PWN 601995 ee | a LaLag ig aL SEW“ £ Divisi. A VQ Nection - BB 4 fh Digitized by the Internet Archive In 2022 with funding from Princeton Theological Seminary Library httos://archive.org/details/selectedarticlesOObema_1 Ginn PAL ING Dy DeOnOuhae Sela ee! S PROHIBITION MODIFICATION OF THE VOLSTEAD LAW THE HANDBOOK SERIES AGRICULTURAL CREDIT AG AMERICANIZATION, 2d ed....... 1.80 CLOSED SHOP, 2d edoececccccon.. 2.00 DEBATERS’ MANUAL................. 1.50 DAR AMEN PCE MS LU NTIS CAcENans OWNERSHIP OF ‘COAL MINES i) ame 2.40 INDUSTRIAL RELATIONS EMPLOYM’T MANAGEM’T... 2.40 MODERN INDUSTRIAL MOVEMENTS 2.40 PROBLEMS OF LABOR........... 2.40 MUNICIPAL GOVERNMENT... 2.40 NEGRO} PROBLEM 0c ue PRISONURERORMi2 ee 125 PROHIBITION ek ee ee) SHORT DALLO TI eee 125 SOCIALISM Me NA cee MOA OS La 1.25 STUDY OF LATIN AND GREEK 1.80 LDA XA TION neal Wanner THE HANDBOOK SERLES SELECTED ARTICLES ON PROHIBITION MODIFICATION OF THE VOLSTEAD LAW COMPILED BY LAMAR T. BEMAN, A.M., LL.B. Attorney at Law, Cleveland, O. NEW YORK THE H. W. WILSON COMPANY 1924 Published December, 1924 Printed im United States of America To the memory of Dr. Benjamin Rush, signer of the Declaration of Independence, physician, patriot, and moral pioneer, who saw clearly and fought cour- ageously the three great abuses of his time,—the mis- government of the mother country, the devastation and misery wrought by the abuse of ardent spirits, and the de-education produced by the general study of the dead languages, this volume is inscribed. Nad) , Ay ’ wat ee , wa q P EXPLANATORY NOTE National prohibition has now been in effect for over four years. The results of its operation have been ac- corded the highest praise by its advocates and supporters, and the most severe condemnation by its opponents. It is interesting to observe how people, with a few excep- tions, will watch the workings of a new law that makes a great national experiment and see the results as wholly beneficial or entirely harmful according to their pre- conceived opinions. Most people will first consider where their personal or financial interest lies, then shape their opinions and arguments on great national issues so as to support their interests, and finally in the operation of a new law be able to see only such results as they want to see, such as conform to their preconceived notions. Even were the issue not befogged by propaganda, four years would be entirely too short a time to be the basis of a conclusion as to the benefits of national pro- hibition. This difficulty has been increased by a constant barrage of propaganda. On both sides of the question the forces are highly organized and have spent large sums of money for publicity purposes, publishing hun- dreds of pamphlets and leaflets, as well as a considerable number of books, using newspaper advertising exten- sively, often getting their prepared material into the news and editorial columns, and publishing their own papers and periodicals, until the reading public has been deluged with ex-parte statements that make no effort to give the whole truth. ‘Propaganda of all sorts,” says Dr. Raymond Pearl of Johns Hopkins University, “in the very essence of its nature, can have no necessary re- lation to truth. Equally it is bound to be actively opposed to any truth which does not fit into and accord with the Vili SELECTED ARTICLES | particular ends toward which it may at any given moment be working.” + So much of what has been said and written concern- ing national prohibition is neither scientific nor accurate that the impartial investigator finds it difficult to form an estimate of the results so far achieved. This flood of propaganda has unfortunately been accompanied by a recent dearth of fair unbiased discussion so that it is now difficult to get information, printed within the last four years, that is adequate or reliable. This condition makes it necessary for the present volume to reprint more of the propaganda on both sides than would otherwise be done and it is done with this admonition. Through all of the propaganda run arguments that throw little light on the phases of the question in which the disinterested student is most concerned. Again and again the statements that prohibition is not being en- forced, that drinking has actually increased since the adop- tion of the Volstead law, that many of our best citizens, (meaning thereby people of wealth and social standing) violate the law regularly and without any hesitation or scruples, and that beer is not an intoxicating liquor, are made and denied, “proved” and “disproved.” In the maze of such statements we are apt to lose sight of the fact that in national prohibition our country is trying out one of the greatest and most far-reaching legislative experiments that any portion of the human race has ever undertaken. The adherence to preconceived notions, the propaganda of financially interested parties, and the low- grade humor of a certain class of newspapers and the- aters must not be permitted to cloud the vision of the person who is honest and unselfish in his exercise of his duties of citizenship. What should occupy our attention is a calm and careful study of the facts so far as they are available in an effort to determine what have been the results of the national prohibition act upon public health, poverty, crime, wages, divorce, insanity, earning-power, 1 From American Mercury. 1: 215. February, 10924. PROHIBITION ix industrial accidents, politics, social relations, and the wel- fare, happiness, and contentment of the people. Subject to the limitations imposed by these conditions, the present volume attempts to deal with the results of national prohibition. It has been compiled in accordance with the plan of the Handbook Series, including de- bater’s brief on each side, a bibliography chiefly of the more recent literature on the question, and reprints of the best available material on both sides. LAMAR T. BEMAN March 1, 1924 ah Hah CONTENTS EXPLANATORY CO INOTE dee isin eles PUAN Uae Ca Vii PEPRER RS re cera a ot a8 En RN nen een i Uianer bane Xill IST BIIOGRA BEV eo oO NDE A he eaten” x]111 GENERAL DISCUSSION I PHySsIOLOGICAL RESULTS OF ALCOHOL BACs MEADOULTAICODOLL SLOWALt rece tcite totes are re aati mera 3 Pirectsnorm AIcOhOLaColetriats.. wereld veiled waite Mie aac age 5 PICOMOLP AN CAIN ULTITION MELA lise whi tare tia ieiculacleelaoe ace stetebeta ec taials a PVICONOMANGU HOO, Giicl Ald pasion marine crn anaih ele alia ta uaa Nene 7 Micoholandn insanity. WHO yi Or at sa icn tic a ciesicle et gules 6 9 PCOhnO Mana uration) OLVlAtemer carne ween wate ei tD aie a's 10 BS PHS PER CETOLS Vat win soit wis eneTotig ale oie wale MUSPane EIA Ets CHC UeL nat me Rata En 15 II Economic Rresutts oF ALCOHOL Obsolete in Modern Industry, Cherrington ............... 21 Economic Results in Russia, Bicknell ..............0..0000- 27 PeEde tis EXCEL US aie sorts Ri oe Ree oie Urahg oi gue er grata III PotitricaL RESULTs oF ALCOHOL RUTHER EDELIONSALVWHIECICE it cin ciara leltcrs cla ta siere stelol as aha sislate eaters 33 INGA NeT OV SHE CWELE dics Win ale a pe etree emcee year sree 43 EIC IME SCOL DTG al Nee nics iin whe die ln iate ee aoa eit aaigtetel ons Lacie leanne 45 IV SocraL Resutts oF ALCOHOL Monarchy of All pVaCcesswonerinan’: slo. ss Gather etraleciidetes efale 53 iwO te AMV ilalnies;) LN@ersOlli ys cte..