel. Here too the Court answered: We are unable to perceive anything in these regulations incon- sistent with the constitutional guarantees of liberty and property. The State having authority to prohibit the manufacture and sale of intoxicating liquors for other than medical, scientific and mechani- cal purposes, we do not doubt her power to declare that any place kept and maintained for the illegal manufacture and sale of such liquors, shall be deemed a common nuisance, and be abated, and at the same time to provide for the indictment and trial of the offender. One is a proceeding against the property used for for- bidden purposes, while the other is for the punishment of the offender. Upholding proceedings in equity for the purposes indicated in the statute as proper, the Court quoted Justice Story who said: In regard to public nuisances, the jurisdiction of courts of equity seems to be of a very ancient date, and has been distinctly traced back to the reign of Queen Elizabeth. . . . In case of public nuisances properly so called, an indictment lies to abate them, and to punish the offenders. But an information also lies in equity to redress the grievance by way of injunction. Continuing, the Court said: UNITED STATES SUPREME COURT 531 The ground of this jurisdiction . . . is the ability of courts of equity to give a more speedy, effectual and permanent remedy than can be had at law. They can not only prevent nuisances that are threatened, and before irreparable mischief ensues, but arrest or abate those in progress, and by perpetual injunction protect the public against them in the future: whereas courts of law can only reach existing nuisances, leaving future acts to be the subject of new prosecutions or proceedings. This is a salutary jurisdiction, especially where a nuisance affects the health, morals or safety of the community. Though not frequently exercised, the power un- doubtedly exists in courts of equity thus to protect the public against injlirvuleok. As to the objection that the statute makes no provision for a jury trial in cases like this one, it is sufficient to say that such a mode of trial is not required in suits in equity brought to enjoin a public nuisance. Thus in this “Great Decision” in 1887 was the principle of prohibition given the unqualified approval and support of the highest court in the land. III. Tue Interstate CoMMERCE CASES. The rejoicing over the sweeping decision in Mugler v. Kansas was ere long turned to consternation, particularly among those temperance groups who were pinning their faith to state pro- hibition as differentiated from the members of the Prohibition party who all along had emphasized National Prohibition. Although the principle of prohibition had been consistently and continuously supported by the Supreme Court, the spirit of na- tionalism, awakened following the Civil War, was emphasizing the powers of the national government, and when the powers of the states conflicted with those of the federal government the federal power prevailed. When the decision in the License Cases had been rendered in 1847 states rights ideas, as exemplified in Supreme Court de- cisions, had been in the ascendant, never more so than under the Chief Justiceship of Taney. The Constitution provides that “Congress shall have power to regulate commerce with foreign nations and among the several states.’ It also provides that the “Constitution and the laws which shall be made in pursuance thereof... shall be the supreme law of the land.” From an early period in the history of judicial decisions there has been a conflict between the reserved powers of the states, 532 PROHIBITION IN THE UNITED STATES especially the tax and police powers, and the commerce power of the national government. The interstate commerce decisions on the prohibition question were a part of that conflict. A distinct evolution in the assertion of federal interstate com- merce powers is discernible in the Supreme Court decisions. The interpretation of the commerce power has been one of the chief means by which the power of the federal government has been expanded and as the federal commerce powers increase any state powers in conflict therewith have to give way. In 1888, in the case of Bowman v. Chicago & Northwestern Railway Company (125 U.S. 465), an lowa statute forbidding common carriers to bring intoxicating liquors into the state from any other state or territory without having been furnished a certificate showing the consignee was authorized to sell such liquors, was declared unconstitutional because a regulation of commerce among the states and not sanctioned by Congress. The Court quoted decisions that beyond all question the trans- portation of freight, or of the subjects of commerce, for the purpose of exchange or sale is a constituent of commerce itself, and that “whatever may be the nature and reach of the police power of a state, it cannot be exercised over a subject confided exclusively to Congress by the federal Constitution.” Itjsaid: A State has legislative control, exclusive of Congress, within its territory, of all persons, things, and transactions of strictly internal concern. For the purpose of protecting its people against the evils of intemperance it has the right to prohibit the manufacture within its limits of intoxicating liquors; it may also prohibit all domestic commerce in them between its own inhabitants, whether the articles are introduced from other States or from foreign countries; it may punish those who sell them in violation of its laws; it may adopt any measures tending, even indirectly and remotely, to make the policy effective until it passes the line of power delegated to Con- gress under the Constitution. It cannot, without the consent of Congress, express or implied, regulate commerce between its people and those of the other States of the Union in order to effect its end, however desirable such a regulation might be. The statute of Iowa was held to be an attempt to exercise jurisdiction over property within the limits of other states. It was an unauthorized interference with the commerce power given to Congress. It was therefore declared unconstitutional. This decision went far to call attention to the fact that action UNITED STATES SUPREME COURT 533 by Congress was essential to the effective enforcement of pro- hibition and that the liquor question was a national one. This case did not involve the right of the importer to sell the liquor brought in from another state. But the next case did authorize such sale. Leisy v. Hardin, the Original Package Decision This was a case (135 U.S. 100), 1890, of brewers in Illinois having shipped beer in kegs and cases to their agent in Iowa Ww here it was sold in the original packages i in which it was shipped, kegs and cases. It was held by a majority of the Court, five to three, that the Iowa statute was unconstitutional in so far as it prohibited the sale of liquor by a foreign and non-resident im- porter in the package in which it was brought from another state. The decision went farther than the Bowman case ond over- ruled the 1847 decision in the Pierce v. New Hampshire case of the License Cases in which the New sree aaittie’ law, although affecting interstate commerce, was upheld, inasmuch as Congress had made no regulation upon the subject. The decision in the Leisy wv. Hardin case was that, inasmuch as interstate commerce is national in its character and must be governed by a uniform system, so long as Congress did not pass any law to regulate it specifically, or did not act in such a way as to allow the laws of the state to operate upon it, Congress thereby had indicated its will that such commerce should be free and untrammeled. While a state may exercise police power within its limits, yet a subject matter, interstate commerce, which has been confided exclusively to Congress by the Constitution is not within the jurisdiction of the police power of a state, unless placed there by Congressional action. However, upon local matters the Court declared the doctrine to be that, when the subject upon which Congress can act under its commercial power is local in its nature or sphere of operation, such as harbor pilotage, the improvement of harbors, the establishment of beacons and buoys to guide vessels in and out of port, the construction of bridges over navigable rivers, the erection of wharves, piers, docks, mand the like which can be properly regulated only by special provisions adapted to their localities, the state can act until Congress inter- feres and supercedes its authority. But when the subject is national in its character and admits and requires uniformity of regulation affecting alike all the states, including the importation of foods from one state into another, 534 PROHIBITION IN THE UNITED STATES Congress alone can act upon it. The absence of any law of Con- gress on the subject is equivalent to the requirement that com- merce in that matter shall be free. It is only after the impor- tation is completed and the property imported has mingled with and become a part of the general property of the state that the state’s regulations can act upon it. The point of time when an import becomes a part of the general property of the state is when the importer has so acted upon it that it has become incorporated and mixed up with the mass of property in the state. This happens when the original package is no longer in the hands of the importer. This interpretation re- specting the term, original package, followed the precedent of Brown v. Maryland, a case involving a tax on foreign imports in 1827, succeeded by other cases giving the term a technical definition. The conclusion was that the importers of beer had not only the right to receive it but to sell it in original packages, by which act alone it would become mingled in the common mass of property within the state. Up to that point of time, the time when sold, the state had no right to interfere. To concede to a state the power to exclude articles of commerce without Congressional per- mission is to concede to a state power to regulate interstate com- merce, a power which was granted to Congress alone. Effect of the Leisy v. Hardin Decision Through the Bowman decision the state prohibition laws were weakened because individuals were allowed to import liquor from other states. But through the Leisy v. Hardin decision these laws were practically nullified because the way was open for the wide- spread sale of liquors in original packages. Black, On Intoxi- cating Liquors (1892), describing the effects of this decision says: This decision was followed by immediate, widespread, and most pernicious results. The brewers and distillers, recognizing the extent of the protection afforded to them by this construction of the law, hastened to establish depots and agencies in states foreign to their own, and especially those where prohibition or stringent licensing provisions were in force, and there offered for sale their products in barrels, kegs, cases, and even small bottles. Several portions of the country, where the greatest advances towards the entire suppression of the traffic had previously been made, were at once populated with “original package saloons,” and thereby de- UNITED STATES SUPREME COURT 535 luged with intoxicants, and the officers of the law found their energies paralyzed by the claim of immunity under the Constitution.? In, Kansas saloon-keepers with their retinues of disreputable allies who had been driven out of the state came back. ‘The spectacle of these brazen and remorseless men returning to de- bauch the morals of the state aroused public indignation and contempt.” ® A great convention was called in Topeka on July 16, 1890. It was what the Kansans called “probably the largest temperance convention ever held upon the American continent.” All over the country there was an insistent demand upon Con- gress for immediate relief. The decision had repeatedly suggested that Congress had the power to cooperate by removing the re- strictions upon the states in dealing with imported articles. The Wilson Law Congress acted by passing within four months the Wilson Law which provided: All fermented, distilled or other intoxicating liquors or liquids transported into any state or territory or remaining therein for use, consumption, sale or storage therein, shall wpon arrival in such state or territory be subject to the operation and effect of the laws of such state or territory enacted in the exercise of its police powers to the same extent and in the same manner as though such liquids or liquors had been purchased in such state or territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. In re Rahrer The Wilson Law was declared constitutional in the case of In re Rahrer (140 U. S. 545), 1891. This law was described as an action by Congress divesting intoxicating liquors of their inter- state commerce character at an earlier period than would have been the case if Congress had not passed the law. Rhodes v. Iowa In 1898 in the case of Rhodes v. Iowa (170 U. S. 412) the Wilson Law was construed to mean that the powers of the state 2H. C. Black, A Treatise on the Law of Intoricating Liquors, p. 104. 3T. E, Stephens, Prohibition in Kansas, p. 22. 536 PROHIBITION IN THE UNITED STATES did not attach until the goods imported had been delivered to the consignee. . The term upon arrival did not mean arrival at the state line, but when delivered to the consignee. The effect of this decision was to permit individuals to receive and use liquor. But instead of permitting the sale of it as under the decision in the Leisy v. Hardin case the effect of the Wilson Law was to sub ject the sale or disposal of liquors to the law of the state. The decision opened the way for residents of prohibition and no-license territory to import all they wanted for personal use and it thus largely destroyed the effectiveness of the laws. In a decision immediately following, Vance v. Vandercook (170 U.S. 438), 1898, the Court said that under the Wilson Law every resident of a prohibition state is free to receive for his own use liquor from other states and that the inhibitions of state statutes do not operate to prevent liquors from other states from being shipped into a prohibition state on the order of a resident for his own use. In American Express Co. v. Iowa (196 U. S. 1 33), 1905, the Court decided a C. O. D. package of liquor was not subject to confiscation. After the Rhodes v. Iowa decision there was a continuous at- tempt on the part of the temperance organizations to get Congress to remedy the weakness of the Wilson Law by preventing the importation of liquor into prohibition states for personal use. In Congress after Congress bills were presented. In several Congresses Congressman Littlefield of Maine was the leader in this effort. But notwithstanding the efforts and appeals of the temperance’ people it was fifteen years after the decision in Rhodes v. Iowa before Congress passed any remedial legislation. This was the Webb-Kenyon Law of 1913. IV. Later Decisions. Upholding the Webb-Kenyon Law The Webb-Kenyon Law, entitled “An Act Divesting Intoxi- cating Liquors of their Interstate Character Under Certain Con- ditions,” provided: That the shipment or transportation in any manner or by any means whatsoever of any spirituous, vinous, malted, fermented or other intoxicating liquor of any kind including beer, ale or wine, a Se UNITED STATES SUPREME COURT 537 from one state, territory, or district of the United States into any other state, territory, or district of the United States, which said spirituous, vinous, malted, fermented or other intoxicating liquor is intended by any person interested therein to be received, pos- sessed, sold or in any manner used, either in the original package or otherwise, in violation of any such state, territory, or district of the