% 4's sielesete apeiorelalsis sists ole's 54 five: Greate estroyer,: LLODSOM aie ia aleiel eld « «wie oleanemels cielewides 50 Perlate theuliggond L rate weLAanley)chis a ost serene cater aiat ss 73 BIC HIS KCENDEG Ra ie etalciioleraie: seca tetahe srolaleeaic ss ¢'a; uebenmmnlanate ay alle’ s'Grs lala 74 V Tue PROHIBITION MOVEMENT Fistoricalpotatements Bema iin: waited claw ateeetaeealeleinaty 85 WitlestOneshOLsETOSTESS, | HEMAIE soe units (eed Wiasetbiarbaiale ehoteldl vies BTiS EAEEXCELP USK retro ek oak els levete whalste sia ere ouctetetere le teier atin a 108 Xi CONTENTS VI Tue Law oF PROHIBITION The Eighteenth: Amendments. yiasceeaciee ae ae eee 109 The: Volstead "ACE ips sitaleteie\ ain oo. 3h eee cieid 6 ern ate ereraa anna ate ane 109 The: Anti-beer. Daws 0. uae Sarin Geet eee ee ee II5 VII ENFORCEMENT OF NATIONAL PROHIBITION Under’ the: Spoils ‘System, Poulke: 0.00. 2-00... en ae oe 117 Obstacles ‘to Enforcement; (Oakley ...2 fa ...2.50 0s eee 122 The’ Power of Moneys Walnut (3. 3. 20s cece «is cen ee 129 “Prohibition Inside Out,”) Foulke) 0.2 0}y. (220. onc eee 131 Wet Around ‘the’ Edges,” O'Donnell 2752-2. oc eee 138 How. Wet is Pennsylvania’... te. ccegenee oo ae ier 140 Brief Excerpts oie eciie bes 8 sate siele ole ete lel tava. ake ne neernn 150 AFFIRMATIVE DISCUSSION Prohibition’s , Results, | Fish. oy ts dunic os oes erate oles eee 159 Making ‘for JLawlessness, |) Butler ac 2o itis. os ent ae 173 Vicious Effects of ‘Enforcement, Act, Pox... sais sate 178 Some /Evils .of/ Volsteadismm,) Staytan..ie eieagie cme ere 186 Why: Does It: Not: Prohibit? Hubbards cscceee eee ee 199 Prohibition Arguments Answered, Fox’). Ja... sss. seule cee 211 A® New Principle, -Butlers 720 retin ese: oc eee ee 219 Back:of the Dry Screenery,'Aldéniwcviusue. soon ty ee eee 221 Declaration and Labor i/o hPa ee eae cts eet lee Seale ee 243 Prohibition’ Battle: Line oo. Oo ee en 244 Quebec ‘Control System)... Sek eee eect ware are cence ne 245 Prohibition Is Now a Moral Issue, Butler ................ 246 Brief) Excerpts’. foe cOs er oes es vane ae Gow eaieisle ae 255 NEGATIVE DISCUSSION Prohibition’s (Gift, - Wheeler... 00. c0ens oe se ane een 267 The. Worker’s Friend, Gary. is 030s. 06 Up css eee bee 268 Prohibition Has Made Good, Hutchinson ............-eee. 271 Gain in, Order and Health, ;Gemmill (iia as ee an eee 283 Hour Years of Prohibition, Wheeler! 2.12. s2-=. ces 6s eee 292 Experience with Wine and Beer, Hobart ............-00.:- 303 Effect; on Family, Welfare, ..... i.c\U nae Bemienee eee ae 304 WetiDrive and Labor, Jones...) acco eee ae eee 306 Beer, ‘Wine,; and Drunkenness, Wiley iia. ¢< ues denen 310 Is)Beer ‘Intoxicatingn jWiley) . 90:0. cass nae ee eee eee giz a Beer the Brutalizer, ‘Bowers ...3. 2.0. Cone eset sete aun 317 Massachusetts’ Experience with Beer, Stoddard............ 322 Economic ;Benehts, ‘Russell. oc. oe ea eee 332 An Earlier View, Dunn) 323. voces obs k oddone aa ee 335 Prohibition, and Crime, McIntosh 22. 00% (sacle ee ee 352 BrIeLV i xCermtsy, cet wns + PAR Aho oly where alot eres . 16, ’22))Wets and: drys speak out in meeting. Literary Digest. 75: 8-9. O. 28, 22. Massachusetts under prohibition. liv SELEGUEDVARIIELES Outlook. 135:406-8. N. 7, ’23. A moonshiner on pro- hibition. Francis Pridemore. Outlook. 136: 378-9. Mr. 5, ’24. Vicissitudes of boot- leggers: Prohibition enforcement in Chicago. (edi- torials ) Outlook (London). 51:112-13. F. 10, ’23. Prohibition in America. C. W. Saleeby. Proceedings of the National Academy of Sciences. 1: 605-8. D. 15, ’15. Neuro-muscular effects of mod- erate doses of alcohol. Raymond Dodge and Francis G. Benedict. Proceedings of the National Academy of Sciences. 2: 380-4. Jl. 15, ’16. The effect of parental alcoholism upon the progeny in the domestic fowl. Raymond Pearl. Proceedings of the National Academy of Sciences. 2: 675-83. D. 15, ’16. Some effects of the continued administration of alcohol to the domestic fowl, with special reference to the progeny. Raymond Pearl. Review of Reviews. 65:607-15. Je. ’22. Three years of prohibition: success or failure. Judson C. Welliver. Review of Reviews. 67: 605-14. Je. ’23. The rum smug- glers: piracy, maritime bootlegging, and hyjacking. Judson C. Welliver. Review of Reviews. 68: 408-10. O. ’23. Eighteenth amendment as it stands today. W. R. Boyd. Saturday Evening Post. 193:14-15, 177-8. Ag. 28, ’20. The bootleggers. Hilton H. Railey. saturday Evening Post’ (1103%/3-4; 40-57...) sa) Dame What’s the Constitution between booze? Samuel G. Blythe. Saturday Evening Post. 193: 8-9, 86, 89. Ap. 9, ’21. A prohibition drunkard’s wife. Saturday Evening Post. 194: 6-7, 105-6, 109. Mr. 4, ’22. Booze complex. Samuel G. Blythe. Saturday Evening Post. 195: 61-6. O. 14, ’22. The hotel under prohibition. James H. Collins. PROHIBITION lv Saturday Evening Post. 195:130. Mr. 10, ’23. Effects of prohibition on miners. Albert W. Atwood. paturdayelLvenine! Post. 9105258, 61-2. -Je.co, °23) ‘The great white way amended. James H. Collins. Saturday Evening Post. 196: 46-8. F. 9, ’24. Politicians and prohibition. Fred F. Sully. Survey. 48:12-13. Ap. I, ’22. The indictment of the state prohibition director of Pennsylvania. PUnVey, 40° 205-O). 3344500 be 22) Che struggle for prohibition. | Survey. 49:366-7. D. 15, ’22. Stamping out the wine congregations. Rudolph I. Coffee. Survey. 49: 421-5. Ja. 1, ’23. The struggle for prohi- bition. Survey. 49:586-9, 602-3. F. 1, ’23. The struggle for prohibition. murvey. 50:40-3, Ap. 1; “23. The struggle’ for prohi- bition. Sitiveyi5o: OO, Ap. 15.23. Lhe bar and’ brewers. Survey. 50:299-300. Je. 1, ’23. Politics in prohibition enforcement. Miteraneutics(aazette..14500, bev2T, ' ihe ebb and flow inthe tide of sharmitul indulsénce, “L,-S. Blair: +World’s Work. 41: 512-16. Mr. ’21, One year of pro- hibition. George MacAdam. World’s Work. 46:576-7. O. ’23. Revelations of a prohibition commissioner. AFFIRMATIVE REFERENCES Books AND PAMPHLETS *Anheuser-Busch, Incorporated. A report on the Que- bec beer and wine system with particular respect to its effects on temperance. 19p. St. Louis. 1923. *Butler, Nicholas M. Law and lawlessness—address be- fore the Ohio state bar association. 16p. Tracts for Today. 1923. lvi SELECTEDTARTICLES Butler, Nicholas M. Prohibition is now a moral issue. —Address before Missouri Society. 9p. 1924. Cadwallader, F. I. The farce of Federal prohibition. 53p. IQ19Q. Chesterton, G. K. What I saw in America. Dodd, Mead. 1922. p. 141-57. Prohibition in fact and fancy. Fox, Austen G. et al. Double enforcement of the Eigh- teenth amendment and what it means. 52p. Modera- tion League. 1923. *Fox, Hugh F. Address at the London conference of the International league against prohibition. 1923. 7Franklin, Fabian. What prohibition has done to Amer- iga,, Elarcourt; braces 1022. Hartmann, M. J. E. Prohibition and its consequences to American liberty. Anti-Prohibition League of Missouri. 1923. Hennessy, Francis X. Citizen or subject. Dutton. 1923. Higgins, Charles M. Unalienable rights and prohibition wrongs. 22p. Brooklyn. 1919. Horst, E. Clemens. Plenty causes for complaint: four articles relative to the Volstead act. 32p. San Fran- cisco. 1923. Macartney, Clarence E. Two years of prohibition in Philadelphia. 15p. Wilbur Hauf. Mitchell, Augustus J. Address upon retiring as presi- dent of the Essex county (N.J.) Medical Society. 3p. Loos: Reid, Sir Archdall. The prohibition fallacy. 18p. Wes- minster Press. London. 1923. yStarling, Ernest H. The action of alcohol on man. Longmans, Green. 1923. Stokes, E. C. Back to the Constitution and the fulfill- ment of the law. tap. Irenton,../23: The Eighteenth amendment an infringement of lib- ibe TES ony eambeclé PuaialseOie tueeAmerican Academyint 100. 40°51. 5, 23. What’s wrong with the Eighteenth amendment? Fa- bian Franklin. Annals of the American Academy. 109: 52-61. S. ’23. Inherent frailties of prohibition. John Koren. Annals of the American Academy. 109:62-6. S. ’23. State rights and prohibition. Henry W. Jessup. yAnnals of the American Academy. 109: 67-84. S. ’23. The non-effectiveness of the Volstead act. Walter E. Edge. Annals of the American Academy. 109: 137-44. S. ’23. The consumption of alcoholic beverages. Hugh F. Fox. Atlantic Monthly. 127: 524-8. Ap. ’21. Relative values in prohibition, Louis Graves. lvili SELECTEDMARITICLES Atlantic Monthly. 132: 433-8. O. ’23. Whiat shall we do about it? John C. Haywood. Congressional Record. 55: 5586-7. Jl. 31, 17. The pro- hibition amendment. Henry Cabot Lodge. Congressional Record. 61: 3146-51. Je. 28, ’21.. Enforce- ment of prohibition laws. Edwin S. Broussard. +Congressional Record. 64:1843-7. Ja. 16, ’23. Prohi- bition does not and cannot prohibit. W. Bourke Cochran. Consensus. 8:5-17. Ap. ’23. Prohibition. Alexander Whiteside. Consensus. 8:30-5. Ap. ’23. Prohibition. Ransom H. Gillett. *Current History. 16:377-85. Je. ’22. Prohibition’s re- sults. Stuyvesant Fish. Current History.) 17748-54' ©), yee esi prontoiio nee failure? Ransom H. Gillett. Current History. 17: 665-8. Ja. ’23. Is the Volstead act a failure? Edward I. Edwards. Forum. 67:522-32. Je. ’22. An anti-prohibition ode. William Bullock. Freeman. 7: 412. (| 11,23) Initherdry places: Freeman. 8:54-5. S. 26, ’23. Anarchy-breeders. Freeman.” 8: 150-1.'O. 24, 23°) The prices ofaw hist Freeman. 8: 390-1. Ja. 2, ’24.. The soft-drinks mind. Health. 4:18-24. Ja. ’24. Health and morals vs the Volstead act, UDr ous anawliubbard: Independent. 108: 576-7. Jl. 8, ’22. The havoc of pro- hibition. Fabian Franklin. Literary Digest. 64: 50-2. Ja. 17, ’20. Adventures of a British investigator in “dry” New York. Literary Digest. 70:31. S.17,’21. The “Gloomy Dean” hits teetotal fanaticism. jliterary Digest,, .71¢q2-13...0. 15, 721, -Porosityson prohibition. Literary Digest. 71: 28-9. D. 17, ’21. Prohibition under the fire of ridicule. PROHIBITION lix Literary Digest. 73:32-3. Ap. 22, ’22. Genius and drink. New Republic. 31:61. Je. 14, ’22. Daugherty’s address before Illinois bar association. New Republic. 32: 59-60. S. 13, ’22. The enforcement of prohibition. New Republic. 32: 185-7. O. 18, ’22. Enforcement of prohibition. New Republic. 32: 292-3. N. 15, 22. The enforcement of prohibition. New Republic. 36: 134-6. S. 26, ’23. Fractions, beer, and temperance. Hugh F. Fox. *New York Medical Journal and Medical Record. 118: 108-11. Jl. 18, ’23. Why does not prohibition pro- hibit? S. Dana Hubbard. New York State Journal of Medicine. 19: 240-6. Je. ’19. Beer with an alcoholic content of 2.75 per cent is not an intoxicating beverage. George W. Whiteside. Nineteenth Century. 95: 306-14. F. ’24. Alcohol and meat.: L. F. Easterbrook. bfostheimerican Review, 215: 733-6. Je, 22. Prohibi- tion and principle. John C. McKim. North American Review. 216: 481-8. O.’23. Principles underlying prohibition. John C. McKim. North American Review. 219:145-59. F. ’24. The pro- hibition tangle. John Erskine. Outlook. 133:886-7. My. 16, ’23. The pharisees of al- cohol. Henry W. Jessup. Outlook. 136: 107-9. Ja. 16, ’24. Drink and the tyranny of dogma. John J. Chapman. SPopulamelinance, “1-6-1. 5.23.) Back! of the dry screenery. Robert Alden. Survey e402 12T.5 Oi 5, 022°) Prohibition im California. Hugh F. Fox. Texas State Journal of Medicine. 16: 305-7. N. ’20. Prohibition and the practice of medicine. Dr. Alex. W. Acheson. Ix SELECTED ARIMGLES Weekly Review. 1: 697. D. 27, 719. Rhode Island’s pro- TESE Weekly Review. 3:519-20. D. 1, ’20. Future of prohi- bition. Weekly Review. 4: 505. My. 28, ’21. An anti-prohibition movement. ORGANIZATIONS ADVOCATING MODIFICATION OR REPEAL OF PROHIBITION A dagger ({) indicates the ones from whom pamphlets or other infor- mation may be obtained. Anti-Prohibition League of Missouri, 1400 Euclid Ave., SuRILOUls a LO, +Association Against the Prohibition Amendment, Na- tional headquarters, 511 Eleventh St. N.W., Washing- ton, D.C. William H. Slayton, National Managing Vice-President; G. C. Hinckley, National Secretary and Treasurer. Branches and branch offices in many states and larger cities. Manufacturers’ and Dealers’ League of the City and State of New York. +Moderation League, 56 West 45th St., New York City. +National Camp of the Veterans of Liberty, 17 N. La sallesSt., Chicago, Ill. Robert. [. Halle secretara National German-American Alliance, 419 Walnut St., Philadelphia, Pa. +United States Brewers’ Association, 50 Union Square, New York City. Hugh F. Fox, secretary. PERIODICALS ADVOCATING MODIFICATION OR REPEAL OF PROHIBITION Bulletin U.S. Brewers’ Association, 50 Union Square, New York City. Hugh F. Fox, editor. Bulletin of the Association Against the Prohibition Amendment. 511 Eleventh St., N.W. Washington, 12) PROHIBITION Ixi Champion of Fair Play. (weekly). 17 N. La Salle St., Chicago, Ill. Robert J. Halle, President. The Minute Man. (monthly). New Jersey Division of the Association Against the Prohibition Amendment. William L. Fish, editor. 36 Park Place, Newark, INI: National Bottlers’ Gazette. (monthly). 99 Nassau St., New York City. W. B. Keller, editor. Sips. (monthly). Consumers Products Co., 148 Flushing Ave., Brooklyn, New York City. James M. Baumohl, editor. NEGATIVE REFERENCES Books AND PAMPHLETS Anti-Saloon League. National prohibition enforcement manual, 32p. American Issue Pub. Co. 1922. y+Anti-Saloon League. Year Book (annual). American Issue Pub. Co. Westerville, O. Cherrington, Ernest H. A cloud of witnesses. 64p. American Issue Pub. Co. 1923. Cherrington, Ernest H. Permanent American prohibi- tion assured. 16p. World League Against Alcohol- jn) 1eeey Cherrington, Ernest H. What became of the distilleries, breweries, and saloons in the United States. 15p. World League Against Alcoholism. 1921. Corradini. Robert E. The record of 100 American cities : arrests for drunkenness and arrests for all causes before and after national prohibition. 7p. World League Against Alcoholism. 1923. Farnam, Henry W. Confessions of a _ prohibitionist. Connecticut Federation of Churches. 24p. 1922. Fisher, Irving and Fisk, Eugene L. How to live. Funk & Wagnalls. 1916. p. 64-8. Poisons from without. Pp. 227-49. Notes on alcohol. Ixii SELECTED VARTICLES +Gemmell, William N. Prohibition in Chicago. 5p. American Issue Pub. Co. 1923. +Gordon, C. M. and Gordon, Gifford. 35,000 miles of prohibition. A study of North American prohibi- tion. Victorian Anti-Liquor League. Melbourne, Aus- tralia. 1923. +Gordon, Gifford. Hold fast America. World League against Alcoholism. 1921. Larimore, J. H. Prohibition and the farmer. 31p. Ameri- CAnmISSICR UD AGO. O22; Legal Department of the Anti-Saloon League. Prohi- bition and its enforcement. 