United States enacted in the exercise of the police powers of such state, territory or district of the United States, is hereby prohibited. There was grave doubt as to the constitutionality of this act. The bill had been vetoed by President Taft, who had himself been a federal judge, supported by the opinion of the Attorney- General that it was unconstitutional, and had been passed over his veto. In the argument in this case the attorneys-general of fifteen states joined in presenting a brief in behalf of the statute. The law was upheld in the case of James Clark Distilling Co. v. Western Maryland Railroad Co. (242 U. S. 311), LO 17; Chief Justice White reviewed the legislative and judicial ante- cedents of the Webb-Kenyon Act. He said: To correct the great evil which was asserted to arise from the right to ship liquor into a state through the channels of interstate commerce and there receive and sell the same in the original package in violation of state prohibitions was indisputably the purpose which led to the enactment of the Wilson Law. There is no room for doubt that the Webb-Kenyon Law was enacted simply to extend that which was done in the Wilson Act, that is to say, its purpose was to prevent the immunity characteristic of interstate commerce from being used to permit the receipt of liquor through such com- merce in states contrary to their laws and thus in effect afford a means of subterfuge and indirection to set such laws at naught. The Leisy v. Hardin decision had declared that the power of Congress to regulate interstate commerce in intoxicants embraced the right to subject such movement to state prohibitions and that the freedom of intoxicants to move in interstate commerce and the protection of it from state control arose only from the absence of Congressional regulation and would endure only until Con- gress had otherwise provided. It said a subject matter which has been confided exclusively to Congress by the Constitution is not within the jurisdiction of the police power of the state unless placed there by Congressional action. As to the power of Congress to enact the Webb-Kenyon Law the Court said: It is not in the slightest degree disputed that if Congress had prohibited the shipment of all intoxicants in the channels of inter- 538 PROHIBITION IN THE UNITED STATES state commerce and therefore had prevented all movements between the several states, such action would have been lawful becatise within the power to regulate which the Constitution conferred. Inasmuch as the larger power of complete prohibition of inter- state shipments comprehends the lesser one, the Court held that Congress possessed the power “to establish a regulation, which is what was done by the Webb-Kenyon Law, making it impossible for one state to violate the prohibitions of another state through the channels of interstate commerce.” Sustaining the Reed Amendment The next important case to be decided was that involving the Reed Amendment. This was an amendment to the Post Office Appropriation Act enacted March 3, 1917. It provided: Whoever shall order, purchase, or cause intoxicating liquors to be transported in interstate commerce except for scientific, sacramental, medicinal and mechanical purposes, into any State or Territory, the laws of which State or Territory prohibit the manufacture and sale therein of intoxicating liquors for beverage purposes, shall be pun- ished as aforesaid; Provided, That nothing herein shall authorize the shipment of any liquor into any State contrary to the laws of such State. The Supreme Court, in United States v. Hill (248 U. S. 240), 1918, said that Congress may forbid the interstate transportation of intoxicating liquor without regard to the policy of any State. It construed the Reed Amendment as not being limited in its ap- plication merely to importation for commercial purposes but as applying also to the transportation of liquor upon the person and for the personal use of an interstate passenger. As so construed it was upheld. In United States v. Simpson (252 U. S. 465), 1919, it was held that the transportation of intoxicating liquor by the owner for personal use in his own automobile into a prohibition state is interstate commerce and violates the Reed Amendment, if the liquor is not intended for any of the purposes excepted in the Act. War Time Prohibition Constitutional After a protracted effort, with hope deferred, Congress en- acted a War Time Prohibition Act which was approved Novem- ber 21, 1918, ten days after the armistice with Germany was signed. UNITED STATES SUPREME COURT 539 In the decision in the case of Hamilton v. Kentucky Distil- leries (252 U. S. 146), 1919, the Court upheld the War Time Prohibition Act in every respect. It was held as within the war power when passed, notwithstanding the cessation of hostilities under the Armistice, as a means of war efficiency and for the support and care of the army and navy during demobilization. Upholding the Volstead Law On October 28, 19109, Congress passed over the President’s veto the National Prohibition Act, known as the Volstead Law, which provided means for enforcing both the War Time Pro- hibition Act and the Eighteenth Amendment. In the case of Jacob Ruppert v. Caffey (251 U. S. 264), 1920, there was involved that part of the National Prohibition Act which related to enforcing the War Time Prohibition Act. The Court said that the War Time Prohibition Act was valid and had not become invalid by a change of circumstances; also that Congress had the power to enact new prohibitions when the National Prohibition Act was passed, October 28, 1919, which was before the Eighteenth Amendment went into effect. The Court held that the provision in the Volstead Law that “the words ‘beer, wine or other. intoxicating malt or vinous liquors’ in the War Prohibition Act shall be hereafter construed to mean any such beverages which contain one-half of one per centum or more by volume,” was constitutional. ‘As a measure reasonably necessary to make the prohibition of intoxicating liquors effectual, Congress in the exercise of the war power may prohibit those liquors containing as much as one- half of one per cent of alcohol by volume even though they may not be in fact intoxicating. The war power of Congress is a broad power not merely to prohibit but to prevent the liquor traffic. It is as broad as the police power of the states as applied to the same subject. Congress has the power to “make all laws which shall be neces- sary and proper for carrying into execution’ the powers which it possesses. Since Congress has power to increase war efficiency by pro- hibiting the liquor traffic no reason appears why it should be denied the power to make its prohibition effective. As one of the chief points at issue in this case was whether Congress had the power to prohibit all beverage liquors containing 540 PROHIBITION IN THE UNITED STATES over one-half of one per cent of alcohol, the grounds for the de- cision of the Court on this point are of vital interest. The Court, speaking by Justice Brandeis, said: The legislation and decisions of the highest courts of nearly all the States establish that it is deemed impossible to enforce either prohibitory or regulatory laws if liability or inclusion within the law is made to depend upon the issuable fact whether or not a particular liquor is intoxicating. In other words it clearly appears that a liquor law, to be capable of enforcement must, in the opinion of the legislatures and courts of the several States, be made to apply to all liquors of the species enumerated, like beer, ale or wine, regardless of the presence or degree of alcoholic content or if a more general description is used, such as distilled, rectified, spirituous, fermented, malt or brewed liquors, to all liquors within that general description regardless of alcoholic content; or to such of these liquors as contain a named percentage of alcohol; and often several such standards are combined so that certain specific and generic liquors are forbidden and such others as contain a given percentage of alcohol. A test often used to determine whether a beverage is to be deemed intoxicating within the meaning of the liquor law is whether it contains one-half of one per cent of alcohol by volume. A survey of the liquor laws of the States reveals that in seventeen States the test is either a list of enumerated beverages without regard to whether they contain any alcohol, or the presence of any alcohol in a beverage, regardless of quantity; in eighteen States it is the presence of as much or more than one-half of one per cent of alcohol; in six States one per cent of alcohol; in one State, the presence of the “alcoholic principle”; and in one State two per cent of alcohol. Thus in forty-two of the forty-eight States malt liquor containing over two per cent of alcohol by weight or volume is deemed, for the purpose of regulation or prohibition, intoxicating as a matter of law. Only one State [Rhode Island] has adopted a test as high as 2.75 per cent by weight or 3.4 per cent by volume. Only two States permit the intoxicating character of an enumerated liquor to be put in issue. In three other States the matter has not been made clear either by decision or legislation. The decisions of the courts as well as the actions of the legislatures make it clear— or, at least, furnish ground upon which Congress reasonably might conclude—that a rigid classification of beverages is an essential of either effective regulation or effective prohibition of intoxicating liquors. Purity Extract Co. v. Lynch (226 U.S. 192) determined that state legislation of this character is valid and set forth with clear- ness the constitutional ground upon which it rests. “When a State exerting its recognized authority undertakes to suppress what it is — ie UNITED STATES SUPREME COURT 541 free to regard as a public evil, it may adopt such measures having reasonable relation to that end as it may deem necessary to make its action effective. It does not follow that because a transaction sepa- rately considered is innocuous it may not be included in a prohibi- tion the scope of which is regarded as essential in the legislative judgment to accomplish a purpose within the admitted powers of the Government. ... “The State . ... must decide upon the measures that are needful for the protection of its people and having regard for the artifices which are used to promote the sale of intoxicants under guise of innocent beverages it would constitute an unwarranted departure from accepted principle to hold that the prohibition of the sale of all malt liquors, including the beverage in question, was beyond its reseryed power..:.".”? It is therefore clear both that Congress might reasonably have considered some definition of intoxicating liquor to be essential to effective enforcement of prohibition and also that the definition provided by the Volstead Act was not an arbitrary one. Upholding the Method of Ratification of the Eighteenth and Nineteenth Amendments During the period when the Eighteenth Amendment was being ratified there was considerable complaint by the liquor interests, and some who did not understand the Constitution, because the Amendment was not submitted to a direct vote of the people. In Ohio in November, 1918, by means of the referendum the liquor interests in an almost uncontested election secured the adoption of an amendment to the Ohio constitution extending the referendum to the ratification by the Legislature of proposed amendments to the Federal Constitution. By the provision thus adopted a ratification by the Legislature would not be binding until it should receive the votes of a majority in a referendum provided six per cent of the voters should file a petition for such a referendum within go days after the ratification by the Legisla- ture. A case was brought to test the validity of the Ohio referendum provision and it was declared unconstitutional in Hawke v. Smith (253 U. S. 221), 1920. The Court held that the Federal Constitution provides but two methods of ratification, either by the legislatures of three-fourths of the states, or by conventions in a like number of states, the choice of the two methods being determined by Congress. “Both methods of ratification, by legislatures or conventions, call for 542 PROHIBITION IN THE UNITED STATES action by deliberative assemblies, representative of the people, which it was assumed would voice the will of the people.” The term “legislatures,” as used in the Federal Constitution means the deliberative representative bodies that make the laws for the respective states. While the power to legislate in the enactment of the laws of a state is derived from the people of the state, the power to ratify a proposed amendment to the Federal Constitution has its source in that Constitution. The Constitution makes no provision for voting upon a federal constitutional amendment by the people directly. The method of adopting the Eighteenth Amendment was there- fore not open to criticism. This case and a parallel case involving the Nineteenth Amend- ment for Woman Suffrage (Hawke v. Smith, 253 U. S. 231) were brought by George S. Hawke of Cincinnati who had been Prohibition nominee for Attorney-General in Ohio and they were argued before the Supreme Court by ex-Governor J. Frank Hanly of Indiana, the Prohibition nominee for President in the preceding election. As it resulted, the failure to have obtained a favorable de- cision in these cases would not have delayed the going into effect of censtitutional prohibition a single day, as, even if Ohio had not been included as one of the thirty-six ratifying states, a thirty- seventh state had ratified on the same day as the thirty-sixth. But this decision did vitally affect the date of the adoption of the Woman Suffrage Amendment. If it had not been for these decisions Ohio’s ratification of the Suffrage Amendment would not have been complete until the voters should have voted on it at the succeeding election which was on the same day as the presidential election of 1920. But as result of this decision, the Tennessee Legislature was able to disregard a provision of the Tennessee constitution, and ratify. If it had not been for the ratification of these two states it is very doubtful if the Nine- teenth Amendment would have been ratified in time to permit women to vote in the presidential election of 1920. Thus the Prohibition party, which was the first party to advo- cate woman suffrage was, through its late candidate for Presi- dent, a decisive factor in bringing about the final success of the suffrage movement as well as of the prohibition movement. UNITED STATES SUPREME COURT 543 Lhe Culminating Decision Upholding the Eighteenth Amend- ment and the Law for Its Enforcement The liquor interests did their utmost to prevent the Eighteenth Amendment from going into operation. There were seven cases, two of them brought by states, all of which sought an injunction against the execution of the Volstead Act. The liquor interests were represented by the ablest attorneys whom their money could employ. The decision completely upheld the Amendment and the Vol- stead Law at every point. The Court announced the following conclusions in the National Prohibition Cases, Rhode Island v. Palmer (253 U.'S..350) 1920: The National Prohibition Cases I. The adoption by both Houses of Congress, each by a two- thirds vote, of a joint resolution proposing an amendment to the Constitution sufficiently shows that the proposal was deemed neces- sary by all who voted for it. An express declaration that they regarded it as necessary is not essential. None of the resolutions whereby prior amendments were proposed contained such a declaration. 