36p. American Issue Pub. CO 022) National Conference of Social Work. 1919 Proceedings. p. 763-4. Prohibition and its social consequences. Robert A. oods. p. 764-7. The Eighteenth amendment. Wayne B. Wheeler. p. 767-73. The whence and whither of prohibition. Eliza- beth Tilton. p. 773-5. The significance of the anti-alcohol movement. Irving Fisher. National Conference of Social Work. 1920 Proceedings. p. 231-3. The decrease in the alcoholic psychoses in the New York state hospitals. Everett S. Elwood. p. 233-4. Effects of prohibition on the census of county jails in Indiana. John A. Brown. p. 235-42. Some snapshot pictures of the effects of national prohibition. William H. Pear. National Conference of Social Work. 1921 Proceedings. p. 133-6. Prohibition and crime. John L. Gillen. +Pickett, Deets. How prohibition works in American cities. 61p. Board of Temperance, Prohibition, and Public Morals of the Methodist Episcopal Church. 1022) +Pringle, Henry N. The national prohibition of alcoholic beverages in the United States. 16p. Anti-Saloon League. 1923. Ransdell, Joseph E. Catholics and prohibition. 12p. American Issue Pub. Co. 1923. PROHIBITION Ixiil Rawden, Edwin. First years of prohibition in Michigan. 16p. Michigan Anti-Saloon League. 1923. Results of Prohibition. 23p. World League Against Al- coholism. 1920. Shaw, Elton R. Prohibition: going or coming? The eighteenth amendment and the Volstead act. Shaw Publishing Co. 1924. +Spence, Ben H. and Nicholson, S. E. International convention of the World league‘against alcoholism. Toronto. 1922. American Issue Pub. Co. 1924. Steuart, T. Justin. One hundred million dollars saved Connecticut in three dry years. 19p. American Issue Pupaeo. 1023; Stoddard, Cora F. Alcohol in experience and experiment. 52p. National W.C.T.U. 1922. *Stoddard, Cora F. Massachusetts’s experience with ex- empting beer from prohibition. 8p. American Issue Pip OmErO23. Stoddard, Cora F. Shall we save beer and wine? 16p. International Reform Bureau. Stoddard, Cora F. Wet and dry years in a decade of Masschusetts public records. 54p. American Issue ob Goel O22, Stoddard, Cora F. Where stands the question of prohi- bition and drug addiction in the United States: a second study. 22p. American Issue Pub. Co. 1923. Stoddard, Cora F. The world’s new day and alcohol. 32p;) American Issue Pub; Co. Wheeler, Wayne B. Respect for law, national and international. top. Anti-Saloon League. 1923. *Wiley, Harvey W. Dr. Harvey W. Wiley on 2.75 per cent beer: Is 2.75% beer by weight intoxicating. 4p. American Issue Pub. Co. 1920. +Wilson, Clarence T. and Pickett, Deets. The case for prohibition; its past, present accomplishments, and future in America. Funk & Wagnalls. 1923. Ixiv SHLYUCTEHDr ARTICLES PERIODICALS American Magazine. 93:14-15, 66, 68. Mr. ’22. Lest we forget: about booze. Keene Sumner. Annals of the American Academy. 109: 1-14. S. ’23. The relationship of alcohol to society and to citizen- ship. Eugene L. Fisk. Annals of the American Academy. 109:15-25. S. ’23. Prohibition. Floyd W. Tomkins. *Annals of the American Academy. 109:85-I0I. S. ’23. The Volstead act. George S. Hobart. Annals of the American Academy. 109: 102-9. S. ’23. Men, machinery, and alcoholic drink. Charles Reitell. Annals of the American Academy. 109: 110-20. S. ’23. The effect of prohibition on industry from the view- point of an employment manager. Eugene J. Benge. Annals of the American Academy. 109:121-8. S,) 232: Notes about prohibition from the background. Rob- ert A. Woods. Annals of the American Academy. 109: 129-32. S. ’23. Comments on prohibition by a lumberman and miner. eo itles: Annals of the American’ Academy... /109:123-6. 55520 Kansas and its prohibition enforcement. Alfred G. Hill. Annals of the American Academy. 109: 145-54. S. ’23. Liquor in international trade. Wayne B. Wheeler. yAnnals of the American Academy. 109:155-64. S. ’23. Politics in the enforcement of the liquor laws. Arthur Capper. yAnnals of the American Academy. 109: 165-74. S. ’23. The prohibition law and the political machine. Imo- gen B. Oakley. Annals of the American Academy. 109:175-8. S. ’23. Laborers in heat and in heavy industries. Florence Kelley. PROHIBITION Ixv Annals of the American Academy. 109: 284-5. S. ’23. Why I believe in enforcing the prohibition laws. Gifford Pinchot. feouers Weekly. (Oocti-12, 23.. 1). 2, “21. -The news about prohibition. Frazier Hunt. Boller. s Weekly: )°70.20-10;, 120, |1 15, 22.) Sober and glad of it. Whiting Williams. Collier’s Weekly. 71: 5-6. Ja. 27, ’23. Wet Washington. William S. McNutt. Collier’s Weekly. 71: 13-14. F. 10, ’23. Camels and the wise men of the east. Jack O’Donnell. Slice ey cekly 7 sLOn vow peideoereUriving the drinkers into Sahara. Jack O’Donnell. Colicerse Weekly 71.74. Ap..21,) 23," After the drink revolution. Ida M. Tarbell. Collier’s Weekly. 71:6. My. 19, ’23. Out where the wets are a little drier. Charles W. Wood. Collier’s Weekly. 71: 15-16..My. 26, ’23. From the jury box. Arthur Ruhl. Gollicn s Weekly.) 72: 7. Ae. 11,, 23. Closed saloons and open minds. Whiting Williams. ibonotccsionaue Wecordme40 “1007-75.0 Hi 2q 11.8 ne great destroyer. Richmond P. Hobson. Congressional Record. 55: 5587-95. Jl. 31, ’17. The pro- hibition amendment. Wesley L. Jones. B@onotcesionaleriecord. 155. 5045-Om Aor ole wh Zebic monarch of all human vices. Lawrence Y. Sherman. Congressional Record. 61: 7704-12. N. 15, ’21. Results of national prohibition. Wesley L. Jones. Congressional Record. 62: 6349-52. My. 4, ’22. Light wine and beer and prohibition enforcement. Andrew J. Volstead. Consensus. 8: 18-29. Ap. ’23. Prohibition. Harold D. Wilson. Consensus. 8:35-47. Ap. ’23. Prohibition. Wayne B. Wheeler. Ixvi SEUE CRED AK LIC Ks Country Gentleman. 86:11. Mr. 19, ’21. Prohibition case is closed. A. B. MacDonald. +Country Gentleman. 87:15. N: 4, ’22. Menace ot the wet snake. J. S. Frelinghuysen. Country Gentleman. 87:3-+. N. 11, ’22. Obedience to law is liberty. S. J. Lowell. Country Gentleman. 87:20. N. 25, ’22. Repeal? No! Mngorcerm yes! } CountryaGentleman:87.2,15) gl) 0, 225 Dryerdduarse viewed from a dollars and cents basis prohibition has helped the farmer. J. R. Howard. Country Gentleman. 88:15. Ap. 7, ’23. Them days is gone forever. William A. Sunday. Country Gentleman. 88:3-4. My. 12, ’23. New York’s death cup: a tragic story of prohibition law defiance. Raymond G. Carroll. Country Gentleman! (337302401) 22.823) evingeapaus prohibition. A. B. MacDonald. +Current History. 16: 195-202. My. ’22. Facing the facts of prohibition. Wayne B. Wheeler. Current History. 16: 564-72. Jl. ’22. A square deal for prohibition. William H. Anderson. Current History. 16:572-3. Jl. ’22. Health and prison statistics under prohibition. Elizabeth Tilton. Current History. 16:845-8. Ag. ’22. Shall constitutional government endure? Wayne B. Wheeler. Current History. 17:375-82. D. ’22. Prohibition on the seas. Wayne B. Wheeler. *Current History. 17:1032-9. Mr. ’23. Prohibition in the United States. James Cannon, Jr. Current History. 18: 724-30. Ag. ’23. Majority rule the test of prohibition. Wayne B. Wheeler. Current History. 18: 1006-1215. “23. . Fourstyeanseor prohibition. Robert E. Corradini. Current History. 19:847-9. F. ’24. Prohibition en- forcement under civil service. Wayne B. Wheeler. PROHIBITION Ixvii Gurrent. Opinon. -725)\736-42.) }e:) 22) «The, little church on Main street. Frank Crane. Forum. 61:563-74. My. ’19. Is prohibition constitu- tional? Wayne B. Wheeler. Forum. 