2. The two-thirds vote in each House, which is required in pro- posing an amendment, is a vote of two-thirds of the members present—assuming the presence of a quorum—and not a vote of two-thirds of the entire membership present and absent. Missouri Pacific Railway Company v. Kansas, 248 U.S. 270. 3. The referendum provisions of state constitutions and statutes cannot be applied, consistently with the Constitution of the United States, in the ratification or rejection of amendments to it. Hawke v. Smith, 253 U.S. 221, decided June 1, 1920. 4. The prohibition of the manufacture, sale, transportation, im- portation and exportation of intoxicating liquors for beverage pur- poses, as embodied in the Eighteenth Amendment, is within the power to amend reserved by Article V of the Constitution, 5. The Amendment, by lawful proposal and ratification, has be- come a part of the Constitution, and must be respected and given effect the same as other provisions of that instrument. 6. The first section of the Amendment—the one embodying the prohibition—is operative throughout the entire territorial limits of the United States, binds all legislative bodies, courts, public officers, and individuals within those limits, and of its own force invalidates any legislative act—whether by Congress, by a state legislature, or 544 PROHIBITION IN THE UNITED STATES by a territorial assembly—which authorizes or sanctions what the section prohibits. 7. The second section of the Amendment—the one declaring “the Congress and the several States shall have concurrent power to en- force this article by appropriate legislation”—does not enable Con- gress or the several states to defeat or thwart the prohibition, but only to enforce it by appropriate means. 8. The words, “concurrent power,” in that section do not mean joint power, or require that legislation thereunder by Congress, to be effective, shall be approved or sanctioned by the several States or any of them; nor do they mean that the power to enforce is divided between Congress and the several States along the lines which separate or distinguish foreign and interstate commerce from intrastate affairs. 9. The power confided to Congress by that section, while not exclusive, is territorially coextensive with the prohibition of the first section, embraces manufacture and other intrastate transactions as well as importation, exportation and interstate traffic, and is in no wise dependent on or affected by action or inaction on the part of the several States or any of them. 10. That power may be exerted against the disposal for beverage purposes of liquor manufactured before the Amendment became effective just as it may be against subsequent manufacture for those purposes. In either case it is a constitutional mandate or prohibition that is being enforced. 11. While recognizing that there are limits beyond which Con- gress cannot go in treating beverages as within its power of enforce- ment, we think those limits are not transcended by the provision of the Volstead Act, wherein liquor containing as much as one-half of one per cent of alcohol by volume and fit for use for beverage purposes are treated as within that power. Jacob Ruppert v. Caffey C25 Tain ty oOn) Chief Justice White, concurring in the decision, rendered an opinion setting forth his reasons for the conclusions reached. Since 1920 there have been decisions in a number of cases construing the Eighteenth Amendment and the laws enacted for its enforcement. Although repeatedly and vigorously attacked, these have been upheld by the United States Supreme Court on every important point. SELECT BIBLIOGRAPHY The three leading legal treatises on the subject are: Brack, H. C.—A Treatise on the Laws Regulating the Manufac- ture and Sale of Intoxicating Liquors, 1892, 711 pp. UNITED STATES SUPREME COURT 545 WooLLen, W. W., and THorntTon, W. W.—Intoxicating Liquors; the Law Relating to the Traffic in Intoxicating Liquors and Drunkenness, 2 vols., 1910. BLAKEMORE—National Prohibition, the Volstead Act Annotated and Digest of National and State Prohibition Decisions, 1923, rev. ed. 1925, I1OI pp. For a popular discussion of the attitude of the courts see two pamphlets by LEmuet D. Ltrty—The Saloon Before the Courts, and Bench vs. Bar. For a book amplifying the reason for his decision that the saloon is contrary to common law, see JUDGE SAMUEL R, ARTMAN—The Legalized Outlaw, 1908, 295 pp. For brief of Attorney-General Bingham of Indiana before Indiana Supreme Court, one of the best summaries up to that time, see Defender, August 15, 28, 29; September 5, 12, 19, 1907. Chapter XXVII THE LIQUOR POWER The Prohibitionists’ emphasis upon the dominance of the liquor issue was based not merely upon the social, economic or even moral aspect. It was because the liquor traffic had become a great organized power which was dominating and perverting the politics and government of the nation that the Prohibition party proclaimed the need of a political revolution to achieve a new independence. As compared to the narrow conception of the liquor question as one pertaining merely to the individual the governmental as- pects were as a mountain to a molehill. This chapter aims to present an outline of the magnitude of the liquor power and its political operations in the later years of the nineteenth century and the early years of the twentieth century. LIQUOR CAPITAL The capital invested in the manufacture of liquors increased, according to the United States census reports, from $28,534,317 in 1860 to $771,516,000 in 1910.1. This increase was nearly ten times as fast as the population and nearly four times as fast as the national wealth. Of the total capitalization in 1910, $671,- 158,000, or 87 per cent, was invested in the manufacture of malt liquors, $72,450,000 in the manufacture of spirits and $27,908,- 000 in the manufacture of wines. Over go per cent was invested in the making of malt and vinous liquors and less than 10 per cent in the making of the stronger liquors. The overwhelming proportion of liquor capital was brewery capital. Accompany- ing the phenomenal increase in capital was a diminution in the number of manufacturing establishments resulting in a great con- centration of capital and the centralization of the industry in the hands of powerful financial interests possessing great monopoly power. In 1880 there were 2,191 fermented liquor manufac- turing establishments. In 1910 there were only 1,414, less than two-thirds as many, but these made nearly four and one-half _ tin 1870 it was $66,658,945; in 1880, $118,037,729; in 1890, $269,270,251, and In 1900, $457,674,087. 546 THE LIQUOR POWER 547 times as much liquor. By 1914 about one hundred concerns made half of the beer. Consolidation and trustification characterized the whole liquor industry. The liquor trust was one of the most gigantic trusts in existence. Between 1888 and 1894 seventy-nine breweries were pur- chased by British capitalists and consolidated into twenty-four concerns having a capitalization of $91,000,000. That was equal to about two-fifths of the total capital invested in breweries in 1890. Including the German owned breweries, more than halt the brewery capital was controlled by foreigners. Including the foreign born brewers recently come from Germany, the large ma- jority of brewery capital was controlled by those who were notoriously un-American. Profits were unusually large. Only a small amount of raw material was used and the wages paid were very much smaller than other large industries in proportion to output. In 1909 only 62,920 wage earners were employed in the entire manufacture of all kinds of liquor. The difference between the cost of pro- duction and the charge to the consumer provided a large margin out of which could be paid large revenues to the national, state and local governments, thereby deceiving many voters into sup- porting the perpetuation of the traffic, and further to provide unusual profits from which corruption funds could be supplied to corrupt and control politics and government. As a result of the vast capital involved and the immense profits to be derived liquor sales were pushed by all the means that a brazen enterprise and an unscrupulous ingenuity combined with moral callousness could devise. This promotion was eloquently described by ex- Senator Windom, who had been Secretary of the Treasury in the Cabinets of Presidents Garfield and Arthur, in an address de- livered in 1887: The saloon creates a demand where none before existed that it may profit by supplying that demand. It artificially stimulates an evil habit that it may thrive by pandering to it. It methodically breeds debauchery, poverty, anarchy, and crime for pay. It pur- posely seeks to multiply the number of drinkers, and hence of drunkards. It invades every new community, demands tribute from every home, and lies in wait with fresh enticements for each new generation of youth. . . . Each one of our two hundred thou- sand drinking places forms a distinct center of aggressive forces and skilful devices for spreading the drink habit among men. Every plausible temptation and solicitation that trained talent can suggest are used to entrap the young, the ignorant, the toiling, and the home- 548 PROHIBITION IN THE UNITED STATES less, with the knowledge that a customer once secured is usually a customer for life. . .. Experience indicates that four-fifths of American drinking and drunkenness is due in the first instance not to any natural appetite of our people, but to the presence and sleep- less efforts of this gigantic enginery, working seven days a week and twenty-four hours a day, unrestrained by any scruple and everywhere contemptuous of public and private right. THE LIQUOR CONSUMPTION The traffic’s aggressive trade promotion supplemented by the habit-forming nature of alcohol was responsible for the astound- ing increase in the per capita consumption of liquor. In 1850 the per capita consumption of liquor was 4.08 gallons. It mounted to 22.81 gallons in 1911. In the decade of the seventies the average annual per capita consumption was 8.79 gallons, in the eighties 13.21, in the nineties 17.11 gallons, in I90I-I9I0, it was 20.58 and in the four-year period 1911-1914 it averaged 22.58. The large increase was in the consumption of beer, but, contrary to common impression, from 1900 on the per capita consumption of the stronger liquors was rapidly increasing and rose considerably above that of the period 1870-1900. ‘The average annual per capita consumption of spirits in the seventies was 1.39; in the eighties 1.34; in the nineties, due largely to the financial depression, it was 1.25; but in IQOI-19IO it rose to 1.41 and in IQII-1914 to 1.46. The consumption of wine in the same periods respectively was 47, .48, .38, .54, and .585, per capita, consumption having in- creased about one-fourth. The per capita consumption of beer practically trebled in a third of a century. In the seventies the average annual consump- tion was 6.93, in the eighties, 11.38; in the nineties, 15.48; in IQOI-I1910, 18.62; and in I91I-1914, 20.53 gallons. The brewers were largely responsible for the promotion of the sale of all kinds of liquors. They established saloons everywhere they could be made to pay. “ms ™ { y a ie i } -—) yi ! vay td a \ ar a ; at Wir iets aha re a \ ui . 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Ny 1 LE eto ON x: (hs i Tia waslelin oi ‘lange “ Ti ah ool con 5 ia i ees vem + nian MP aaa Liane ap gia: sara ah bia soa ity Ay A ity « She Ore i eyes Pa vhf fe49 ive Ave AH SRI ONO favs Ae DEALS aL REah OOD LRN By gs Hey tyr ny oe matte as ‘bay defy ur qonit | Tea) Cp) aN PEM Hinks x eds Te: . if \ , ; i, ah Ma t iad ie tas vait i he ied At id). ate br oP tidipers % Bi 4) bows oN, ae WAC sine ataG Dat aia A: ey iewiy, Wy salad YETI QUOD HO WA sdushestrah @ ey asst itt - td \ he ‘a ri WG, 7 (PNj¢ Py hi pai om ¥ | MA Wak fo yepten ds vs nt lg oat la, re Ne MN HN Pate @ thay amet IM bee aa) wit i ge WAG ay itt yt aaah een if tc cl sea % a oe ke a SD pci ia Ay) a aa ions onic te BT ati a ii N h} weibee Tact ty, mead es li oh ipa CMs Hasiiratnh, ‘aah “s 54 of ' Re hs ee patios - hig 5 i A 4 ¢ * a yaa ef ere A ‘Y i ee birt Me ee on ie is ‘ uy ad) ty 4h zy eat Mie ee i Fa ile teak een, Wy VF MEN, Appendix LEADERS OF PROHIBITION PARTY A large volume would be needed to pay adequate tribute to the many splendid men and women who gave themselves to the prohibition cause. In preparing this book it was planned to devote at least a long chapter to outstanding personalities of the Prohibition party. But the limits of space were such that it was possible only to record the names of the official leaders. These, it is believed, will be of permanent historical value. The list below includes all of the Prohibition candidates for Governor in every state from 1869 to 1925. It includes the name of every member of the Prohibition National Committee since 1869, with the possible exception of a very few who served only a fraction of a term. As a rule, the members of the Na- tional Committee were outstanding leaders in their respective states. Also it includes practically all of the State Chairmen who served any length of time since 1887 and some before. Alabama. ‘The candidates for Governor were: John T. Tanner, °86: S. L. Russell, °90; W. P. Witherspoon, ’98; W. B. Crumpton, OO PVD Gay, 702: The members of the National Committee were: John T. Tanner, "82-84: Z. A. Parker, ’84-88; J. R. Hoffman, ’84-’88; Tope Whitten, 8896; L. C. Coulson, ’88-’92; J. C. Orr, ’92-’96; J. Bi Albritton, ’12"16; W. B. Smith, ’12~16; Dr. Isaac W. Higgs, *16- 20; A. F. Lokey, ’16-’28; W. A. Jones, 24-28. | The State Chairmen were: John T. Tanner, ’87; W. B. Wither- spoon, ’00-’02; W. D. Gay, ’o2-’04; J. B. Albritton, ’04-"12; A. F. Lokey, *15-’24. Arizona. The National Committeemen were: Eugene W. Chafin, ’12’20; Frank J. Sibley, ’t2-’16; John Wix Thomas, ’16-’28. The State Chairman ever since Arizona became a state has been John Wix Thomas. 