62:68-82. Jl. ’19. Prohibition—Anderson an- swers pertinent questions on the battle against alco- hol. William H. Anderson. *Forum, 65: 473-83. My. ’21. Rum rebellions past and present. Wayne B. Wheeler. Forum, 67: 533-9. Je. ’22. The right to get drunk? Wil- liam H. Anderson. Morini OO31747-53 11>. 22 ndiiorcin ea thes.drye law. Wayne B. Wheeler. Good Housekeeping. 74:40, 132-5. Je. ’22. What the doctors think of booze. Harvey W. Wiley. PrOGdeLIGusckeeping. 70049. 130,01 32-Apel 37. 2164923: Why I am going to make Pennsylvania dry. Gifford Pinchot. Good Housekeeping. 78: 72-3, 235-40. Ap. ’24. Will you help keep the law?. Mabel W. Willebrandt. Harper’s Monthly. 142: 186-92. Ja. ’21. Prohibition as the sociologist sees it. Edward A. Ross. *Hearst’s International. 42:81-4. Jl. ’22. Prohibition has made good. Woods Hutchinson. Independent. 97: 18-19, 32. Ja. 4, ’19. Can prohibition drive out drink? Irving Fisher. Independent. 108: 23-4. Ja. 14, ’22. How prohibition is working. Chester T. Crowell. Independent. 109: 123-4. S. 16, ’22. Legality and wis- dom of constitutional prohibition. Wayne B. Wheeler. Journal of the American Medical Association. 66: 742-3. Mr. 4, 716. New evidence against alcohol. (editorial). Journal of the American Medical Association. 74: 109- 10. Ja. 10, ’20. Prohibition and the death rate. Journal of the American Medical Association. 74: 1143-4. Ap. 24, ’20. The physician and prohibition. Dr. Bernard Fantus. Ixvili SELECLEDVARTICLES Journal of State Medicine. 30: 118-22. Mr. ’22. Alcohol as it affects the community. Lady Astor. Ladies’ Home Journal. 36:31, 78. My. ’19. Is prohi- bition a blow at personal liberty. William H. Taft. Ladies’ Home Journal. 39:26, 178. S.’22. Wine-soaked | Europe and dry America. Barton W. Currie. Ladies’ (Home Journal. “307 14éDs"223940" 23a aoa. 40: 205-8. Mr. ’23. Enemies of prohibition. Charles A Selden, t+Ladies’ Home Journal. 40:12, 206, 209-11. N. ’23. Whirlpools of beer: the Quebec experiment brings the reverse of temperance and sobriety. A. B. Mac- Donald. Ladies’ Home Journal. 41: 38, 107-8. Ap. ’24. Prohibi- tion quitters. Charles A. Selden. Ladies’ Home Journal. 41: 21, 212-18. My. ’24. Can we trust the brewers? A. B. Macdonald. literary Digest” 63:25. D: 27,10.) Eilrectvor ergaiure tion on the hospitals. Literary Digest. 64: 37-8. F. 14, ’20. Charity and pro- hibition. Literary Digest. 64:62-4. F. 14, ’20. All aboard the water wagon. Literary Digest. 64: 108. F. 28, ’20. Prohibition and mortality. Literary Digest. 67:36. O. 9, ’20. Prohibition blight on jails and rescue missions. Literary Digest. 69: 19-20. Ap. 16, ’21. Is prohibition making drug fiends? : Literary Digest. 73:32. Ap. 29, ’22. Less drunken- ness among the poor. Literary Digest. 73:16. Je. 10, ’22. A poll of the best minds on rum’s return. Literary Digest. 74:64-6. Jl. 1, ’22. Chicago bankers view dry law as thrift-promoter. *Locomotive Engineers Journal. 57: 864-5. N. ’23. La- bor, booze, and the news (editorial). PROHIBITION Ixix Locomotive Engineers Journal. 57:868. N. ’23. Why prohibition must be enforced. William E. Sweet. Locomotive Engineers Journal. 57:868. N. ’23. Pro- hibition a permanent policy. William J. Bryan. Medical Record. 98: 186-7. Jl. 31, ’20. Alcohol; its status quo ante, never! Dr. D. Nathan. Mental Hygiene. 5:123-9. Ja. ’21. Decline of alcohol and drugs as causes of mental disease. Horatio M. Pollock. 7Mental Hygiene. 6: 815-25. O. ’22. Alcoholic psychoses before and after prohibition. Horatio M. Pollock. Newer cpublic 9 32:100.70- i110, (2297elhelentorcement of prohibition. New Republic. 32:305-6. N. 15, ’22. What has prohi- bition done to America? Fabian Franklin. Book re- view by Felix Frankfurter. *New Republic. 35:41-2. Je. 6, ’23. The wet drive and the American federation of labor. pec wee O1k limes, |e, 35923.) Biovoainsin order and health in fifty cities. William N. Gemmill. ewer Obl litttess) || 30. 22 Gary says dry law is workers’ friend. eNews York limes: Je. 15) 24) ‘Poison rum bungaboo draws chemist’s fire: Laboratory tests show bootleg liquor and anti-prohibition liquor are much the same, considered from a toxic viewpoint. Charles D. How- ard. North American Review. 213: 168-82. F. ’21. Alcohol- ism, prohibition and beyond. Pearce Bailey. Outlook. 124: 146-7. Ja. 28, ’20. Law and order. Wayne Dmyy iiceler: utlook gru32 128.09 9027.1122.1° Prohibitiom Ontlcokee 122: 5i1.0Ne225.(22. Prohibition: Outlook. 133:262-5. F. 7, ’23. Prohibition. William J. Bryan. Outlook. 133: 492-3. Mr. 14, ’23. Beer and light wines? ox SELECTEDUARTICUES Outlook. 133:740-1. Ap. 25, ’23. Business benefits of prohibition. Outlook. 135:20:1. S. 5, ‘23. The furtiveness of diguor. Raymond S. Spears. Saturday Evening Post. 192:10-11, 181-2, 185. Mr. 20, - 20. Long wake of John Barleycorn. Woods Hutch- inson. Saturday Evening Post. 194: 27, 152-4, 156. Mr. 18, ’22. Vintage of 1922. Saturday Evening Post. 196: 15, 142-6. Mr. 1, ’24. Effect of prohibition upon realty values. Felix Isman. School and Society. 16:73-4. Jl. 15, ’22. Diminished drinking among college students. Social Hygiene. 6: 17-43. Ja. ’20. How prohibition came to America. Cora F. Stoddard. successtul Barming, 921.35, AG.) 11.9 ule) OC) eee 13. D. ’22. Bamboozled by booze. A. Secor. Successful Farming. 22:28. Ja. ’23. Bamboozled by pOOzenmA. SeCcOL, Successful Farming. 22:22. F.’23. Liberty and liquors. Ae econ Survey. .47:751.F. 11, ’22. Missionaries for prohibi- tion. tourvey.i 48 s151-5/pAp. 20) N22.) Beating faboutmtitc prohibition bush. T. Henry Walnut. Survey. 48:381-2. Je. 15, ’22. Prohibition after three years. TSurvey. 48:598-9. Ag. 15, ’22. Prohibition and de- pendency. Survey. 50:240. My. 15, ’23. Prohibition and family welfare. Boston Family Welfare Society. +War.Cry. No. 2155. p. 5-8, 13. Ja. 20, 723. Shall Amer- ica go back? Evangeline Booth. World’s Work. 44: 303-6. Jl. ’22. What has prohibition done? Elizabeth Tilton. PROHIBITION Ixxi World’s Work. 44: 463-4. S. ’22. A Chicago judge on the working of prohibition. ORGANIZATIONS OpposING MODIFICATION OR REPEAL OF PROHIBITION A dagger (7) indicates the ones from whom pamphlets or other in- formation may be obtained. yAnti-Saloon League of America. Ernest H. Cherring- ton, General Manager Department of Publishing In- terests, Westerville, O.; Wayne B. Wheeler, General Counsel and Legislative Superintendent, 30 Bliss Bldg., Washington, D.C. There are branch offices in each state and in many of the large cities. Flying Squadron Foundation, 1200 People’s Bank Bldg., Indianapolis, Ind. yIntercollegiate Prohibition Association, 35 B. Street, N.W., Washington, D.C. Harry S. Warner, general SECLClary. {National Temperance Society, 289 Fourth Ave., New WY OVleCity a +National Woman’s Christian Temperance Union, 1730 Ghicaco Ave., Evanston, Il;)35'B) Street, N.W., Washington, D.C. Prohibition National Committee, 206 Pennsylvania Ave., S.E., Washington, D.C. Virgil G. Hinshaw, chairman. +Scientific Temperance Federation, 73 Tremont St., Bos- ton, Mass. Cora Frances Stoddard, executive secre- tary. +World League Against Alcoholism, 30 Bliss Bldg., Washington, D.C. (Affiliated with the Anti-Saloon League) tWorld Prohibition and Reform Federation (formerly International Reform Bureau), 206 Pennsylvania Ave., S.E., Washington, D.C. Virgil G. Hinshaw, superintendent. Ixxil SELECTEDSARTIGUES PERIODICALS OPpposiNnGc MODIFICATION OR REPEAL OF PROHIBITION American Issue (weekly), Anti-Saloon League, West- erville, O. California Voice (weekly), 208 Bryson Bldg., Los Angeles, Cal. Wiley J. Phillips, editor. Illinois Banner (weekly), 32 S. Vermillion St., Dan- ville, Ill. George W. Woolsey, editor. Index (monthly), Prohibition League of Williamsport, Williamsport, Pa. C. W. Huntington, editor. Intercollegiate Statesman (monthly, October to May), Intercollegiate Prohibition Association, 35 B Street, N.W., Washington, D.C. Harry S. Warner, editor. National Advocate (monthly), National Temperance So- ciety, 2890 Fourth Ave:, New York City, Charles Scanlon “editor. National Enquirer (weekly), Flying Squadron Founda- tion, 1200 People’s Bank Bldg., Indianapolis, Ind. Oliver W. Stewart, editor. Scientific Temperance Journal (Quarterly), Scientific Temperance Federation, 73 Tremont St., Boston, Mass. Cora Frances Stoddard, editor. Union Signal (weekly), National Woman’s Christian Temperance Union, 1730 Chicago Ave., Evanston, Ill. Anna A. Gordon, editor. Water Lily (monthly), National Temperance Society, 289 Fourth Ave., New York City. Annie E. Oldrey, editor. World Dry (monthly), World Prohibition and Reform Federation, 206 Pennsylvania Ave., S.E., Washing- ton, D.C. J. Raymond Schmidt, editor. Young Crusader (monthly), National Woman’s Chris- tian Temperance Union, 1730 Chicago Ave., Evans- ton, Ill. Youth’s Temperance Banner (monthly), National Tem- perance Society, 289 Fourth Ave., New York City. Annie E. Oldrey, editor. GENERAL DISCUSSION Ns ’ > iy P A am ie a ae Prd ry Tees: ; of a“ Ran Wate ta i hs ele kaod Wool ue Fe sais ay ta i Gt hd ; ee sD he £4 ht a) } ’ , ’ ' , fra i) ‘ af wi 1 ni ' va | ay ' g%, ie i fi y . , ‘ “4 uy a rs ois 7 i, guy 4) es, : 4 Gir se I. PHYSIOLOGICAL RESULTS OF ALCOHOL AS A BEVERAGE THE FACTS ABOUT ALCOHOL? 1. In small quantities alcohol is oxidized in the body, a little of it, however, being excreted unchanged in the breath and urine. A certain amount of protein is saved from decomposition when alcohol is taken, just as when fat or sugar is taken. For example, the addition of one hundred and thirty grams of sugar to the daily food of an individual caused a sparing of three-tenths gram nitrogen. The substitution of seventy-two grams alcohol for the sugar caused two-tenths gram nitrogen to be spared. (Atwater and Benedict.) Alcohol is therefore to some extent a food substance, although it is not, under ordinary circumstances, taken for the sake of the energy its oxidation can supply, but as a stimulant. 2. There is no reason to suppose that this energy cannot be utilized as a source of work in the body. In- deed a certain amount of alcohol may be normally formed in the tissues as one of the intermediate products in the oxidation of sugar. Heat can certainly be pro- duced from it, but this is far more than counterbalanced by the increase in the heat loss which the dilation of the cutaneous vessels caused by alcohol, brings about. 3. It is a valuable drug, when judiciously employed, in certain diseases—e.g. pneumonia, and puerperal in- sanity. (Clouston. ) 4, Alcohol is occasionally of use in disorders not amounting to serious diseases—e.g. in some cases of slow and difficult digestion. In these cases it may act by in- 1 By Dr. G. N. Stewart. A Manual of Physiology. p. 618-19. 4 SHLEG TED SARTIGCLES creasing the flow of certain of the digestive secretions, as saliva and gastric juice. This effect seems to more than counterbalance the retarding influence which, except when well diluted, it exerts on the chemical processes of digestion. The action of alcohol on the secretion of gastric juice has been studied in a dog with a double gastric and oeso- phageal fistula. Before or during a sham meal of meat, alcohol diluted with water was given as an enema. After the enema the quantity of hydrochloric acid secreted in- creased in about the same proportion as the quantity of juice, but the pepsin was diminished, reaching a mini- mum after three-quarters to one and a quarter hours. The increase in the total quantity of the juice and in the acid over-compensated the moderate diminution in the digestive power, so that the net result was beneficial. (Pekelharing.) But it must be remembered that strong alcoholic beverages, when mixed with the gastric juice, and therefore when taken by the mouth, retard the pro- teolytic action, so that any favorable effect on the secre- tion of the juice may easily be lost in the subsequent di- gestion, unless the alcohol is dilute. (Chittenden and Mendel.) The action of alcohol introduced into the rec- tum on the gastric secretion is both reflex and direct. 5. Alcohol is of no use for healthy men. 6. Alcohol in strictly moderate doses (not more than one and one-half ounces of absolute alcohol), pro- perly diluted and especially when taken with food, is not harmful to healthy men, living and working under ordi- nary conditions. 7. Modern experience goes to show that in severe and continuous exertion, coupled with exposure to all weathers, as in war and in exploring expeditions, alcohol is injurious, and it is well-known that it must be avoided in mountain climbing. Alcohol in small doses, when given by the stomach or (in animals) injected into the blood, causes stimulation of the respiratory center and increase in the pulmonary PROHIBITION 5 ventilation. In man, this increase usually amounts to 8 to 15 per cent, but is occasionally much greater. But the limit which separates the favorable action of the small dose from the hurtful action of the large, is easily over- stepped. When this is done, and the dose is continually increased, the activity of the respiratory center is first diminished and finally abolished. In dogs, for instance, after the injection of considerable quantities of alcohol into the stomach, death takes place from respiratory fail- ure, and the breathing when the heart is still un- weakened. This is the final outcome of a progressive 1m- pairment in the activity of the center, of which the slow and heavy breathing of the drunken man represents an earlier stage. fie > ChOLOGIC ALAM ONG Torr WAC GI TOI EE: The more blood goes to the skin, the more blood is cooled. The body as a whole may be cooler, but we feel warmer when there is more blood in the skin because of the effect to the warm blood upon the nerves of tempera- ture. There are no nerves for perceiving temperature except in the skin and mucous membrane, and the body has practically no sensation of heat and cold except from the skin or mucous membrane. That alcoholic drinks make the skin red is commonly noticed. Often the skin is flushed by one drink; the bloodshot eyes and purple skin of the toper are the results of habitual use. Can you explain why alcohol brings a deceptive feeling of warmth? Why does alcohol increase the danger of freez- ing during very cold weather? (p. 21-2.) After a person has taken an alcoholic drink his face and skin are likely to become flushed, and perhaps his heart beats faster. Most investigators have found that the alcohol itself does not directly increase or strengthen the action of the heart. Hence it is probably wrong to 1By Walter M. Coleman. Human Biology. Pages as noted above. 