3 Arkansas. The candidates for Governor were: J. W. Miller, ’94, ’96; George Hazen Kimball, ’02; J. E. Williams, ’04; and John D. Adams, ’o6. | The members of the National Committee were: Thomas J. 644 PROHIBITION IN THE UNITED STATES Rogers, ’80-’82 and ’88-’92; J. L. Palmer, *82-’92; W. P. Grace, ’82- 88; George C. Christian, ’92-’00; Mrs. Bernie Babcock, ’oo-’04; H. Brady, ’o4-’12; John M. Parker, ’o4-’o8 and ’12-’20; Henry Hatton, ’08-’12; George Hazen Kimball, ’12-’20, The State Chairmen were: W. D. Matthews, ’88-’90; John M. Moore, ’90-’92; W. W. Wallace, ’92-’96; Alexander McKnight, ’96- 00; Martin H. Henry, ’oo-’04; G. H. Kimball, ’o8. California. The candidates for Governor were: R. H. McDonald, 82; Joel Russell, ’86; John Bidwell, ’oo; Henry French, ’94; J. E. McComas, ’98; Theodore D. Kanouse, 02; James H. Blanchard, 06; S. P. Meads, ’10; Clinton P. Moore, 14; William D. Stephens (Fusion), 718. The members of the National Committee were: James F. Stewart, 69; J. W. Webb, ’82-’84 and ’96-’00; A. D. Wood, ’82-’84; George Babcock, ’84~-’88; Mrs. Emily Pitt Stevens, 84-88; T. B. Stewart, 88-92; Jesse Yarnell, ’88-’96; Chauncey H. Dunn, ’92-’96; Rev. J. A. B, Wilson, ’96-’00; Miss Gabrella T. Stickney, ’oo-’04; Fred F. Wheeler, ’04-’08; A. B. Taynton, ’04-’08; T. K. Beard, ’08-’12; Wiley J. Phillips, ’08-’12; F. W. Emerson, "12-16; George F. Thompson, *12-’16; H. Clay Needham, ’16-’20; Mrs. Annie E. K. Bidwell, ’16-’20; H. A. Johnson, ’20-’28; Miss Marie C. Brehm, ’20- ’24; Dr. M. Len Hutchins, ’24-’28. The State Chairmen were: M. C. Winchester, ’82; Captain A. D. Wood, ’84; J. A. Fairbanks, ’87; George Morris, ’88-’90; Henry French, ’90-’92; J. M. Glass, ’92-’96; Frank E. Coulter, *96——_; J. W. Webb, ’99——; H. Clay Needham, ’00-’02; C. L. Meracle, ’o2- 03; A. B. Taynton, ’03-’06; E. Leonardson, ’06-’09; J. H. Woerten- dyke, ’o9-’12; W. I. Hull, ’12; Charles R. Burger, *13-’16; Harley H. Gill, "16——; H. Clay Needham, ’18 ‘ Colorado. The candidates for Governor were: W. H. Fishback, 86; William C. Stover, ’88; John A. Ellett, ’92; George Richard- son, ‘94; W. A. Marsh, ’96; Robert H. Rhodes, ’98; Prof. AP gine Wylie, 00; O. A. Reinhardt, ’o2; Herbert A. M. Wilson, ’o4,; Dr. F. C. Chamberlain, ’06; H. L. Murray, (08; P. A. -Ricej/10% Jab Ketchum, ’12; Dr. S. H. Pollock, ’14. The members of the National Committee were: John A. Ellett, "84-88; I. J. Keator, ’92-’96; H. E. Singletary, ’92-’96; John Hipp, 96-08 and ’16-’24; J. M. Scouller, ’00-08; Mrs. M. E. Craise, ’0o- 04; H. L. Murray, ’o8-’12; O. A. Reinhardt, ’08-’20 and ’24-"28 ; J. H. Ketchum, ’12-’16; Edgar Wilkinson, ’20-’28, The State Chairmen were: A. S. Pettit, ’84-’87 and "89-91; J. B. Willsea, ’87; A. W. Brazee, ’88; L. J. Templin, ’91-’94; John Hipp, ’94-’99, ’04-’07 and 714; J. N. Scouller, ’99-’02; H. A. N. Wilson, 02-'03; J. R. Wylie, 04; O. A. Reinhardt, ’07-’10; H. L. Murray, ‘Io-"12; J. H. Ketchum, 712-14, Connecticut. The candidates for Governor were: Francis Gil- lette, 72; Henry D. Smith, ’73, ’74, 75; Joseph Cummings, 776; Jesse G. Baldwin, ’78; George P. Rogers, ’80-’82; Elisha H. Palmer, APPENDIX 645 84; Samuel B. Forbes, ’86; Hiram N. Camp, ’88; Phineas M. Augur, ’90; Edwin P. Auhur, ’92; Dewitt C. Pond, ’94; Edward Manchester, ’96; Charles E. Steele, ’98-’00; Robert N. Stanley, ’02; Oliver G. Beard, ’04; Matthew E. O’Brien, ’06-’08; Emil L. G. Hohenthal, ’10; Buell B. Bassette, 712; Duane N. Griffin, ’14; George Whitefield Simonson, ’16; J. Newton Lackey, 718; Rollin V. Tyler, °20 (Democrat endorsed). The members of the National Committee were: William Goodell, 69; E. H. Palmer, ’80-’84; E. B. Lyon, ’80-’82; George P. Rogers, ’82-’92; A. A. Morehouse, ’84-’92; Allen B. Lincoln, ’92-’96; Henry B. Brown, ’92-’96; F. C. Bradley, ’96-’00; J. N. Stanley, ’96-’00; Charles E. Steele, ’00-’04; F. G. Platt, ’00-’28; E. L. G. Hohenthal, ’o4-’08 and ’16-’28; William N. Taft, ’o8-’11; Jason L. Randall, "TI-’10. The State Chairmen were: Henry B. Brown, ’69-’76; Thomas H. L. Talcott, ’78; J. A. Lewis, Nathan Babcock, John B. Smith, ’86-’90; Allen B. Lincoln, ’90-’94; Louis A. Babcock, ’95; Henry B. Brown, ’96-’02; E. L. G. Hohenthal, ’o2. District of Columbia. Members of the National Committee were: O. K. Harris, 69; Hosea B. Moulton, ’92-’00; Samuel H. Walker, ’92-'96; J. R. Maloney, ’96-’00 and ’12-’16; Matthew E. O’Brien, "12-16. Delaware. The candidates for Governor were: James F. Hof- ficker, ’86; William T. Kellum, ’90; Thomas J. Perry, 94; Daniel Green, ’96; R. M. Cooper, ’00; John R. Price, ’04; John Heyd, ’12; John G. Townsend (Fusion), ’16. The National Comitteemen were: W. N. Brown, ’88-’92; J. J. Boyce, ’88-’92; C. H. Register, ’92-’96; J. H. Jerrell, ’96-’00; Aloysius Green, ’96-’00; Ashton R. Tatum, ’oo-’08; George W. Todd, ’oo-’06 ; Lewis W. Brosius, ’12-’24. The State Chairmen were: Richard M. Cooper, ’87-’90-’12; C. H. Register, ’88-’90; L. W. Brosius, ’12. Florida. The candidates for Governor were: Arthur C. Jackson, ’96; J. W. Bigham, ’12; Sidney J. Catts, 716. The last named was elected on the Prohibition ticket. The members of the National Committee were: Richard Morgan, "88-92; S. H. Cummings, ’88-’92; T. A. Duckworth, ’92-’96; W. E. Alexander, ’96-’00; J. R. Finch, ’96-’00; A. L. Izler, ’o4-’08; Francis Trueblood, ’04-’12; John P. Coffin, ’08-’28; C. B. Wetherell, 12-16; Mrs. John P. Coffin, 716-’28. The State Chairmen were: Richard J. Morgan, °87-’88; J. McQueen, ’89; A. W. Biddell, 96; Dr. A. Izler, ’02-’06; John P. Coffin, ’10-’25. Georgia. The candidates for Governor were: J. B. Culpepper, ’92; Seaborn Wright, ’96. The members of the National Committee were: J. O. Perkins, ’82-’84; Samuel W. Small, ’88-’96; A. A. Murphy, ’88-’92; Frank J. Sibley, ’92-’00; W. S. Witham, ’08-’12; George Gordon, ’08-’12, 646 PROHIBITION IN THE UNITED STATES The State Chairmen were: A. A. Murphy, °88-'905* Dre Ji: Perkins, 90-12; Col. R. S. Cheves, ’04-’06; W. S. Witham, ’1o-’15- 16; George Gordon, ’11-’12; W. W. Nanney, ’12; Lamar S. Payne, 20, Idaho. The candidates for Governor were: Joseph A. Clark, 92; Henry C. McFarland, ’94; Moses F. Fowler, ’96; Miss Mary C. Johnson, ’98; W. J. Boone, ’00; Albert C. Gibson, ’02; E. R. Head- ley, ‘04; Silas Luttrell, ’06; William C. Stalker, °08; Emmett D. Nichols, 12; E. R. Headley, ’14. The members of the National Committee were: W. Thomas Smith, ’92-’96; E. B. Sutton, ’oo-’04; H. A. Lee, ’o0-’08; Silas S. Gray, ’04-’08; J. M. Ingersoll, ’16; Lowell M. Coate, ’16-’20; Mrs. Nina Howard, ’20——. The State Chairmen were: H. A. Lee, ’96-’02 and ’o4-’06; Edwin R. Headley, ’02-’04; Aaron M. Bray, ’07-’10; Silas M. Luttrell, ai ; Harry Hayes, ’12-’14; Davis Errett, ’14-’16; John Tucker, "16. Illinois, ‘The candidates for Governor were: James F. Simpson, "76; J. B. Hobbs, ’84; David H. Harts, 88; Robert R. Link, ’92; George W. Gere, ’96; Judge V. V. Barnes, ’00; Robert H. Patton, 04; Dan R. Sheen, ’o8; Edwin R. Worrell, 712; John R. Golden, "16; James H. Woertendyke, ’20. The members of the National Committee were: C. Jaebiulavee. J. W. Haggard, ’75-’80; Mrs. Fannie W. McCormack, ’76-’80; R. W. Nelson, ’82-’84; J. G. Irwin, ’82-’84; A. J. Jutkins, ’84-’88; J. A. Van Vleet, ’84-’88; J. A. Hobbs, °88-’06; J. G. Evans, 88-92; D. H. Harts, ’92-’96; C. M. Whipple, ’96-’00; Oliver W. Stewart, ’96-’12; Hale Johnson, ’o0-’02; Frank S. Regan, ’04-’08; Alonzo FE. Wilson, ’08-’16; Robert H. Patton, "12-’24; Miss Marie C. Brehm, ’16-’20; Mrs. Alonzo E. Wilson, ’20-’24. The State Chairmen were: FE. S. Wells, ’84-’86; John W. Hart, 86-88; Levi C. Pitner, ’88; Henry W. Austin, °88-’92; George W. Gere, ’92-’96; Oliver W. Stewart, ’96-'99; Hale Johnson, ’99-’02; Alonzo E. Wilson, ’02-’12; Robert H. Patton, ’12-’24, Indiana. The candidates for Governor were: Aaron Worth, ’92; L. M. Crist, ’96; Charles Eckhart, 00; Felix T. McWhirter, 04; Sumner W. Haynes, ’o8; W. H. Hickman, ’12; Alfred L. Moudy, "16; C. M. Kroft, ’20; B. L. Allen, ’24. The members of the National Committee were: D. R. Pershing, 69; Sylvester Johnson, ’88-’92; S. J. North, ’88-’92; John Ratliff, '92-'96; Mrs. Helen M. Gouger, ’92-’06; Miss Mary E. Hadley, ‘96-’00; Felix T. McWhirter, 96-12; Charles Eckhart, ’04-"12; F, W. Lough, ’12-’16; J. Raymond Schmidt, 12-’22; Sumner W. Haynes, ’16-’24; Edward W. Clark, ’22-’24; H. S. Bonsib, ’24~28 : Dr. Homer J. Hall, ’24-’28, The State Chairmen were: John Ratliff, ’86-’90; Jesse T. Hutchins, ’90; Dr. Homer J. Hall, ’90-’93, ’97-’o2, ‘07; Felix Ti McWhirter, ’93-’94 and ’96; J. M. Dunlap, ’95-’96; L. C. Master, APPENDIX 647 ’o2: Charles E. Newlin, ’02-’07; F. W. Lough, ’07-'13; J. Raymond Schmidt, 713-718; I. N. Grisso, ’18; Charles M. Fillmore, ’20-'22; B. L. Allen, ’24. Towa. The candidates for Governor were: J. H. Lozier, ’75; Col. Elias Jessup, ’77; D. R. Dungan, ’79; James Michlewait, ’85; V. G. Farnham, ’87; Malcolm Smith, ’89; Isaac T. Gibson, 91; Bennett Mitchell, ’93; Frank Bacon, ’95; 5. P. Leland, ’97; M. W. Atwood, ’99; A. U. Coates, ’o1 ; John F. Hanson, ’03; L. S. Coffin, 706; K. W. Brown, ’08; A. McEachron, ’10; C. Durant Jones, 712; Malcolm Smith, ’14; O. D. Ellett, 716; Madison L. Christian, 18; A. Mc- Eachron, ’24. The members of the National Committee were: H. Green, 69; D. R. Dungan, ’80-84; J. B. Morgan, ’80-’84; James Michlewaitt, ’88-’92; J. V. Farnham, *88-’92; R. M. Dihel, ’92-’96; S. A. Gilley, ’92~96; J. A. Harvey, ’96-’00; W. L. Ferris, ’96-’00; Malcolm Smith, ’00-’08; A. U. Coates, ’04-'08 ; O. D. Ellett, ’08-’16; K. W. Brown, ’08-’16; A. McEachron, ’16-’24 ; Fred J. Stevenson, ’16-'20; Mrs. Ida B. Wise Smith, ’20-’24. The State Chairmen were: E. W. Brady, ’87; Malcolm Smith, ’90; Isaac T. Gibson, ’91; S. A. Gilley, 91; O. D. Ellett, ’98-’o1 and 702-04; J. H. Campbell, ’o1; W. D. Elwell, ’04-’08; John B. Ham- mond, ’o8-’10; C. Durant Jones, *10-’12; Prof Gise.) jordans) ia: R. H. Williams, ’13-’16; Miss Minette Murphy, ’16; A. McEach- ron, ’16-’24. Kansas. The candidates for Governor were: W. K. Marshall, ’87; John Paulson, ’76; C. H. Branscombe, ’86; J. D. Botkin, ’88; A. M. Richardson, ’90; I. O. Pickering, 92 and ’94; Horace Hurley, 96; W. A. Pefter, ’98; Frank Holsinger, 700; F. W. Emerson, ’02; James Kerr, ’04; J. Bs Cook, 706; A. DL. Hope, ’o8; William Cady, 10; Earle R. DeLay, ’12; Silas WiBond!*14yDr.. Ay Ro Ross: sro: The members of the National Committee were: Prof. VU. Thomas, ’69; John Paulson, ’76-’80; Jacob Bambough, ’76-’80; J. M. Beyers, ’84-’88; Delos W alker, ’84-’88; A. M. Richardson, ’88-’92 ; Mrs. C. H. St. John, ’88-’92; John P. St. John, ’g2-’96; M. V. B. Bennett, ’92~’96; T. D. Talmadge, ’oo-’06; J. B. Garton, ’00-’04 ; Earle R. DeLay, ’04-"16; J. N. Woods, ’98-’20; O. A. Herbert, *16- ’09; Dr. E. S. Grisel, ’20-'24; Mrs. Nellie Skepper, ’20-’24. The State Chairmen were: A. M. Richardson, ’87-’90; J. M. Monroe, ’90-——; G. W. Wharton, ’95 ; Mont Williams, ’96-’00; B. J. Williams, ’01; Earle R. DeLay, ’02-’10; Edwin C. Hadley, ’10-’12; John A. Shields, ’12; J. W. Tanner, 713; Lyman G. Cosand, ’14; ©. A. Herbert, 14-17; J. Hayden Kershner, ’18. Kentucky. The candidates for Governor were: Fontaine T. Fox, Jr., 87; Josiah Harris, ’91; T. B. Demaree, ’95; O. T. Walace, ’99; John D. White, ’00; T. B. Demaree, us Ievaleeicnetty 07 +7). 1). Redd metal dow hickett,<15. The members of the National Committee were: DD. Demaree, 7684 and ’00-’20; James L. Henderson, ’76-’80; A. J. Jutkins, ’84- al 648 PROHIBITION IN THE UNITED STATES °88; Col. R. S. Cheves, °84-’88; G. W. Ronald, ’88-’92; William Matthews, ’88-’92; J. W. Sawyer, ’92-’96; G. W. Young, ’92-’96; Col. George W. Bain, ’96-’o0; J. H. Moore, ’96-’00; Mrs. Frances FE. Beauchamp, ’oo-’04 and 08-23; J. D. Smith, ’04-’08; Adam W. Carpenter, ’20-’24; L. L. Pickett, 24-28, The State Chairmen were: Fontaine T. Fox, Jr., 87; William Matthews, ’88; W. E. Hibler, 89; Josiah Harris, 90; T. B. Demaree, 99; J. D. Smith, ’oo, ’04, ’05; Huram W. Davis, ’04 and 07 SHAE. Morrisonse O7 lasts. Pickett, ’08; E. Deets Pickett, ’o9-’11; Mrs. Frances E. Beauchamp, 71 I-15 and ’18-’23; T. B. Demaree, ’16, Louisiana, The only candidate for Governor was Captain John M. Pharr, ’96. The members of the National Committee were: Captain John M. Pharr, ’96-’00; E. E. Israel, 04-12; Prof. Walter Miller, ’o4-’12, The State Chairmen were: Alfred W. Wagner, ’02-’07; and E. E, Israel, ’07-’15. Mame. The candidates for Governor were: N . G. Hickborn, ’69; William T. Eustis, ’82 and 84; Aaron Clark, ’86 and 90; Volney B. Cushing, 88; Timothy B. Hussey, ’92; Ira G. Hersey, ’94, since 1916 a Congressman; Dr. A. S. Ladd, ’98; Grant Rogers, ’00; James Perrigo, ’02; Nathan F, Woodbury, ’o4; Henry Woodward, 06; James H. Ames, ’o8 and IOs Werks Sterling, 12; F. A, Shephard, ‘14; Linus Seely, ’16, The members of the National Committee were: Josiah Nye, ’69; Nathan F. Woodbury, ’82-’16; W. T. Eustis, ’82-’92; Volney B. Cushing,’92-’00 and ’o4-’08; A. H. Clary, ’0o-’04 ; Lyman B. Merritt, ‘08-12; James H. Ames, "12-16; W. I, Sterling, ’20-’24; Fred A. Shephard, ’20-’24. The State Chairmen were: John S. White, ’87; N. F, Woodbury, 88, ’90, ’96; Wilder W. Perry, ’90; Volney B. Cushing, ’96; James Perrigo, ’oo-’o2 and 97, “15, 24; Arthur J. Dunton, ’02-’04; W.-T Sterling, 715-124. Maryland. The candidates for Governor were: Summerfield Bald- win, 87; Edwin Higgins, 91; Joshua Levering, ’95; James Swann, 95; William Gisriel, ’03; J. W. Hrizzell, 707 s)t i Dulaney, ’11; George R. Gorsuch, ’15, The members of the National Committee were: John Lloyd Thomas, ’84-’88: E. B. Newman, ’84-’86; William Daniel, ’88-’92 ; Walter F. Harmon, 88-92; Edward Higgins, ’92-’00; Levi S. Melson, ’92-’04; Joshua Levering, ’00-’04; Finley C. Hendrickson, ’04-’28 ; John N. Parker, ’04-’08 ; George R. Gorsuch, ’o8-’20, The State Chairmen were: William Daniel, ’87-’89; W. L. McCleary, ’89; W. H. Silk, ’90; Edward Higgins, ’91-’92; T. Mel- ville Prentiss, ’96; John N. Parker, ’00-’02; Oliver Helmstreet, ’o2- 04; William Gisriel, ’04-’06; Finley C. Hendrickson, ’06-’08 ; George R. Gorsuch, ’08-’10; Charles R. Wood, 450-6 Massachusetts. The candidates for Governor were: Wendell Phillips, ’70; Robert C. Pitman, ’71; John J. Baker, "75 and 76; ee ee ee tem: APPENDIX 649 Robert C. Pitman, ’77; A. A. Miner, ’78; D. C. Eddy, ’79; Charles Almy, ’80, ’81, ’82, °83; Julius H. Seelye, 84; Thomas J. Lothrop, 85 and ’86; William H. Earle, ’87 and ’88; John Blackmer, 89 and 90; Charles E. Kimball, ’91; Wolcott Hamlin, ’92; Louis Albert Banks, 93; Alfred W. Richardson, 794; Edward Kendall, ’95; Allen Coffin, ’96; John Bascom, ’97; Samuel B. Shapleigh, ’98; Albert B. Coates, ’99; John M. Fisher, ’00; John B. Lewis, ’o1; William H. Partridge, ’02; Oliver W. Cobb, ’03 and ’04; Willard O. Wylie, ’o5 ; John B. Moran (Fusion), ’06; Hervey S. Cowell, ’07; Willard O. Wylie, ’08; John A. Nichols, ’09 and ’10; Frank N. Rand, ’11 and 12; Alfred H. Evans, ’13 and ’14; William Shaw, 715; Chester R. Lawrence, ’16 and *17; Charles B. Ernst, ’19; John B. Lewis, ’22. The members of the National Committee were: Nathan Beal, ’76- "80; Rev. G. F. Clark, ’76-’82 and ’84-’88; C. A. Hovey, ’80-’84; A. A. Miner, 82-84; Mrs. E. M. H. Richards, ’84-’88; E. H. Clapp, ’88-’92; B. F. Sturtevant, ’88-’92; James H. Roberts, ’92-’96; Augustus R. Smith, ’92-’96; Frank M. Forbush, ’96-’04; A. W. Richardson, ’96-’00; H. S. Morley, ’oo-’08; John B. Lewis, ’o4-’23; John M. Fisher, ’08-’16; Daniel A. Poling, ’16-’20; William Shaw, "16-24. The State Chairmen were: J. M. Fisher, ’87; James H. Roberts, "88; M. H. Walker, ’89; A. W. Richardson, ’90; W. H. Partridge, *g1-’92; John Blackmer, ’93-’94; Howard A. Gibbs, ’95; Frank M. Forbush, 96; A. H. Morrill, ’00-’02; J. B. Lewis, ’04; John A. Nicholls, 06; Jonathan S. Lewis, ’07; W. D. Moon, ’07; Willard O. Wylie, ’08-’10; Solon W. Bingham, ’11-’12, ’15-’20 and ’23; A. J. Orem, 713-’14; William Shaw, ’20. Michigan. ‘The candidates for Governor were: Henry Fish, ’70 and “72; George R. Carpenter, *74; Albert Williams, *76; Watson Snyder, 778; Isaac W. McKeever, ’80; D. P. Sagendorph, ’82; David P. Preston, 84; Samuel Dickie, ’86; Amherst B. Cheney, ’88; A. H. Partridge, ’90; John Russell, ’92; A. M. Todd, ’94; Robert C. Saf- ford, ’96; Noah W. Cheever, 98; Prof. F. S. Woodridge, ’00; Walter S. Westerman, ’02; J. W. Schackleton, ’04; R. Clark Reed, ‘Oo y.jonn Wo. Gtay, 703, BredyW, Corbett,.’10;"J7 D.deland, ag: Charles N. Eayers, 714; Edwin W. Woodruff, ’16; John S. McColl, 18; John Y. Johnson, ’20; Beldon C. Hoyt, ’22; John Y. Johnson, ed: The members of the National Committee were: John Russell, ’69- 76 and ’80-’92; W. Williams, ’76-’80; Mrs. Adella R. Worden, *76- 80; I. W. McKeever, ’80-’84; D. P. Sagendorph, ’84-’88; Samuel Dickie, ’88-’96 and ’oo-’12; Albert Dodge, ’92-’96; Fred E. Britten, ’96-’04; Charles P. Russell, ’96-’00; Fred W. Corbett, ’o4-’12; Milton G. Wylie, ’12-"16; W. A. Brubaker, ’12-’16; Burton L. Rockwood, ’16-’20; John P. Leslie, ’16-’20; Andrew Wood, ’20-’24; John F. Easley, ’20-’24; John Y. Johnson, ’24-’28; Frank E. Titus, 24-28, The State Chairmen were: A. D. Powers, ’86-’87; Albert Dodge, 650 PROHIBITION IN THE UNITED STATES ’88-’89; James W. Reid, ’90; John Russell, *90-’92; Charles P. Russell, ’92-’93 and ’96; Michael J. Fanning, ’94-’95; Fred E. Britten, ’98-’02; Fred W. Corbett, ’02-’06; W. A. Taylor, ’07-’08; Alfred Lowther, ’08-’10; W. A. Brubaker, ’11-’14; Merritt A. Stitt, "15; W. H. D. Fox, 716; Burton L. Lockwood, ’16-’18; Andrew Wood, ’18-’21; John Y. Johnson, ’21. Minnesota, The candidates for Governor were: Daniel Cobb, ’69; Samuel Mayall, ’71 and’73; R. F. Hamilton, ’75; W. W. Satterlee, 79; I. C. Stearns, ’81; Charles E. Holt, ’83; James E. Child, ’86; Hugh Harrison, 88; James P. Pinkham, ’90; William J. Dean, ’92; Prof. Hans S. Hilleboe, ’94; William J. Dean, ’96; George W. Higgins, 98; B. B. Haugan, ’00; Charles Scanlon, ’02; Charles W. Dorsett, 04 and ’06; George D. Haggard, ’08; J. F. Heiberg, ’10; FE. E. Lobeck, ’12; W. G. Calderwood, ’14; Thomas J. Anderson, "16; O. O. Stageberg, ’18. The members of the National Committee were: Col. S. R. David- son, 69; W. W. Satterlee, ’76-’80 and ’82-’88; J. C. Ervin, ’76-’80; Rev. A. Willey, 80-82 ; Rev. M. T. Anderson, ’80-’82; L. Bixby, ’82- 88; James P. Pinkham, ’88-’96; Hugh Harrison, ’88-’92; W. J. Dean, 92-04; D. B. Haugan, ’96-’00; J. F. Heiberg, ’00-’04; George W. Higgins, ’o4-’12; W. G. Calderwood, ’o4-’24; J. D. Engle, ’12-’16; EK. E. Lobeck, ’16-’20; Mrs. Alice P. Taylor, ’20-’24, The State Chairmen were: W. W. Satterlee; James P. Pink- ham, ’87-’90; George F. Wells, ’90; C. A. Tupper, ’90; George F. Wells, ’91; Wesley M. Lawrence, ’92-’94; Charles M. Way, ’94-’96; George W. Higgins, ’96-’11 ; W. G. Calderwood, ’11-’14 and 716-18; George F. Wells, ’14-’16 and ’20-’23; George D. Haggard, ’17. Mississippi. The members of the National Committee were: T. A. Williams, 782-84; J. N. O. Watson, ’82-’84; J. B. Gambrell, ’88- ’92; Dr. J. A. Hackett, ’88-’92; J. McCaskill, ’92-’94; Henry Ware, ’96-’00; B. F. Howard, ’20-’24. The State Chairmen were: Henry Ware, ’88-’94; B. T. Hobbs, ’95- 798; Dr. T. J. Bailey, ’00-’06; B. F. Howard, ’20-’24. Missourt. The candidates for Governor were: John A. Brooks, 84; J. P. Orr, ’86; Frank N. Lowe, ’88; John Sobieski, ’92; H. P. Faris,’'’96;' Charles E. ‘Stokes, ‘oo; Ov). ‘Hill,’’04 7-H M Pein 08; Charles E. Stokes, ’12; Joseph P. Fontron, 716; H. P. Faris, 20} The members of the National Committee were: John T. Ustick, 769; M. W. Watson, ’84-’88; A. F. Butts, ’84-’88; W. H. Craig, *88-’92; William C. Wilson, ’88-’92; John A. Brooks, ’92-’96; R. T. Bond, ’96-’00; C. E. Stokes, ’96-’'12; H. P. Faris, ’oo-’28; J. C. Hughes, ’12-’20 and ’24-’28; Mrs. Marie Hughes, ’20-’24. The State Chairmen were: John A.,Brooks, 87; A. F. Smith, ’88- 89; J. M. Baughn, ’90; D. Ward King, ’91; Charles E. Stokes, ’96- 13; W. H. Dalton, ’13-’16; Julius C. Hughes, ’16-’24. Montana. The only candidate for Governor was J. M. Waters, ’ 92. a APPENDIX 651 The members of the National Committee were: E. M. Gardner, ’92-’04; T. P. Street, ’00-’04; Mrs. Kate M. Hamilton, ’o8-’16. The State Chairmen were: J. M. Waters, ’96-’08; R. R. Crowe, ‘to8Te ana 415-16; J.°H, Parker; “12-14. Nebraska. The candidates for Governor were: Jarvis S. Church, Waele, Miller, 84; H. W. Harvey, 86; George’ i. Biglow, 88 ; Boia Paine, go; C: E. Bentley;"92; E. Al -Gerard;'’o4; Joel Warner, oer. Ve Muir, 798 51? Oy Jones, \*00 ;' Sy I’) Davies; 702 3: Chidries W. Swander, 04; Harry T. Sutton, 06; R. R. Teeter, ’08; George I. Wright, ’10; Nathan Wilson, ’12 and ’14; J. D. Graves, ’16 and ’20. The members of the National Committee were: John B. Finch, "82-87; S. W. Little, 82-84; C. F.°S. Templin, ’84-’88; A. G. Wolfenbarger, ’88-’92 and ’oo-’12; George Scott, 88-’92; C. E. Bentley, ’92-’96; F. B. Wigton, ’92-’96; L. G. Parker, ’oo-’o4; L. O. Jones, ’04-’08; B. B. Gilbert, 08-16; Mrs. Frances Beveridge Heald, 2-70" \0 Pi) Currie, 10-205) J. 'G.phick,’ “16-'207' J. AL Murray, ’20-’28; G. A. Norlin, ’24-’28. The State Chairmen were: C. F. S. Templin, ’87-’88; George Scott, 89; C. E. Bentley, ’90; H. W. Hardy, ’91; Joel Warner, ’96; Penge Parker, 767;,5..D.’ Pitchie, ‘00-02; C. C. Beveridge,’ ’02-'045 A. G. Wolfenbarger, ’04; W. Burt Clark, ’05; F. W. Emerson, ’06; Wie Clann Go horror 1 Uesey. 07-007, irds, Gilbert, (OG-"16s J 77. Murray, ’16-’24. New Hampshire. The candidates for Governor were: L. D. Bar- rows, ’70; Albert G. Cummings, ’71; John Blackmer, ’72, ’73, ’74; Nathaniel White, ’75; A. S. Kendall, ’76, ’77, ’78; George D. George, ’80; J. M. Fletcher, ’82; Larkin D. Mason, ’84; Joseph Wentworth, Bo decear io. Carr, 88>) [2M Fletcher, (o0;"Hdgar’L: Carr, 92; Daniel C. Knowles, ’94; John C. Berry, ’96; A. G. Stevens, ’98; J. M. Fletcher, ’00; John C. Berry, ’02; David Heald, ’04; Edmund B. Tetley, ’06 and ’08; John C. Berry, ’10; Alva H. Morrill, ’12 and 7A? Ralph’ E. Meras,” 10, The members of the National Committee were: O. H. Jasper, ’82; J. M. Fletcher, ’84-’96; D. C. Babcock, ’88-’96; Isaac B. Vale, ’96- 700; H. O. Jackson, ’oo-’04; L. F. Richardson, ’oo-’08; Ray C. Durgin, ’o4-’08; A. H. Morrill, ’08-16; J. S. Blanchard, ’08-’12; George L. Thompson, ’12-’16; David Boynton, ’16-’20; Ralph E. Meras, 716-’24; Alfred B. Simonds, ’20-’24. The State Chairmen were: J. M. Fletcher, ’87-’92; H. O. Jackson, ’96; L. F. Richardson, ’o00-’04 and ’06; Ray C. Durgin, ’o4; A. H. Morrill, ’07-’11; Rev. G. L. Thompson, ’11-’16; John C. Berry, ’16. New Jersey. The candidates for Governor were: R. Bingham, 77. S, B. Ransom, ’80; Solomon Parsons, 83; Clinton B. Fisk, ’86; George LaMonte, ’89; T. J. Kennedy, ’92; Henry W. Wilbur, ’°95; T. H. Landon, ’98; Joel W. Brown, 701; James Parker, ’04; John R. Mason, ’07; Charles F. Repp, ’10; James Gilbert Mason, 13; Harry S. Baughn, ’16; Charles E. Lane, ’19; Eugene A. Smith, eA 652 PROHIBITION IN THE UNITED STATES The members of the National Committee were: S. B. Ransom, ’69-’82; James S, Littell, 76-80; Dr. T. Edgar Hunt, ’80-’88; Solomon Parsons, ’84-’88; W. H. Nicholson, ’88-’08; Cortlandt L. Parker, ’88-’92; Robert White, ’92-’00; Joel G. VanCise, 00-712; Dr. Grafton E, Day, ’12-’16; Will D. Martin, °12-’28; James Gil- bert Mason, ’16-’28. The State Chairmen were: Thomas V. Cator, 87; Cortlandt L. Parker, ’87-’89; T. W. Burger, ’90; Robert J. S. White, ’92-’96; George J. Haven, ’oo-’o4 and ’o7-’10; Dr. Grafton E. Day, ’04-’07; Donald MacMillan, ’11-’16; Will D. Martin, ’16-’25,. New York, The candidates for Governor were: Myron H. Clark, 70; C. C. Leigh, ’72; Myron H. Clark, "74; William J. Groo, ’76; John W. Mears, ’79; A. A. Hopkins, ’82; H. Clay Bascom, ’85; W. Martin Jones, ’88; J. W. Bruce, 91; Francis E. Baldwin, ’94; William W. Smith, ’96; John Kline, 98; William T. Wardwell, ’oo; John McKee, ’o2; Alfred L. Manierre, 04; Henry M. Randall, ’06; George E. Stockwell, ’08; T. Alexander MacN icholl, ’10 and ’12; William Sulzer, ’14; C. E. Welch, 716; Charles S. Whitman (Rep.), "18; George F. Thompson, ’20; George K. Hinds, ’22; Charles E, Manierre, ’26. _ The members of the National Committee were: William Hosmer, ‘693, C., Hei Meady ?7686i0: Gl. CG. Leigh, ’76-’80; Stephen Merritt, 80-82; J. W. Grosvenor, ’80-’82; Dr. T. J. Bissell, 'O2-'88 nro Hazelton, ’82-’84; J. W. Bruce, ’84-’88: H. Clay Bascom, ’80-’96; William T. Wardwell, ’88-’08; Fred F. Wheeler, ’96-’00; Francis E. Baldwin, ’oo-’04 and ’16-’24; J. H. Durkee, ’o4-’08; George E. Stockwell, ’08-’12; C. E. Pitts, ’08-’12; Alexander T. MacNicholl, "12-'16; Olin S. Bishop, ’12-’20; Mrs. D. Leigh Colvin, ’20-’28; William F. Varney, ’24~-’28. The State Chairmen were: Dr. T. J. Bissell, "73; Fred F. Wheeler, 84-89 ; Francis E. Baldwin, ’89-’93; Dr. Mitchell Downing, ’93-’98; J, Hy Durkee, ’98+'07 5 GaE) Pitts, 07-125) 10S) Bishop, 712-19; W. H. Burr, ’19-’21; W. E. Moore, ’21 ; John McKee, ’22-’24. North Carolina. The candidates for Governor were: J. M. Tem- pleton, ’92; James R. Jones, ’06; Henry Sheets, ’oo; J. M. Temple- ton, ’04. The members of the National Committee were: D. W. C. Benbow, ’88-'92; Edwin Shaver, °88-’92 and ’oo-’o04; J. A. Stikeleather, ’92- 96; T. P. Johnson, ’92-’04 and ’o8-’20: N. W. Newby, ’96-’00; J. M. Templeton, ’o4. The State Chairmen were: D. W. C. Benbow, ’87-’90; J. H. Southgate, ’96; Edwin Shaver, 96-07; F. S. Blair, ’13-’16; Thomas P. Johnson, ’16-’20, North Dakota. The candidates for Governor were: R.. B, Rich ardson (Fusion), ’96; Delavan Carlton, ’00; H. H. Aaker, ’o4. The members of the National Committee were: E. E. Saunders, '92-’96; H. H. Mott, ’92-’00; M. H. Kiff, ’96-’12; J. T. Esterbrook, APPENDIX 653 ‘00-04; Theodore E. Ostlund, ’o4-’12; O. Tippam, 116-205) (Oli: McCracken, ’16-’20; George Lippman, ’202——. The State Chairmen were: M. H. Kiff, ’94-’00; E. A. Taylor, ’96; J. L. Sizer, ’01; George A. Flewell, ’04; George Schlosser, 107 ; Theodore E. Ostlund, ’10; Frank B. Stevenson, ’12-’16; George Lippman, ’20. Ohio. The candidates for Governor were: Samuel Scott, 69; Gideon T. Stewart, ’71 and 773; Jay Odell, ’75; H. A. Thompson, ’77~ Gideon T. Stewart, ’79; A. R. Ludlow, 81; Ferdinand Schu- macher, ’83; A. B. Leonard, ’85; Morris Sharp, ’87; J. B. Helwig, ’89; J. J. Ashenhurst, ’91; Gideon T. Macklin, ’93; Seth Ellis, 95; J. C. Holiday, ’97; George M. Hammell, ’99; E. J. Pinney, Ors N. D. Creamer, 03; Aaron S. Watkins, ’o5; J. B. Martin, ’08; H. A. Thompson, ’10; Daniel A. Poling, ’12; J. H. Dickason, 16; John A. Henderson, ’20. The members of the National Committee were: Gideon T. Stew- art, 69 and ’82-’84; H. A. Thompson, ’76-’80; Mrs. Mattie Mc- Clellan Brown, ’76-’80, ’84-88, ’92-’96; S. L. Roberts, ’80-’82 ; W. G. Hubbard, ’80-’82; Mrs. Mary A. Woodbridge, ’82-’84; Jay Odell, ’84-’88; B. S. Higley, ’88-’92; J. A. Dickson, ’88-’92; L. B. Logan, ’92-’96; John Danner, ’90-’04; Robert Candy, ’oo-’08; H. F. MacLane, ’o4-’08; J. B. Martin, 08-11; F. M. McCartney, 08-12; Aaron S. Watkins, ’11-’20; Hewson L. Peeke, ’12-’20; Prescott Gillilan, ’20-’28; Mrs. Carrie L. Flatter, ’20-’24; Fred W. Barrett, 24-28. The State Chairmen were: B. S. Higley, ’87-’89; R. S. Thompson, ’90; J. W. Sharp, ’91; L. B. Logan, ’92-’95; E. J. Pinney, olay ON fs ol fe Ashenhurst, ’97-’02; George L. Case, ’02 3 LB.) Hawkyivo3 2 aM! McCartney, ’04-’07; H. F. MacLane, 08-10; J. T. N. Braithwaite, "10; J. W. Henry, ’11; J. Raymond Schmidt, ’12; R. R. Roberts; ’13; Elton R. Shaw, ’13-’16; F. W. Lough, 716; Prescott Gillilan, "17-253 General Walter S. Payne, Hewson L. Peeke and H. F. MacLane each served a number of years as Chairman of the State Central Committee in the period 1898-1912. Oklahoma. The only candidate for Governor was George E. Rouch, 710. The members of the National Committee were: Charles Brown, 08-16; J. H. Monroe, ’o8-’12; George E. Rouch, *°12-’16; Ernest Allison Smith, ’16-’20; J. A. Brewer, ’16-’20. The State Chairmen were: E. S. Stockwell, ’02; Charles Brown, 04-10 and 715-16; G. E. Rouch, *10-’12; L. W. Sisson, 713; Ernest Allison Smith, ’15-’17. Oregon. The candidates for Governor were: J. E. Houston, ’86; James H. Kennedy, ’94; H. M. Clinton, ’98; A. J. Hunsaker, ’o2; I. H. Amos, ’06; A. Eaton, ’10; W. S. U’Ren, *14. The members of the National Committee were: J. G. Warner, ’88- "92; J. W. Webb, ’88-’92; I: H. Amos, ’92-’00; Mrs. IN Sly Digerts 654 PROHIBITION IN THE UNITED STATES 92-96; E. O. Miller, ’oo-04; W. P. Elmore, ’oo-’12; F. Mc- Kercher, ’04-"12; Julius C. Voget, ’12-’16; J. P. Neell, ’12-’24; George L. Cleaver, ’16-’20; Miss Grace Amos, ’20-’22. The State Chairmen were: W. W. Dimick, ’87; C. W. Brown, °88-’91 ; George M. Weister, ’94; I. H. Amos, ’95-’07; J. P. Newell, °07, : Pennsylvania. The candidates for Governor were: Simeon B. Chase, ’72; R. Audley Brown, ’75; Franklin H. Lane, ’78; Alfred C. Pettit, 82; Charles S. Wolf, ’86; John D. Gill, ’90; Charles L. Hawley, ’94; Silas C. Swallow, ’98 and ’02; Homer L. Castle, ’06; Madison F, Larkin, ’10; Matthew S. Stevenson, ’14; E. J. Fithian, 18; William Repp, ’22; George L. Pennock, ’26. The members of the National Committee were: James Black, *69-’76, *80-'82, ’84-’88; Arthur Kirk, ’76-’80; J. L. Richardson, 76-80; James Park, Jr., ’80-’82; A. C. Pettit, 82-’84; I. N. Peirce, 82-84; William T. Dunn, ’84-’88; W. M. Price, ’88-’92; A. A. Stevens, ’88-’12; S. W. Murray, ’92-’96; H. D. Patton, ’96-’00; Charles R. Jones, ’00-’08; David B. McCalmont, ’o8-’20; Henry S. Gill, °12-’16; B. E. P. Prugh, ’16-’28; Elisha Kent Kane, ’20-’28. The State Chairmen were: A. A. Barker, ’83-’86 and ’88; A. A. Stevens, 87 and ’89; H. D. Patton, ’90-’96; Charles R. Jones, ’96- "05; David B. McCalmont, ’06-’10; Burton L. Lockwood, ’o9-’13; B. E. P. Prugh, 713-’25. Rhode Island. ‘The candidates for Governor were: R. Hazzard, "753 Albert C. Howard, ’76; General.Charles E. VanVandt, ’77, "78, °79; Albert C. Howard, ’80; Frank G. Allen, ’81; George H. Slade, ’85 and ’86; Thomas H. Peabody, ’87; George W. Gould, ’88; John H. Larry, ’90 and ’91; Alexander Gilbert, ’92; Henry B. Met- calf, 93 and ’94; Smith Quimby, ’95; Thomas H. Peabody, ’96 and 97; Edwin A. Lewis, ’98; Joseph A. Peckham, ’99; Henry B. Met- calf, 00; William E. Brightman, ’or and ’o2; Frederick T. Jencks, 703; Henry B. Metcalf, 04; Bernon E. Helme, ’o5 and ’06; Louis E. Remington, ’07 and ’08; Willis H. White, ’09; Nathaniel C. Greene, "10; Ernest L. Merry, ’11; Willis H. White, ’12; Ernest L. Merry, 714; Roscoe W. Phillips, ’16. The members of the National Committee were: Henry S. Wood- worth, ’84-’92; J. N. Todd, ’84-’88; James A. Williams, ’88-’92; Thomas H. Peabody, ’92-’96; G. H. Slade, ’92-’96; Henry B. Met- calf, ’96-’08; Smith Quimby, ’96-’08; C. H. Tilley, ’o8-’12; Bernon FE. Helme, ’o8-’12; L. E. Remington, ’12-’20; Frederick T. Jencks, ’12-’24; George W. Jeffery, ’20-’24. The State Chairmen were: H. S. Woodworth, ’87-’88 and ’92; John W. Blodgett, 89; James A. Williams, ’93-’00; Elisha T. Read, ’oI-04 and *10-’"11; C. H. Tilley, ’04-’08; Roscoe W. Phillips, ’13- °20. South Carolina. ‘The members of the National Committee were: Mrs. Sallie F. Chapin, *82-’88; James’ H. Carlisle, ’82-’84; J. P. Prince, ’88-’92; H. F. Chreitzberg, ’88-’92. wwePPEN DIX reer igd } 655) The State Chairmen were: W. B. Ingle, ’02; Charles A. Smith, ’o7; George Gary Lee, 713-16. South Dakota. The candidates for Governor were: M. D. Alex- ander, ’94; J. F. Hanson, ’96; Knute Lewis, ’98; F. J. Carlisle, ’00 ; H. H. Curtis, ’02; W. J. Edgar, ’04; Knute Lewis, ‘06; G. F. Knappen, ’08; O. W. Butterfield, ’10 and ’12; C. K. Thompson, ’14 and ’16. The members of the National Committee were: A. R. Cornwall, ’92-’96; H. H. Roser, ’92-’96; J. A. Lucas, ’96-’00; J. F. Hanson, ’96-’00 ; H. H. Curtis, ’00-’04; F. J. Carlisle, ’o0-’04; Dr. C. V. Tem- pleton, ’o4-’12 and ’16-’20; Quincy Lee Morrow, ’o8-'16; W. T. Rafferty, 712-24; Mrs. Flora Mitchell, ’20-’24. The State Chairmen were: J. A. Lucas, ’94; W. A. Stromme, ’oo- ’92: Dr. C. V. Templeton, ’02-’15 ; Quincy Lee Morrow, ‘16-18. Tennessee. The candidates for Governor were: J. G. Johnson, ’88: D. C. Kelly, ’90; Judge E. H. East, ’92; Josephus Hopwood, ’96; W. D. Turnley, ’98; R. S. Cheves, 00 and ’o2. The members of the National Committee were: Emerson Ethe- ridge, ’82-’84; William A. Sinclair, ’82-’84; J. W. Smith, "84-92; J. R. Anderson, ’84-’88; James A. Tate, ’88-’08; A. D. Reynolds, ’92-’96 and ’04-’12; R. S. Cheves, ’96-’04; J. B. Stinespring, 08-12. The State Chairmen were: W. A. Clendenning, ’87; George 5. Armistead, ’88-’90; James A. Tate, ’90-’07; J. B. Stinespring, ‘08; R. B. Eleazar, ’12. Texas. The candidates for Governor were: E. L. Dohoney, ’86; Marion Martin, ’88; E. O. Heath, ’90; D. M. Prendergast, ’92; J. M. Dunn, ’94; Randolph Clark, ’96; B. P. Bailey, ’98; H. G. Damon, ’00; George W. Carroll, ’02; W. D. Jackson, 704; J. W. Pearson, 706; E. C. Heath, ’08; Andrew Jackson Houston, ’10 and ’12; H. W. Lewis, ’16. The members of the National Committee were: E. L. Dohoney, *82-’92; W. H. Hamlin, ’84-’88; J. B. Cranfill, ’88-’00 and ’04-’123 E. C. Heath, ’92-’00; D. H. Hancock, ’oo-’04; J. G. Adams, 04-08 ; Walter C. Swengle, ’08-’11; Thomas Brown, ’11-’12; P. F. Paige, ’12-’20; J. L. Campbell, ’12-’16; H. L. Winchell, ’16-’20. The State Chairmen were: J. B. Cranfill, ’87; W. D. Jackson, ’88-’00; E. C. Heath, ’91, ’92, 96; W. D. Knowles, ’92; E. A. Wingo, ’96; B. T. Bailey, 00; E. H. Contbear, ’o2-’10; P. F. Paige, ’11-’12 and ’16; A. A. Evarts, ’13. Utah. The only candidate for Governor was Jacob 5. Boreman, 700. The members of the National Committee were: Jacob S. Boreman, ’00-’04; C. D. Savery, ’00-’04; Robert T. Shields, ’°08-’12; Miss Edith Wade, ’08-’12; W. N. Jonas, ’16-’20; Henry P. Olson, ’16-’20. The State Chairmen were: Richard Wake, ’o2-’06; Hugh L. Glenn, ’20. Vermont. The candidates*for Governor were: Henry M. Seeley, 86 and ’88; Ernest L. Allen, ’90 and ’92; Rodney W. Whittemore, 656 PROHIBITION IN THE®UNITED