6 SELEGERBDTARTICLES call alcohol a heart stimulant. The flushing of the skin is believed to be due to the relaxing effect of alcohol. It relaxes, it paralyzes, the vasomotor nerves which con- trol the little muscle fibres in the walls of the blood ves- sels. The relaxing and enlarging of the blood vessels de- creases the resistance to the blood flow, and the heart beats faster under its lighter load. The narcotic effect of alcohol is much more powerful than its irritating or stim- ulating effect. The effect of alcohol in causing fatty de- generation of the muscles often weakens the heart and other blood vessels. (p. 67-8.) A few years ago Professor Atwater proved that if alcohol is taken in small quantities it is so completely burned in the body that not over 2 per cent is excreted. He infered that it is a food, since it gives heat to the body and possibly gives energy also. His experiments did not show whether any organ was weakened or in- jured by its use. As alcohol is chiefly burned in the liver, it probably cannot supply energy as is the case with food burned in nerve cell and muscle cell. The heat supplied by its burning is largely lost by the rush of blood to the skin usually caused by drinking the alcohol. Dr. Beebe, unlike Professor Atwater, experimented upon persons who had never taken alcohol, and whose bodies had not had time to become trained to resist its evil effects. He found that it caused an increased excretion of nitrogen. When the body became used to it, this decreased, but the proteid excreted by the kidneys contained an abnormal amount of a harmful material called uric acid. Uric acid, a substance which is present in rheumatism and other diseases, is usually destroyed by the liver. As the bur- den of destroying the alcohol falls chiefly upon the liver, it is not surprising to find that it is so weakened and in- jured by alcoholic drink that it cannot fully perform its important functions. Bright’s disease and other diseases accompanied by uric acid are more frequent among per- sons who use alcoholic drinks. (p. 113-14.) PROHIBITION 7 ibibo hi lON oO reALCOMOL (1G) NO LRITION:+ W. O. Atwater, professor of chemistry at Wesleyan University, Middletown, Connecticut, and head of the work being done in the government experiment stations on the chemistry of foods, has arraigned the school text- books of physiology before the American people on the charge of falsehood, because these books teach the boys of America that alcohol is a poison and not a food, while his experiments with men shut up in a calorimeter dem- onstrate to his satisfaction that “alcohol is a food” and “not a poison, in moderate quantities.’ Professor At- water’s definition of food is “that which taken into the body builds tissues or yields energy.” Note especially the alternative between “tissue-building”’ and “energy- yielding.” According to this experimenter, any sub- stance is a food if it is oxidized “in the body” anywhere between the mouth and the excretory surface. Not since the days of Liebig, a half-century ago, have the bars that set a boundary to foods been so ruthlessly torn down. Even iron filings and phosphorous satisfy the terms of this definition; and a long list of ptomains, leucomains, and toxins come clearly within the definition. eA Pe Res BO) Gigs ALCOHOL 1. A certain quantity will produce a certain ef- fect at first, but it requires more and more to produce the same effect when the drug is used habitually. 1By Dr. Winfield S. Hall. ciation. 35:68. July 14, 1900. 2By Dr. Winfield S. Hall. ciation. 35:71. July 14, 1900. Foop Il. A certain quantity will produce a certain ef- fect at first, and the same quantity will always pro- duce the same effect in a healthy body. Journal of the American Medical Asso- Journal of the American Medical Asso- 8 SELECTED ALCOHOL 2. When used habitu- ally, it is likely to induce an uncontrollable desire for more, in ever increasing amounts. S/eAdter its “habitual use a sudden total absti- nence is likely to cause a serious derangement of the central nervous system. 4. Alcohol is oxidized rapidly in the body. 5. Alcohol, not being useful, is not stored in the body. 6" Alcoho) Mis ja" pro- duct of decomposition of food in the presence of a scarcity of oxygen. 7. Alcohol is an ex- cretion and, in common with all excretions, is poi- sonous. It may be benefi- cial in certain phases of disease, but it is never beneficial to the healthy body. 8/7) The use ‘or alcohol! in common with narcotics in general, is followed by a reaction. ARTICLES Foop 2. The habitual use of food never induces an un- controllable desire for it, in ever increasing amounts. 3. After its habitual use a sudden total absti- nence never causes any de- rangement of the central nervous system. 4, All foods are oxt1- dized slowly in the body. 9. All; foods, “bem useful, are stored in the body. 6.’ All’ toods “eremtite products of constructive activity of protoplasm in the presence of abundant oxygen. 7. All foods are form- ed by nature for nourish- ment and are by nature wholesome and _ always beneficial to the healthy body, tho they may injure the body in certain phases of disease. GO, “Lhe! usS6. 0 preteees is followed by no reaction. PROHIBITION 9 ALCOHOL 9. The use of alcohol is followed by a decrease ai atnee activity ©con Mine miscle-cells* -and. brain cells. 10s Lhe. use. of alco- hol is followed by a de- crease in the secretion of aay 11. The use of alco- hol is followed by an ac- cumulation of fat thru de- creased activity. 12. The use of alco- hol is followed by a fall in body temperature. 13. The use of alcohol weakens and unsteadies the muscles. 14. The. use ot alco- hol makes the brain less active and accurate. Foop 9. The use of food is followed by an increased activity of the muscle-cells and brain-cells. Lie Lhe Useron Tood 4s followed by an increase in the excretion of CO,. Pivibher use ror food may be followed by an ac- cumulation of fat, notwith- standing increased activity. 12% whe use of, foods followed by a rise in body temperature. 13." The use of food strengthens and _ steadies the muscles. 14a hewtuses of ito0d ‘makes the brain more ac- tive and accurate. SeCOMOLTAN DANS ANT Ye" Whether or not the question of the effect of alcohol upon heredity be debatable, science leaves no grounds for discussion as to the direct effect upon the individual. It is not necessary, indeed, to call upon science for demon- stration; a walk through a ward of alcoholics, or for the insane 1n any hospital, lays bare the appalling results of Moye Dru, Cao Wholey: February, 1913. West Virginia Medical Journal. 7: 260-4. 