STATES 94 and ’96; C. W. Wyman, ’98; Henry C. Barnes, ’oo; Rev, Joel O. Sherburne, ’02; Homer F. Cummings, ’o4; Dr. L. W. Hanson, ’o6; FE. M. Campbell, ’o8; Edwin R. Towle, ’10; Clement F. Smith (Fusion), ’12 and ’14; Dr. L. W. Hanson, 716; William B. Mayo, "18; James Hartness (Fusion), ’20; George S. Wood, "24. The members of the National Committee were: C. W. Wyman, 88-04; Clinton Smith, °88-’92; W. P. Stafford, "92-'963°H. 1G; Barnes, ’96-’00; H. F. Cummings, ’oo-’04; W. T. Miller, ’o4-’08; Fred L. Page, ’o4-’o8 and "12-16; H. S. Eldred, 08-12; Dr. L. W. Hanson, ’o08-’24; George S. Wood, *16-'24. The State Chairmen were: Clinton R. Smith, 87; Wendell P. Stafford, ’89-’90; C. W. Wyman, 92; F. H. Shepard, ’92-’96; John LaFort yr.) %00 9 Dr Ww: Hanson, ’oI-’03 and "1122400 SM, Harris, ’04-’08; T. C. Andrews, ’I0. Virginia, The candidates for Governor were: Thomas E. Taylor, 89; James R. Miller, ’93; L. A. Cutler, 97; O. C. Rucker, ’or. The members of the National Committee were: Thomas E. Tay- lor, ’84-’88; Rumsey Smithson, °84-’88; James W. Newton, °88-’06 ; R. H. Rawlings, ’88-’92; W. W. Gibbs, 92-96; J. R. Miller, *G6- ‘00; James W. Bodley, ’96-’12; W. T. Bundick, ’oo-’o4; G. M. Smithdeal, ’o4-’12; William A. Rife, °12-’16; H. M. Hoge, ’12-’16; T. M. Hammond, ’16-’20; Dr. E. R. MclIntyer, ’16-’24; Mrs. E. R. MclIntyer, ’20-’21. The State Chairmen were: Capt. A. H. Fultz, °82; M. M. Sibert, 88; J. M. Newton, ’90; W. W. Gibbs, ’93; Col. J. R. Miller, 94; B. Lacy Hoge, ’95-’96; W. T. Bundick, ‘00-’o1 ; J. O. Alwood, ’o2- 06; James W. Bodley, ’07-’o9; G. M. Smithdeal, ’ro-’11; William A. Rife, ’12-’14; F. M. Hammond, ’15; Dr. E. R. MclIntyer, ’16-’24. Washington. The candidates for Governor were: Roger S. Greene, ’92; R. E. Dunlap, 96 and ’oo; A. H. Sherwood, ’04; A. S. Caton, ’08; George Stievers, 12; A. B. L. Gellerman, ’16. The members of the National Committee were: R. S. Greene, ’88-’92 and ’oo-’04; S. T. Dimmick, 88-’92; E. B. Sutton, ’92-’96; G. D. Strong, ’92-’96; C. Davis, ’96-’00; W. H. Gillstrap, ’96-’00; E. S$. Smith, ’00-04; R. E. Dunlap, ’04-’12; W. H. Roberts, 04-08 ; Guy Posson, ’o8-’11; O. L. Fowler, ’t1-’12; H. T. Murray, ’12-’16; Mrs. Nettie Hellenbeck, ’12-’20; Walter F. McDowell, ’16-’20. The State Chairmen were; C. L. Haggard, ’00; R. E. Dunlap, ’oI-'07; Guy Posson, ’08-’09; James McDowell, ’10; O. L. Fowler, "11-12; Mrs. Nettie Hellenbeck, "12-16; H. T. Murray, °16; W. E. Haycox, ’20. West Virginia. The candidates for Governor were: Frank Burt, 92; T. C. Johnson, ’96; Thomas R. Carskadon, ’00; Joseph W. Bed- ford, ’04; Edward W. Mills, ’o8: J. Goodloe Jackson, ’12. The members of the National Committee were: Frank Burt, °84-’00; T. R. Carskadon, ’92-’08: U. A. Clayton, ’oo-’16; E. W. Mills, ’08-’12; Jay E. Cunningham, ’12-’24; Goodloe Jackson, ’16- 24; Samuel Dorsey, ’24-’28; Rev. George W. Ogden, ’24-’28. en APPENDIX 657 The State Chairmen were: Dave D. Johnson, ’87-’91; J. Howard Holt, ’96; U. A. Clayton, ’00-’07 and ’10-’11; Edward W. Mills, ’07- "10; J. W. Bedford, ’12-"18; A. W. Martin, ’20-’22. Wisconsin. The candidates for Governor were: C. E. Hammond, 75; William L. Bloomfield, ’79; Theodore D. Kanouse, ’81; Samuel D. Hastings, °84; John M. Olin, ’96; E. G. Durant, ’88; Charles lesaider 003, ..C, Richmond, ’92 3}. A. Clezhor)/649)).. 11. Berkey, 96; Eugene W. Chafin, ’98; J. Burritt Smith, ’°00; E. W. Drake. 62 iW.s tH. Clark, Yo4:°E. Le Eaton,.:’06 + Wa DaAGox 0c: D. E. VanKeuren, ’10; Charles L. Hill, ’12; David W. Emerson, 714; George B. McKerrow, ’16; W. C. Dean, ’18; Henry H. Tubbs, ’°20; M. L. Welles, ’22; A. R. Bucknam, ’24. The members of the National Committee were: J. M. May, ’69; H. W. Brown, ’76-’80; T. D. Stone, ’76-’82; Mrs. C. W. Pinkham, "80-82; J. J. Sutton, ’82-’84; Samuel D. Hastings, ’82-’04; B. E. VankKeuren, ’84-’92 and ’o8-’16; E. W. Chafin, ’92-’96; O. B. Olson, ’96-’04; Alfred Gabrielson, ’o4-’08; W. D. Cox, ’08-’12; A. J. Ben- jamin, ’12-’20; Henry H. Tubbs, ’16-’28; William C. Dean, ’20-’24; Oliver Needham, ’24-’28. The State Chairmen were: T. C. Richmond, ’87-’91; M. O. Nel- son, 91; C. F. Cronk, ’92-’96; J. E. Clayton, ’96-’06; W. D. Cox, ’07; J. Burritt Smith, ’o9-’14; A. J. Benjamin, ’15-’16; William C. Dean, ’17-’20; Oliver Needham, ’24. Wyoming. The candidates for Governor were: William Brown, ’92; George W. Blaine, ’06. The members of the National Committee were: O. S. Jackson, ’92~06; M. J. Waage, ’92-’96; L. L. Laughlin, ’o4-’12; Dr. C. J. Sawyer, ’04-’12; J. R. Cortner, ’16-’20; A. B. Campbell, ’16-’20. The State Chairmen were: Emma FE. Page, ’92; C. J. Sawyer, ios. L. Lauchlin, ‘10-12; J. R. Cortner, 12716; Rev.) Orem aking 722 © ar o> . 0. 82 ee. een) 2 ry Af ia Fe Be 4 | 4 F y ‘y ‘ , s mA 4 ; 1 tt : F ; ’ j ee hha on ad § eae. vy A ee i i ‘9 1s 5 y ra Ay ha! . " ; eA : Ate Wane a A ad xen aa ee Ea eS CO eae Pe ny Wc ‘ \ 7 , . bar Pye ? + nee r ¥ iP ay 4 ere ti ot Tut ah ty ’ bi LIN Neeey an rh? ee r sf Syi"'s Ma } s eae Re rE Sharer tat : “hg “8 wore a a ? ee" ‘7 i, beh beg at ag yo ay oer “ah ek) 4 Li We foseh a nis) ; ; i} b aEEN, O PAN 44 ik uD 3 i" Teeth? aca a(S ky Pes yea! pe Veet : amt - : . ». LY \ )« ‘ ay » Ny pyty “ ‘ t veer. Ae | 4 ate. WV Be Oo ay aI ie) Tiss vl wit? de! 4 re 2 wd « Nie A aoe Vee a) ™ glad \ a7 ei : 4 if : % [oer . ea eal Hiya ise th HAW tk i A aL ile myc ae DES SSA Mee OR MTG cov hi koe, Sambi EER. iS a4 b i% eo Al a 4 led ig'h 4 Me Preah : Ms ni bd hat Paty A n ry “Wits. 7 iA. " At vy en | a rad ‘es wt a) ivi Tacky i, Bay ' ; i 4 Wee wis ah PICA AERA ARES CU UN Tee es a iy NN i eal a Mey ’ % ‘ i ' ' e@ vets ihre ae Cet ASE NIB ey WO Vid he PG ee rd WD ay r RG bert : a . % 4 ‘1 i 4 2 / " . : . Aid 4 44 ‘ my g ’ y 3 Ah j 1 44 } j ‘| . wi ’ i v PT rom tik nat Le : ae A, Py’ Hej ? } uA { ‘ ¢ shat i. Pay jth gy ie PRC, Wea pi Cie ee 0 Sa eit publ") cy a ihe a f ' De ie h ; Lea | Cire A ie i - : a gt ; j i r bw | 4 ‘ i ; ¢ . , re gall ' , 1 LT on 1 i j 3 4 wy { ,capy ote hotel +t her bck Ss : D v wu fo Wee il. ry ' 1 ae oe, Lira | i 44 \ ae "y ifs Wwiyyly pik te ‘ ‘ i i oe ‘7 F Une Ft Fe I } ve) A y yey ye VERS GOL et ibe en! my pa ee can! be ialdahe haan \ Aap § § ¥ ; F ‘ i P ‘ git { de 4 * * HAHN 4 \ 7 C6) yrs rut ae vow Fy ‘ \ ‘ Pn Ni ; ‘ f ava % : fa “ais ' ‘ } i | ‘ i ie biG? shea Wiig Cans eles ah ee ie iy Ve: re j F J o i ¢g - iy : ma etry] cea oe : ' i AAP", - 4 af * Mi i 1 . ,* ‘ { { * 4 i ’ “ : ; - iia ar i a, ogenes bat By y ' + ry a 74 ’ it gata. A) Gy Loot OR RCI CRAG | i y ya: . : 4 ou bab). 4 i ra at ; : vale ‘ ‘ , . , : ‘vg eae i Vite SOK MLA Ca, aad att 44 , d A P * iu r ef a 4 ‘oy . Ula 4. ’ f = ” i, san : 7 \ ‘i : ) ; ‘ Baie: we. } " ay } ae . i gf. ‘ CHG uf t ‘ - AL i 4 ‘ | en PARP PERN 0 ae) cme em ‘ ) ' a ; } j mt he \ afar i ; Mv by , . [ ri! “ ’ i} \ t i ; ' : ees is . , hi } 4 i A 7 aA h agent ; , | s u { ’ 7 J *? in oh ets: fA queer Cet ae ath " b * F cole = af Py het : i 3 ‘7 eee i ¢ , ‘ les d ae ' ‘ P * s ' co | aif Ul “M, : i ’ am | fl : , ‘ole ee i) ty ’ | “ i ‘7 ‘ a 4 : : i Te, a i ; . “ * t v} i A i) i Ov RL ' : ‘ ; “i 5 . y ‘5 a tA. ire ‘ rw j f, i “ 7 ry H oe ‘ f j a iW the t , * ’ ‘ ; iy r . : ; . = ‘ yt f ( ¥ Mg id r n if ian i ‘ 5 4 re j + | , ‘ 4 a ' , ay ob oe p i , ’ 1 ’ s fi . \ i ’ t. : 5 pi, a, : | ‘ eee “i si i gy » hae os Pog ete * wale Jw P INDEX Adams, John, and temperance reform, 13, 14 Address to the People, Gerrit Smith, 69, 75 Adequate Remedy for a National Evil, An, John Russell, 99 Administration, 455, 608 Alabama, law repealed through liquor power, 345 Statewide prohibition, 334 Alaska, prohibition in territorial laws, 179, 440 Alcohol and the State, Robert C. Pitman, 87, 120, 361 Alcohol Consumption, 549 Alcoholic Liquor Traffic, Com- mittee of Inquiry on, 102 Alcoholism, deaths, 479, 489, Effects of, 489, 576 Alienation of votes, 397, 398, 567, 637 American Advance, The, 343 American Temperance Society, ro. al American Temperance Union, 18, 39, 45 Anti-Saloon League, The, 380 Catechism of, 390 Compromises of, 394 “Good man” theory, 382, 391, AOI History of, early, 384 Hobson Amendment, and the, 394. Illinois, in, 391, 392 Local option and, 359, 369 Local option in Ohio and, 387 Maps on local option mislead- ing, 306 Omni-partisan plan, 390, 395 659 Anti-Saloon League, Opportunism of, 395 Oregon, attitude in, 408 Organization of, 386 Policy of, political, 399 Principles, declaration of, 390 Prohibition Party and, 380 Reed Amendment, 394 Scholarship in, 395 “Step” theory, 393 Anti-Saloon League Blue Book, 90 Anti-Saloon League Catechism, 390 Anti-Saloon Republican Move- ment, 385 Appleton, Gen. James, 19, 29 Arizona, prohibition in, 377 Vote, 435, 430 Arkansas, local option in, 375 Vote, 438 Armstrong, Dr. Lebbeus, 15, 43 Army canteen, the, 304 Deaths due to liquor, 304 Liquor evil during Civil War, 58 Liquor-selling to soldiers, 17 Spirit ration abolished, 17 Arrests for drunkenness, 474, 489 Artman, Judge, decision, 334 Auxiliary Organizations, 323, 344 Bain, George W., 143, 246 Balance of power, 83, 566, 623 (Also see Liquor Interests ) Ballot, responsibility for, 163, 204, 207, 271, these.) 27 3) 286, 2287, 315 660 Baptist Church Home Mission Society, and liquor, 267 Beecher, Rev. Lyman, 15, 18 Beer and Wine, army canteen in, 304 Beer output, 552 Capital invested, 546 Consumption of, 17, 105, 548, 601 Iowa permits, 47 Massachusetts permits, 87 Near-beer places licensed in Georgia, 346 Prohibition of, 599 Return to, 39 Vote on, 439 Bibliography, Select, 27, 48, 199, 237; 201, 275; 292, 3933 352; 379; 495, 424, 469, 545 Bicameral Principle in the New York Legislature, The, D. Leigh Colvin, 463, 613 Bicameral System, the, 141, 611, 613 Bidwell, John, 250 Blacks Jaines! = O19 04,)170e403) 155, 188, 247, 277 Death of, 260 Blind Tigers, 297 Board of Health, Washington, liquor prohibition by, 17 “Bone Dry” Laws, 440, 441 Brehm, Miss Marie C., 467 Brooks, Dr. John A., 189 Burchard, Dr., famous allitera- tion of, 164, 165 reasons for, California, dry counties decrease, Sra First prohibition vote in, 135 Local option in, 357 Randall campaign in, 409 Votes, 436, 438 Campaigns, National, 95, 113, 120,, 101, 241,240, e131, 331, 423, 463, 464 PROHIBITION IN THE UNITED STATES Carroll, George W., 328 Cary, General, 48 Cass, Gen. Lewis, 17 Catholic Church, Roman, Leo XIII, Pope, favors total ab- stinence, 268 Prohibition principles of, 269 Third Plenary Council, 268 Total Abstinence Union, 268, 269 Zurcher, work of Father, 269 Catholics and Prohibition, 269 Century of Drink Reform, A, Fehlandt, 231 Chafin, Eugene W., 258.0 4973 340, 351, 608, 633 Arizona, work in, 431 Chairmen, National, 88, 95, 113, 123; 1331543161) 10292 7am 260, 306, 331, 351, 406, 467, 468 Chase, Simeon B., 88-89, 95 Chicago Lever, 260 Cholera Epidemic, liquor pro- hibition during, 17 Christian Church, American Temperance Board, 275 Temperance and, 268 Churches, Federal Council of, 443 Principles of the, 269 Reaction in resolutions of the, 274 Voice of the, 264 (See Individual tions ) Cider, consumption of, 17 Citizens’ Union of Michigan, 385 Civil Damage Act, First, 25 Civil Damage Law, 97 Effects of, 102 | Civil War, liquor evil during, 58 Clark, Dr. Billy J., 15, 43, 136 Close states, 198, 398, 513, 565, ‘ Denomina- Colorado, dry counties decrease, 374 INDEX Colorado, Towns elect straight ticket, seven, 254 Votes, 435, 436 Colvin, D. Leigh, 462, 468 Committee, National, 64, 113, 133, 161, 167, 169, 192, 238, 351, 467, 408 Committee of Sixty on National Prohibition, 412 Compensation, 523 Competition for liquor vote, 98, 159 Congregational Church, license system, and the, 271 Congress, Blair Amendment in- troduced, 179 Eighteenth Amendment, sub- mission of, 444, 447 First party Prohibitionist elected to, 241 Hobson Amendment, 394 Instruction in District of Co- lumbia, 179 Memorial for National Pro- hibition presented to, 413 Reed Amendment, 394 Territories, prohibitory laws for, 440 Volstead Law, 490 War Prohibition, 443, 445 Webb-Kenyon Act, 440 Congressional Temperance So- ciety, 17, 95 Connecticut, decrease towns, 374 History of party in, 107 Legislator elected, 333 Local option in, 356 Loss of prohibitory law, IoI Organization of state party, BI Prohibitory laws in, 21, 33 Repeal of prohibition, 108 Return to license, 39 Saloons in, 364 Submission, failure of, 141 in dry 661 Constitution, why prohibition in, aoa Constitutional Government im the United States, Wood- row Wilson, 621 Constitutional Prohibition, state, limitations, 219 Weapon only, 242 Why, 136 Continental Congress, prohibi- tion resolution, 13 Conventions, National, 65, 109, 123, 151, 187, 246, 250, 309, 326, 330, 349, 413, 457, 404 Cornerstone, The, 30 Court Decisions, Georgia law weakened by, 345 Indiana, 334 (See United States Supreme Court) Cranfill, James B., 251, 339 Crime and license, 16 Crime statistics, 477 Dakota Territory, plebiscite in, t44 Daniel, William, 157, 168 Death rate, decline of, 479 Defeat or Victory, Mee and Holden, 443 Defender, The, 336 Delaware, prohibitory law passed, 33 Democratic Party, attitude to- ward prohibition, 222 Competition for wet vote, 103 Leaders in pay of liquor in- LEKeSts 7207 Liquor aid in Jowa, 213 Plank, 1924, 503 Platforms, prohibition effect on, 176 Prohibition and the, in Maine, 40, 46 Prohibition planks of, 433 Wet vote, caters to, 398 Wet vote in New York, 198 662 Dickie, Samuel, 192, 238, 246, 254, 200, 273, 310, 337 Death of, 261 Debates of, 342 Disciples of Christ (See Chris- tian Church), 275 Dispensary System, Chapter on, 295 Blind Tigers, 297 Claims for, 295 Counter proposal to prohibi- tion, 293 7 First operated in South Caro- lina, 293 Political corruption, 298 Provisions of, 294 Results of, 295 Tillman, Governor, 294 Distilled Spirits, 17, 548 Distilleries, effect of temperance work on, 16 District of Columbia, instruction on effects of alcohol, 179 Prohibition in, 441 Platt Bill, 180 Dow, Neal, 29, 40, 42, 127; 1120) 188, 319, 514 Death of, 260 Drink bill, 549 Drunkenness, arrests for, 474, 489 Decrease in, 474 Georgia, arrests in, 346 High license and, 233 Local option, under, 367 Massachusetts, arrests in, 406 Dry Laws and Wet Politicians, Harold D. Wilson, 408 Education, Effect of prohibition on, 486, 582 Intercollegiate Prohibition As- sociation, 188 Temperance instruction laws, 178, 201 Tennessee schools after Civil War, 363 PROHIBITION IN THE UNITED STATES Effects of Ardent Spirits upon the Human Mind and Body, Dr. Benjamin Rush, 13 Eighteenth Amendment, 449 Administration of, 488, 495 Betrayal of, 508 Political system underlying prohibition, 508 Principle of national prohibi- tion, 575 Ratification of, 448, 451 Reasons for constitutional prohibition, 594 Scope and effect of, 597 Submission of, 444 Supreme Court decisions, 516 Violations of, 503 Volstead Law, 490 Electoral votes from dry states, 631 Enforcement, by Neal Dow, 31 In 1920-1925, 488 Kansas, party organically in- capable, 222 Local, 505, 638 Maine Law Party, 42 Maine, subjection to Republi- can national politics, 225 More taxing on party than en- actment, 152 Pearson in Maine, 319 Poor in Connecticut, wet off- cers, 49 Poor in Massachusetts, divided allegiance, 86 Russell on reason why poor, malcondition of politics, 134 Faris, Herman P., 467 Farmers’ Alliance, 241 Father Mathew Man, The, 269 Ferguson, William P. F., ad- dress of, 342 Editor, 335 Libel suit against, 336 Fiddlers, The, Arthur Mee, 443 _ ae 7 2 = eee ——————— Oe ae LL ee ee INDEX Finch, John B., 143, 146, 161, 179, 208, 226, 264, 447, 514, 524 Announcement on vote, 164 Death of, 185 Debates of, 185 On compensation, 524 On necessity for party, 226 Fisk, Gen. Clinton B., 155, 168, 189 Gubernatorial 171 Letter of acceptance, 192 Florida, county vote for prohibi- tion, 378 Legislator elected, 333 Local option in, 375 Prohibition defeated by local option, 367 Years between local option and prohibition, 377 Vote, 435 Flournoy Movement, 22 Flying Squadron of America, The,yary Enlistment pledge, 412 Free Methodist Church, attitude toward prohibition, 271 General Conference, 275 campaign of, Georgia, agitation for political action, 61 Dispensary system in, 293 Early prohibition laws, 13 Flournoy Movement, 22 Hostile court decision, 345 Local option in, 356, 358, 37° Near-beer saloons licensed, 346 No-license in, 24 Period from local option to prohibition, 376 Prohibition in, history of, 333 Prohibition postponed by local option, 366 Prohibitory law adopted, 302 663 Georgia, W.C. T. U. moral uprising in, 371 “Good man” theory, 274, 382, AOI Anti-Saloon League, 39! Weakness of, 289 Good Templars, Independent Order of, 61, 62, 119, 146 Gough, John B., 71, 120, 101 Government, Constitutional, and political system, 610 Parties and liquor politics, 629 Party system, basis of, 612 President, powers of the, 626 Prohibition and the American system of, 605 State, sphere of the, 584 Greeley, Horace, 43, 60, 97 Haddock, Rev. George C., mur- der of, 170 Hanly, J. Frank, 345, 414 Hinshaw, Virgil G., 351, 406, 452 Hobson Amendment, 394 Home Defender, The, 336 Home Protection Party, 132 Idaho, liquor interests defeat public men, 345 Prohibition, all parties for, 432 Prohibition vote in, 377 Ratification unanimous, 432 Statewide prohibition in, 375 Vote, 435 “T Hate It,” Hanly, 415 Illinois, court decision on license, 235 Dry counties decrease in, 374 Lincoln Chautauquas, 332 Lincoln in favor of prohibi- tion, 35 Local option in, 356, 358 Newspaper support in, 170 No-license in, 357 664 Illinois, Prohibition defeated, 34 Prohibitionists elected in, 170, 260, 331 State party in, 67 State ticket in 1870, 87 Vote in, 135, 260 We, Tit Uingez5 Independent Temperance Party in Connecticut, 51 Indiana, amendment, history of proposed, 140, 149 Baxter law, the, 101 Convention of 1900, 307 County option, 345 Court decisions, 334 First prohibitory law in, 33 Hanly, J. Frank, 345 Law declared unconstitutional, Md Local option in, 365, 373 Map of dry sections mislead- ing, 366 No-license in, 24 Party organized in, 148 People’s party, 46 Prohibition sentiment Sweeps, 45 Republican party in, 150 Return to license, 47 State platform, 150 Indians, liquor prohibited Lobes 17 Insanity, 480, 489 Intercollegiate Prohibition Asso- ciation, 324, 409, 463 Oratorical contests, 324 Study courses, 324 Intercollegiate Statesman, 324 Internal Revenue, Prohibition and the Bureau of, 495 Internal Revenue Act, effects, 52 Passage of, 49 Tax effect on saloons, 283 International Record, The, 344 Intoxicating Liquors, H. C. Black, 234 PROHIBITION IN THE UNITED STATES Iowa, amendment invalidated, 140 Amendment of law, 39 Constitutional amendment in, 139 A Constitutional prohibition lost, 437, 438 Parties and prohibition in, 222 Prohibition history in, 213 Prohibitory law in, 33 Mulct Law, 214 No-license in, 24 Vote, 437, 439 Jefferson, Thomas, on evil ef- fects of liquor, 14 Johnson, Hale, 258 Joint Legislative Committee for the Modification of the Vol- stead Act, 398 Jones, Charles R., 331, 342 Jones-Randall Bill, 44I Reed Amendment to, 441 Journal of the American Tem- perance Union, 36 Junior Prohibition Clubs, 238 Kansas, activity of liquor inter- ests, 216 Constitutional prohibition, 137, 138 First ticket, 109 Republican party in, 148, 222 Soldiers of, prohibition effect on, 442 Vote in, 435 , Kentucky, local option law in, Da Period from local option to prohibition, 377 Vote, 435 Vote in 1887, 168 Labor, effect of liquor on, 86, 577-582 Effect of prohibition on, 481I~ 486 INDEX 665 Lake Bluff Convocation, 132 Landrith, Ira, 416 Lathrap, Mrs. Mary T., 132, Legislation, Repeal of state laws in fifties, 143, 168, 282 Eulogy of, 290 Legislation, Blair Amendment, I “Bone dry” law in Oregon, 409 Constitutional amendment cam- paign, Kansas et al, 135 Continental Congress, 13 Domination by liquor power, 304. Eighties, in early, 140 Fifteen Gallon Law of Mas- sachusetts, 21 Fifties, in the, 32 First state law, 21 Gallon and quart laws, 394 Georgia near-beer saloons: li- censed, 346 High license, 228 High license and local option, 209 Indiana county option, 345 Indians, selling to, 13, 17 Internal Revenue Act, 52 Iowa constitutional amend- ment, 139 Kansas constitutional amend- ment, 137 License amendment in Ohio, ee eae aw Limitations of amendment method, 219 Local option, 356 Local option laws in eighties, 178 Maine Law of 1851, 31 Mulct Law, 394 National, progress of, 440 Platt Bill, 180 Prohibitory laws strengthened following 1884, 178 Repeal of prohibitory laws, 211,226 9 Scientific Temperance Instruc- tion laws, 178 Scott Tax Law in Ohio, 142 State constitutional amend- ment campaigns 1887-90, 202 State constitutions, methods of amending, I4I Temperance instruction laws, 178 Tennessee local prohibition, SOSH ie (See Individual States) Leonard, Dr. A. B., 168, 196, 273 Lever, The, 147 Levering, Joshua, 258, 337 Lewis, Dr. Dio, 116 Liberal Party, formation of, 40 License, Chapter on, 228 Agitation for abolition, 24, 25 Agitation for repeal, 21 Claims for high, 229 Compromises on, 209 Early movement for repeal Of eet Early no-license states, 24 Ethics, ‘oimthen236 High, advocacy of, 228 Increase in numbers, 16 Legal theory of, 234 Near-beer saloons licensed, 340 Objection to, 20 Ohio vote in 1874, 142 Political effects of high, 231 Revenue claims of high, 234 Life of Finch, The, 185 Lincoln, Abraham, advocacy of prohibition, 35 On prohibition, 60 Liquor Interests, activities of, Doe sb Advertising prohibited, 441 666 Liquor Interests, Alliances, 213, 253, 562, 568, 640 Analysis of power of, 561 Anti-prohibition propaganda, 217 Army, and the, 304 Assaults in Prohibition states, 216 Balance of power, 97, 213, 222, 223, 345, 346, 397, 550, 565 Balance of power, effect of, 433 Bankers’ and Business Men’s Association, 215 Bootlegging, 218 Brewers’ Association, U. Se (see United States Brewers’ Association ) Candidates, picking of, 219 Capital of, 230, 546 Cities, entrenched in the, 364, 376 Complete for, 599 Consolidation of, 230 Consumption, 244, 548 Consumption of alcohol, 549 Consumption of spirits under local option, 365 Corruption, political, 209, 554, 556 Deal with Republicans, 198 Defection, fear of, 96 Domination of, 398 Drink bill, 549 Drive against prohibition, 211 Effort to silence National Pro- hibitionist, 336 Eighteenth Amendment, fight against, 444 Entrenched in government, 52 Evil effects of, 576 Farm Herald, 215 Government, effects upon, 570, 5/2 prohibition, need PROHIBITION IN THE UNITED STATES Liquor Interests, Growth of traffic during Civil War, 58 Haddock murder, 170 Harrison, under President, 244 High license, 228 Iowa, in, 139 Increase of political power, 103 Influence of, evil, 590 Intimidated politicians, 510 Kansas, in, 137 Lawlessness, 558 Lobbying for army canteen, 395 Marginal vote, control ot, 222 398, 513, 565, 566, 638 Mobile vote, 198, 319, 563 Model License League, 336 National Protective Associa- tion, 203 New York politics, in, 45 Organizations of, 551 Overholt distillery, 403 Parasitic industry, 481, 579 Party system and the, 629 Personal liberty claim, 586 Philippine Islands, in the, 305 Political methods of, 205, 510, 556, 560, 563 Political power of, 198, 206, a fe Power of, 546, 561 Price increase shifted to con- sumer, 231 Propaganda, 217, 507 Raster Resolution, 96 Removed by prohibition, 480 Reorganization of, 203 Saloon, effects of, 547 Saloons, political centers, 232, 562 Saloons return in Iowa, 214 Slaughter of public men favor- ing prohibition, 344 Sunday laws violated, 232 eT EE ————————— ee ee OOOO ee ee ee ee eee OS ae gp Be INDEX Liquor Interests, Supreme Court decisions on, 516 Tariff and the, 194 Taxation, effect on, 571 Unlicensed saloons, 233 Washingtonian Movement and saloons, 23 Whisky frauds, 105 Whisky Trust, 204, 336 Literature (see Bibliography ) Literature of the Seventies, 120 Local Option, Chapter on, 355 Anti-Saloon League advocates of, 359, 307 Defects of, 359 Definition of, 356 Drunkenness arrests 367 Dry county survey under, 373 Dry states not having local op- tion, 369, 377 Early history of, 356 Georgia, history in, 370 High license and, 209 In cities, 376 Limitations of, 357, 358, 371 Liquor consumption under, 365 | Liquor interests entrenched in cities, 364 Maps misleading, 366 Obstacle to prohibition, 366 Saloons closed under, 374 Self-government claim of, 367 Smith, Gerrit on, 77 South, in the, 358 State prohibition postponed by, 366 Status, not step, 377 Step toward prohibition, was it?, 368 Temporary gains in, IOI Transportation and, 366 Unit covered by, the, 355 Wilderness period of reform, 379 under, 667 Louisiana, Shreveport dry by lo- cal option, 376 Maine, early legislation in, 29 Enforcement in, 223, 224, 319 Law of 1851, 31 Party policy in, 223 Pearson, Sheriff, 319 Prohibition in, history of, 143 Prohibition in politics, 40 Repeal of prohibitory laws, 68 Restrictive laws, 22 Return to license, 39 Temperance societies, 15 Votes, 143, 225, 435 Maine Temperance Society, 30 Maine Temperance Union, 30 Marginal vote, 96, 565 Marsh, John, 18, 25, 45 Maryland, dry counties in, 358 Dry counties increase, 375 First prohibitory bill, 33 Massachusetts, difficulties with law, 87 Fifteen Gallon Law, 21 First restrictive laws, 13 History of prohibitory law, 136 No-license cities decrease, 374 No-license in, 24 Platform of 1870, 84 Prohibition first favored, 19 Prohibition repealed, IOI Prohibitory laws in, 32 Refusal of licenses in, 16 Return to license, 39, 104 Seventies, in the, 109, 114 Shaw campaign in, 410 State ticket in 1870, 87 Submission, vote on, I41 Temperance societies in, 15 Vote on no-license, 355, 350 Mathew, Father, 120 Work of, 26 Merwin, Major, 36, 60 Medal contests, 170, 307 Metcalf, Henry B., 317 668 Methodist Episcopal Church, Attitude toward liquor traffic, 266 Central Pennsylvania Confer- ence, 274 Genesee Conference, 274 Moral aspect of license, on, 236 New England Conference, 272 New Jersey Conference, 271 Reactionary resolutions of, 274, 393 Rock River Conference, 272 Temperance, Prohibition and Public Morals, Board of, 275 Wyoming Conference, 273 _ Methodist Protestant Church, prohibition attitude, 271 Methods of solution: Constitutional amendment method, limitations of, 219 Dispensary, 293 High license, 228 Local option, 355 Omni-partisan plan, 370, 511 Michigan, amendment, failure of, 141 Anti-license in constitution, 136, 357 Beer and wine permitted, 39 County vote on state prohibi- tion, 378 Court decision on license, 235 Dickie vote in, 169 Dry counties, 374 Election frauds, 209 Licenses refused, 25 No-license in, 24, 358 Prohibition repealed, tor Prohibitory law in, 32 State party in, 65 State ticket in 1870, 87 Vote, 435, 436 Vote on saloons, 388 Minnesota, law declared un- constitutional, 39 PROHIBITION IN THE UNITED STATES Minnesota, “Out to Win” campaign, 332 Prohibitionists elected, 332 Prohibitory law in, 32 State ticket in, 87 Vote, 436, 438 Mississippi, local option in, 358 Period from local option to prohibition, 376 Prohibition postponed by local option, 366 Restrictive laws, 22 “Step” theory in, 372 Typical local option 379 Missouri, effect of local option, 374 Vote, 436, 438 Model License League, 342 Momitor-Journal, The, 150 state, Montana, prohibition in, 3773 433 Vote, 435 Moreau, New York, first tem- perance society organized in, 14 Mulct Law, 394 Nation, Mrs, Carry A., 321 National Committee, address of, 239 | National Dry Federation, 450, 453 National Enquirer, 415 National Legislative Conference, 450 National Liberator, The, 132 National Non-Partisan League, 385 National Prohibition (see Pro- hibition ) National Prohibition Act, 450 National Prohibition Alliance, II4 National Prohibition Bureau, 168 National Prohibition Cases, 543 INDEX National Prohibitionst, founding of, 335 Liquor interests try to silence, lugsee National Temperance Advocate, 62 National Temperance Conven- tions, 16, 17, 18, 26, 50, 60, 63, 70, 106, 276 The, National Temperance Council, 41I, 450 National Temperance Society, 62, 106, 386 National Temperance Society and Publication House, 60 Nebraska, amendment defeated, 241 Dry counties fluctuate, 375 Election frauds, 210 High license law, 228 Liquor funds used in, 204 Prohibition adopted by, 34 Return to license, 39 Saloons in, 233 Vote in, 435 Nevada, prohibition in, 377 Vote in, 435 New Hampshire, agitation for political action, 61 First prohibitory bill, 33 Local option in, 356 No-license in, 24 Prohibition adopted, 34 Prohibition supplanted by local option, 367 Restrictive laws, 22 Seventies, in the, 109 State ticket in 1870, 87 New Jersey, amendment, failure Of tat County option law, 172 Failure to pass prohibitory law, 357 First restrictive laws, 13 Fisk campaign, 171 Prohibition twice defeated by one vote, 34 669 New Jersey, Vote in, 135 WaC.ol, \Usipetitiongs172 New Mexico, percentage of pro- hibition vote in, 377 Vote, 435 Newspapers, Prohibition, 66, 122, 203, 335, 343, 428 Subsidized by liquor interests, 2r6 New Voice, The, 336 College department of, 343 New York, constitutional amend- ment proposed, 136 Enforcement Act repealed, 506 First prohibitory bill, 33 First temperance society or- ganized in, 14 Hopkins campaign, 1882, 134 Law declared unconstitutional, Liquor interests and Repub- licans in, 198 Local option in 1845, 357 Method of submission, 137 No-license in, 24 Party work in, 409 Political campaign on prohibi- tion issue, 43 Prohibitionists elected in, 331 Prohibitory law in, 34 Republicans and submission, 177 Seventies, in the, 109 State enforcement act, repeal of, 506 State party in, 83 State ticket in 1870, 87 Vote in 1873, 107 Warner Miller campaign, 180 New York City Temperance So- ciety, 16 New York State Temperance Society, 15 Non-Partisan!) WaiG EeiU yy 385 North Carolina, county vote for prohibition, 378 670 North Carolina, Political action recommended, 52 Prohibition obstructed by local option, 367, 370 Prohibitory law adopted, 302 Prohibitory statute defeated in 1881, 144 Vote, 435 North Dakota, liquor interests try to resubmit, 217 Prohibition adopted, 201 Vote, 435 Nullification, 507, 637 Ohio, amendment, prohibition, 141 Anti-license in 25, 137 Anti-Saloon League and local option in, 387 Centennial, 193 County vote for prohibition, Sh Onan | Court decision on license, 235 First anti-saloon law in, 33 First to have party ticket, 67 History, 388 Increase in vote in 1873, 107 Leonard campaign in, 168 License amendment in, 380 Liquor interests defeat public men, 345 Local no-license, 356 Local option, 373 Organization of state party, 51 Personal liberty defined by court, 587 Platform, 1887, 184 Prohibition newspapers in, 170 Scott Tax Law, 142 State convention in, 67, 239 State platform, 184 State ticket in 1870, 87 Statewide prohibition, 3090 Sunday closing repealed, 130 Vote in, 435, 436 Woman’s Crusade in, 117 history of constitution, PROHIBITION IN THE UNITED STATES Ohio Voters’ Union, 385 Oklahoma, statewide law in, 334 One Hundred Years of Tem- perance, 264 Omni-partisanism, 42, 380 Consequences of, 395 Plan, the, 390 Oregon, amendment submitted, 140 County vote for prohibition, 378 Dry counties under local op- tion, 373 Early law, 1844, 30 Party organized in, 148 Party work in, 406 State prohibition enforcement, 408 Vote, 435, 436 “Out to Win” campaigns, 232, 407 Parties, political, basis of syS- tem,’ 612 Government by, 621 Party, national, 2r4, 223 Party action necessary, 184, 208, 225, 226, 272, 275, 280, 342, 379; 514, 515, 606, 628, 639 Party agencies, 614 Party attitudes, 222 Party composition, 153, 221, 222, 282, 380, 399, 509, 512 Party responsibility, 399 Party straddle, 224, 400, 512, 630 Party system and liquor politics, 629 Party system inevitable, 612 Pauperism, decrease of, 480 Pearson, Sheriff Samuel F., 21Gae Peninsular Herald, 66, 99 Pennsylvania, advance in, 169 Agitation for political action, 61 Brooks high license law, 233 High license in, 209 Law against retail trade passed and repealed, 34 ee ee ee SS ee ee ee ee eee — = ce ie INDEX Pennsylvania, Liquor funds used in, 204 Local option in, 101, 357 Popular prohibition vote, 33 Prohibition vote in, 260 Prohibitionists elected in, 331 Seventies, in the, 109, 115 State ticket in, 87 Venango Plan, 331 People’s Party in Indiana, 46 People versus the Liquor Traffic, The, John B. Finch, 185 Permits, alcohol, 500 Perpetuationists vs. Prohibition- ists, 315 Personal liberty, 151, 586 “Petition” year, 21 Philippine Islands, liquor in the, 395 Phillips, Wendell, 83 Pitman, Judge Robert C., 87, 120,401, 302 Pivotal states, 565, 623, 639 Platforms, Party: 1869, 72 Te72y OL 1876, 110 1880, 124 1884, 158 1888, 190 1892, 207 1896, 257 1900, 311 1904, 328 1908, 337 IQI2, 350 1916, 417 1920, 458 1924, 404 Broad gauge versus issue, 255 Pledge-signing movements, I19 Political defection, 174, 574 Political system underlying pro- hibition, 508 Complexity of, 564, 610 Politics, The, Aristotle, 585 single 671 Populist Party, 252 Porto Rico, prohibition in, 440 Presbyterian Church, attitude to- ward prohibition, 264 Connection with Anti-Saloon League officially refused, 392 General Assembly, statements of, 205 Resolution on maps, 360 Resolutions of, 270 Scanlon, Dr. Charles, 337 Temperance, committee 265 Temperance Board, 275, 453 President, candidates for, 93, 98, The 0277155) 100, 250, 250, 316, 326, 351, 414, 462, 467, 560 Method of nomination, 634 Powers of, 626, 635 Primaries, 400, 623, 634 Prison statistics, 476 Prohibition, administration 1920- 1925, 472, 488, 495 Agitation for political action, C201 Agitation for state, 25 Alcohol’s deteriorating effects, 301 Amendments support, 242 Analysis of, 607 Answers to brewers’ challenge, 62 Assaults by liquor power, 216 Attorney-General, U. S., 403 Benefits of, 217, 474-488, 518- 582 Blessings, 37, 38 Blair constitutional ment, 179 “Bone Dry” laws, 440 Bootlegging, 218 Breweries under, 492 Brewers’ Association and, 57 local option on, without party amend- 672 Prohibition, Campaigns for war, 443 Characteristics of movement in the fifties, 37 Constitutional amendment cam- paigns, 135, 201, 242 Constitutional prohibition, rea- sons for, 594 Convictions, 504 Date of going into effect, 472, 473 Demand enlarged, 482 Denatured alcohol, 500 Drive against, the, 211 Drunkenness under high li- cense, 233 Early advocacy of, 19 Economic results, 481-486 Educational results, 486, 582 Eighties, the later, 184 Eighties, the middle, 166 Enforcement, offices for, 402, 608 Europe, representatives sent to, 343 Expenditure for drink di- verted, 484 Fifties, in the, 29 First legislative document fa- voring, 19 Fiscal results, 484 Foreshadowings of, 18 General movement, 1907, 344 Governmental measure, as, 607 Governmental system, and the American, 605 Harding’s vote on, 4o1 Harrison administration, 243 Hindered by dispensary sys- tem, 302 Hindered by local option, .367 Indiana court decisions, 334 Intercollegiate Prohibition As- sociation, 324 Kansas, 222 Labor and, 481-486 PROHIBITION IN THE UNITED STATES Prohibition, Limitations of amendment method, 219 Lincoln and, 35, 60 Liquor power, 546 Local option not a step to- ward, 368 Literature (see Bibliography) Literature of the seventies, 120 Maine, 319 Maladministration of law, 496, 597 Moral aspects, 486, 583 National, why, 590 National constitutional, 447 Nineties, in the, 238 Object of, 80 Party, organization of, 49, 65 Party attitudes, 222 Party government and, 621 Party issue, as a, 640 Permit system, 500 Personal liberty, 151, 586 Political parties in, states, 47 Political question, 84, 85 Political system underlying, 508 Politics of, the, in the fifties, 40 Principle of national, 575 Procession of the states, 31 Productivity increased, 482 Progress, I914-I919, 430 Progress of state, 31 Propaganda against, 217, 507, 637 Reasons for national, 576, 590 Reasons for state, 73, 76, 89, 124, 158 Recession, the, 39 Republican Party and, 45, 46, 148 Results of, 217, 474-488, 578- 582 St. John campaign in Kansas, 145 INDEX 673 Prohibition, Search and seizure, 491 Seventies, in the, 101 Social basis of, 580 South, in the, 345, 358 Sphere of the State, 584 Stages leading up to state, 26 Standard of living higher, 483 State, adoption of (table), 435 State constitutional amend- ment campaigns, 202 States, procession of the, 31 States dry, 1914-1919, 430 “Step” theory, 368 Straddling policy of old parties, 224 Supreme Court decisions on, 516 Tariff question exaggerated, 194 Treasury, Secretary of the, 402 War, 441 Webb-Kenyon Law, 365 Wilderness period of, 379 Wines, enforcement regarding, 593. Prohibition Alliance, 322 Prohibition Bombs, 168 Prohibition Home Protection Party;,.279 Prohibition Party, activity, 1917- 1925, 452 After 1872, 106 After 1876, 114 Agitation for party organiza- tion, 52 Alignment, 239 Alliances, 322 Auxiliary organizations, 323, 344 Balance of power of, 169 Basic principles of, 380 Beginning years, the, 82 Candidates, national, 93, III, 127, 155, 189, 250, 317, 326, 339, 351, 414, 462, 467 Prohibition Party, Chafin and Watkins cam- paigns, 331 Committees (See Committees ) Cooperation of W. C. T. U., 283 Early difficulties of, 82 Effect of Blaine defeat, 166 Eighties, the early, 123 Elections to legislatures, 254 Fiftieth Anniversary, 453 First ticket in Ohio, 67 Indiana, organization in, 148 Indianapolis Program, 406 Influence of, 174-183, 333, 446, National 454 Leaders, 334, 341, 342, 348 Lincoln Chautauquas, 332 Literature, 343 Minority party effect, 174 Name, change of, 132 National Campaigns (See Campaigns, National) National Chairmen (See Chair- men, National) National Committee (See Com- mittee, National) National Conventions (See Conventions, National) National constitutional amend- ment first advocated, 137 National prohibition, advocacy of, 447 Need for, (See Party Action) Nineties, in the, 238 Nominating convention, first, 88 Opposition organizations, 385 Organization of, 49 Organizing Convention, 68 “Out to Win” campaigns, 334, 407 Parades, 193 Pearson, Sheriff, 319 Personalities, 468 Philosophy of the, 639 674 Prohibition Party, Plank, striking, 98 Platforms (See Platforms, Party ) Press bureau of National Committee, 343 Reasons for, 49-66, 69-73, 75- 81, 84-86, 91, 123, 133-134, 146,152, TOT, 167) 185) 102, 203; 2282250226, 240)'253, 267, 270-275, 278-287, 31i, 317, 319, 321, 342, 379-383, 392, 399-401, 404, 509-515, 555-574, 605-641 Reorganization of, 131 Representative leaders, 246 Revival of activity, 304 Russell’s philosophy, John, 133 Service of, 239, 454 Shaw pledge, 411 South, in the, 167, 334 Split in, 259, 289, 382 State chairmen, leading, 306 State tickets in 1870, 87 State vote in 1914, 409 Union, need of, 185 Wellman’s description of 1908 convention, 338 West Virginia, history in, 347 Prohibition Union of Christian Men, 323 Prohibition Unit, 49s, 504 Prugh, Dr. B. E. P., 467 Randall, Charles H., campaign of, 409 Congressional record of, 446 Raster Resolution, The, 96 Ratification of Eighteenth Amendment (table), 451 Reed Amendment, 394, 441 Referendum in adoption, 420, 434, 624 Regan, Frank S., 260, 571 Reminiscences, Neal Dow, 40 Repeals of prohibition, 39, 43, 87, 107, 108, 211, 213, 215 PROHIBITION IN THE UNITED STATES Republican Party, anti-saloon movement in, 194 Arraigned, 124, 158, 249 Attitude toward prohibition, 222 Boutelle Resolution, 195 Committed to regulation, 143 Deal with liquor interests in New York, 198 Indiana, in, 149 Iowa, pressure of national party, 214 Kansas, 148, 222 Leaders in pay of liquor in- terests, 206, 207 Mulct Law, 214 National pressure, 214, 223 New Jersey, in, 172 New York Democrat, 197 New York in 1884, 164 Platforms, Prohibition effect on, 175 | Prohibition and _ the, 45, 46, 148 | Prohibition efforts in Rhode Island, 212 Prohibition in Iowa, 213 Raster Resolution, The, 96 Recession of prohibition caused by, 47 Repeal of prohibitory laws, 226 Repression of prohibition, 208 W. C. T. U. Memorial, 147 Wet vote, cater to, 97, 104, 39 Rhode Island, amendment, method of passing, 141 Constitutional amendment in, 144 Constitutional prohibition re- pealed, 211 Law repealed, 39 Liquor corruption, 209 Liquor funds used in, 204 Prohibitory laws in, 32, IOI Restrictive laws, 22 INDEX Rhode Island, Return to license, 104 Seventies, in the, 114 Vote on license in, 356 Ross, Dr. William, 71 Rush, Dr. Benjamin, 13, 14 Russell, John, 59, 64, 66, 68, 71, SSreO4, (99; 108, 133) \"1's2, 188, 635 Message of, 342 Philosophy of, 65, 133, 152; 635 St. John, John P., 137, 143, 188, 246, 514 Candidate for president, 155 Gubernatorial campaign of, 145 Joins Prohibition party, 147 Political persecution of, 16 Presidential campaign of, 161 Saloons (see Liquor Interests) Science of Politics, The, Walter Thomas Mills, 384 Scientific Temperance Instruc- tion, 178 Scott, Rev. Samuel, first Pro- hibition party candidate for Governor, 68 Six Sermons on Intemperance, Rev. Lyman Beecher, 15, 18 Sixty, Committee of, on Na- tional Prohibition, 412 Officers of, 413 Pledge of, 412 Smith, Gerrit, 71, 75, 83 Smith, Gen. Green Clay, III Sobieski, Col. John, 71 Societies, Temperance: American Temperance, 15 American Temperance Union, 18 Congressional Temperance, 17 Early, 15 First, organization of, 14 Independent Order of Good Templars, 61 Maine Temperance, 30 675 Societies, Maine Temperance Union, 30 Membership in early, 15 New York City Temperance, 16 New York State Temperance, 15 Pledge-signing movements, T19 Reports, annual, 15, 16 Resolutions for political ac- tion, 60 Revival of, 60 Sons of Temperance, 23 Suppression of Intemperance, for the, 15 Temple of Honor, 65 Total abstinence adopted by, 17, 18 Woman’s Christian Temper- ance Union, 116 | Woman’s Crusade, 116 Society for the Suppression of Intemperance, 15 Sons of Temperance, 23, 25, 119 Membership of, 61 South Carolina, prohibitory vote in, 293 State dispensary system first operated in, 293 State prohibition adopted, 302 Vote on prohibition in, 431, 435 South Dakota, constitutional pro- hibition repealed, 215 Dispensary system in, 302 Plebiscite on prohibition in, 144 Vote in, 435 Southern Baptist Church Con- vention declaration, 268 State, sphere of the, 584 State Prohibition (see Prohibi- tion ) “Step” theory, 368-372, 393 Stewart, Gideon T., 88, 90, 107, II0, 112, 133, 154, 155 Stewart, Oliver W., 306, 326, 339, 423, 504 676 “Strengthen America” campaign, 7 ites on National Prohibition, D. Leigh Colvin, 598 “Sumptuary Laws,” 80, 252 Supreme Court, United States, Compensation question, 523 Constitutionality of prohibi- tion established, 519 Decisions, groups of, 516, 517 Decisions, later, 536 Interstate Commerce 531 License cases of 1847, 518 License decisions, 235 National prohibition cases, cases, 543 Personal liberty defined, 586 Prohibition and, 516 Swallow, Dr. Silas C., 326 Taxation, Cooley, 235 Teeter-board, 556, 566 Temperance, activity in the sev- enties, 116 Basis of, reform, 17 Development of state prohibi- tion, 29 Karly literature on, 18 Early movement for, 13 Presidents, and the, 13, 14 Washingtonian Movement, 23 (See Prohibition) Temperance Almanac, 18 Temperance Journal, 108 Temperance Recollections, John Marsh, 25, 45 Tennessee, local prohibition, his- tory of, 363 Local prohibition unique in, 369 Prohibitory law adopted, 302 Restrictive laws, 22 Schools and saloons, 363 State convention, 241 Statewide law in, 334 Texas, local option in, 375 PROHIBITION IN THE UNITED STATES Texas, Period from local option to _ prohibition, 377 Prohibition defeated by local option, 367 Vote in, 169 Thermopyle of reform, 253 Thomas, John Lloyd, 242, 246, 380 Thompson, Mrs. E. J., 117 Thompson, Dr. HA 2k ee, 188 Transportation of liquor, 16 Union Prohibitory League of Pennsylvania, 385 United Brethren Church, Gen- eral Conference, 275 Opposition to liquor traffic, 275 United Committee for War Tem- perance Activities in the Army and Navy, 453 United States Brewers’ Associa- tion, beer tax, imposition of, 203 Congresses of, 56, 98, 103, 180, 551 Funds, political, 204 Haddock murder, 171 Organization of, 55 Political activity of, 57, 98, 103, 104 Political objects of, 56 South Dakota campaign against prohibition, 215 Utah, prohibition in, 433 Prohibition vote in, 377, 435 Vermont, no-license in, 24 Prohibition lost in, 437, 438 ea a laws in, 32 ote 1n, 437, 4 Vibbert, Rev. Cee first state _ legislator elected, 87 Vice-president, candidates for, 94, I12, 128, 157; 189, 251, INDEX 258, 317, 328, 351, 416, 462, 467 Virginia, basis of “step” theory, 370 County vote for prohibition, a7 Local option in, 374 Method of obtaining prohibi- tion, 430 Period from local option to prohibition, 377 Process for reaching prohibi- tion, 372, 430 Vote in, 435 Voice, The, 238, 496 First. editorial of, 62 Funds raised by, 194, 210 Line of battle of, 167 Liquor investigation in Penn- sylvania, 204 Mailing list stolen, 197 On amendments, 242 On party influence, 182 Ownership, new, 260 (see The New Voice) Volstead Act, 450 Volstead Law, provisions of, 490 Vote, beer and wine, on, 438 Early eighties, 134 Eighteenth Amendment, on, 448 Finch’s announcement on, John B., 164 In 1874, 108 In 1886, 169 Increase in 1881, 130 Losses in 1908, 341 Marginal, 565 Presidential, first, 100 State, in I9I4, 409, 424 State prohibition, on, 435, 438 Upholding, on _ prohibition (table), 436 Wages, effect of liquor on, 578- 580 677 Wages, Effect of prohibition on, 483- 486 War Prohibition, 441 Agricultural Bill, 445 Campaigns for, 443 “Dry” zones, 446 Effect, date of going into, 450 Passage of, 445 War Restrictions, 472 Washington, decrease in counties, 374 Votes on liquor propositions, 435, 436 Washington, George, on effects of liquor, 14 Washington Court House, Ohio, crusade in, I17 Washingtonian Movement, The, 23 Effect on local option legisla tion, 356 Watkins aroniao.g tare AG: 351, 457, 402 Wesleyan Methodist Church, prohibition attitude, 271 Webb-Kenyon Act, 365, 440 Decisions upholding, 440 West Virginia, county vote for prohibition, 370, 378 Leaders, national, work in, 347 No-license in, 358 Prohibition in, history of, 347 Statewide prohibition vote in, dry 435 Whisky Frauds, 105 Whisky Rebellion, suppression of, 14 Whisky Trust, 204, 336 Willard, Frances (4 118, #132, E33 TAS TAG TOL LOO LO, 188, 447, 514 Addresses of, 276 Death of, 260, 290 “Gospel Politics,’ 280 National president W. C. Te Ue e276 678 Willard, Frances E., “New Politics, The,” 285 Political messages of, 276 W..C. T. U. Memorial, 146, 154 Wine, capital invested, 546 Consumption of, 548 Wisconsin, civil damage act, first, 25 Constitutional amendment de- feated, 130 Convention call issued, 131 Failure of first prohibitory law, 32, 34 No-license in, 24 Submission petitioned for, 141 Vote in, 135 Woman’s Christian Temperance Union, I16, 132, 170 Conventions, 276, 277, 280, 282, 289 : Cooperation with Prohibition party, 283 Lake Bluff Convocation, 279 Lathrap, Mrs. Mary T., 282 Membership, 288 Memorial of, 146, 154 Moral uprising in Georgia, 371 New Jersey petition, 172 PROHIBITION IN THE UNITED STATES Woman’s Christian Temperance Union, Non-partisan W. C. T. U. or- ganized, 288 Resolutions, 280, 285, 287, 289 Service of, 291 Temperance instruction laws, 178 Willard’s messages, Miss, 276 Woman’s Crusade, The, 105, 116, 142, 276 Woman’s Prohibition Club of America, 344 Woman Suffrage, 90, 127, 628 Woolley, John G., 273, 316 Addresses of, 274 Apostasy of, 336 World Prohibition Federation, 343 Officers of, 344 World Temperance Convention, 39 Wyoming, percentage of vote IN, 377 Prohibition in, 377 Vote in, 435 Young People’s Prohibition League, 323 Zurcher, Father George, 269 y ¢ fr; iP end ren ae a aD fy ny it x Sa RT Te eal ae ee ae Ci ity AVNET Ae SOUS Cod ta otc F vy bar y 4 i are ; ts WV hy ae, Rh: ‘Mt ’ Af Pi , j ‘ie a iy t : 7 ay ‘ a Vf,’ wy uF i . ry vo aa ee pe ; i wee as ee cp a) iach A) i WA ey N fe: eo } ~ 3 it _ Part» fm, | i ! ’ y \ i } ; OMe as 7 ley \ eat Ain ihe : Wily) a wi 3 ' ' whey b, yet j : Ve hae int PO aan ; : athe ean y : { ‘ . 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