10 PELE GREDTARRIGUES chronic alcoholism—all grades of inflammation of the nerves from that of the single nerve, or group of nerves, to complete paralysis of the arms and legs. There is in the body no nerve which may not become the seat of in- flammation induced by alcohol; and the brain itself may become affected, manifesting the injury in delirium tremens, strange delusions, and lapses of memory, under which crimes, impossible to the same individual under normal condition, such as forgery or murder, may be committed, and finally the result is all too often incurable insanity. I will quote from the latest bulletin of Man- hattan State Hospital: ‘Of the insane under the care of the state 28 per cent owe their insanity to alcohol as a determining cause. In many instances there are other contributing causes, but these cases of insanity would not have occurred had it not been for the use of alcohol.” Dr. Hioch says: “From a series of fifteen thousand male patients admitted to hospitals in New York and Massa- chusetts, 24 per cent suffered from alcoholic insanity.” Cushny, the most noted modern authority on the ac- tion of drugs, says: “Even the smallest quantities of alco- hol tend to lessen the activity of the brain, the drug ap- pearing to act most strongly, and, therefore in the smal- lest quantities, on the most recently acquired faculties, to annihilate those qualities which have been built up | through education and experience, the power of self-con- trol, and the sense of responsibility. ALCOHOL AND THE DURATION OF Tits The average man in these sad times takes a drink whenever he can get it. This does not necessarily mean that he is lacking in either sense or prudence. It merely indicates that his contact with alcoholic beverages has been, on the whole, pleasant, and that his general ex- 1 By Dr. Raymond Pearl. American Mercury. 1: 213-15. February, 1924. PROHIBITION II perience with the whole world and his fellow men has not substantiated the horrendous tales about the devas- tating consequences, in disease and early death, of any in- dulgence in alcohol which have been dinned into his ears from earliest childhood. He has seen people drink them- selves to death, to be sure; but he has observed that a vastly larger number of persons have used alcohol with freedom, but not in excess, all their lives, and ultimately died of no different diseases and at no different ages than other people, so far as he can judge. Furthermore he notes that while in some countries and times a great deal more alcohol is consumed than in others, there are no striking, or even evident, corresponding changes in either general well-being or rates of mortality. In spite of this general experience, most men do not feel quite easy about the matter, because of the teaching as to the direful effects of alcohol to which they were subjected in their youth. In a number of states it is a legal requirement that all elementary-school physiology and hygiene shall include the teaching that alcohol is harmful. Naturally, no real evidence can be presented, and probably it is fair to say that real evidence is the last thing that those responsible for the placing of this legis- ath on the statute books would have desired. School boys and girls, however, are apt to believe what teacher and text book tell them. .So what would otherwise be the unquestioned conclusion from adult experience is in some degree clouded and shaken by the relics of child- hood teaching. Another thing which gives the common citizen pause in accepting whole-heartedly the idea that the moderate and judicious drinking of alcohol is not seriously harm- ful, is that he has been told that the experience of life insurance companies has proved that the use of even the smallest amount definitely shortens life. The deductions of the actuary have a great reputation for deadly pre- cision and finality among persons who know nothing 12 SE DERGCEDMA RW THICUES about their basis. This reputation is probably somewhat higher, in general, than the real merits of the case would warrant. Certainly in the matter of present interest, what the insurance companies actually know about the effects of alcohol upon mortality can by no possibility be held to justify the conclusions which the public, sternly guided by the Anti-Saloon League and the W.C.T.U., have drawn. The insurance “evidence” on alcohol suf- fers from two fundamental defects. They are: 1. There is no definite knowledge of the alcoholic habits of the individual over any significant portion of his life. The only knowledge an insurance company has of an individual comes from (a) the statements of the individual himself when he applies for a policy; (b) the continuance of his life as evidenced by the payment of premiums, and (c) his death, as evidenced by a claim under the policy contract. Now, granting that every ap- plicant told the truth when he applied, the picture of his alcoholic habits then set down 1s, and can be, only of that time and the immediate past. But nothing is more cer- tain than that the drinking habits of many individuals change from what they are at the comparatively early age at which insurance is applied for. These habits may and do change in both directions. Some persons become heavier drinkers, others less heavy, than when they ap- plied for insurance. So then, in fact, it may be taken to be the case that in the non-abstainer section of insurance experience there is a mixture, in wholly unknown pro- portions, of (a) persons who, for the major portions of their lives, have been total abstainers; (b) moderate drinkers; (c) excessive drinkers. There will also be the same three classes, again in quite unknown proportions, represented in the abstainers’ class in the experience of all companies except a very few which require an annual statement from the policy-holder as to his continued ab- stention. PROHIBITION 13 2. Since most insurance companies are known to discriminate against persons using alcohol as a beverage in more than a certain (to the applicant unknown) amount or degree, an incentive is at once created for the applicant to understate the amount of his alcoholic in- dulgence. The discrimination may take the form of a re- fusal to accept the risk, or of a demand for an increased premium rate, or of a reduced participation in so-called bonuses or dividends. But in any case there is a power- ful incentive for the applicant to make out as favorable a case as possible for himself. I can best put the insurance case in this way: Sup- pose an experimenter wished to determine the effect of the typhoid bacillus upon longevity, and to that end fed a varying and unknown amount of a broth culture con- taining varying and unknown numbers of bacilli to a number of animals of varying and unknown hereditary constitutions and innate degrees of resistance to typhoid; then shut them up in a room with free and unlimited ac- cess to cultures of typhoid germs; and made no further observation upon them whatever, except of the time of their death. What possible deductions could be made from such an experiment? Yet it would furnish data which in every essential would be precisely of the same character and value as the experience of life insurance companies regarding alcohol and the duration of life. Can we do no better than this? The question is an important one. What is needed is critical ad hoc data, in which the alcoholic habits of the individual throughout life are accurately known and recorded. Such evidence does not exist either in official or in insurance statistics. The data must be collected at first hand, with due regard to all the biological and statistical pitfalls along the way. A respectable body of such material I have recently been able to get through the activity of a group of trained eugenic field workers. It has been analyzed in detail in 14 SE LEG LE DAR TIGLES a recent book “The Action of Alcohol on Man,” with re- sults which can be only briefly summarized here. The data included twelve hundred and fifty-nine men and seven hundred and eighty-eight women. They fell into three groups as to drinking habits: total abstainers, moderate and occasional drinkers, and heavy and steady drinkers. Appropriate mathematical analysis of the data showed that the average total duration of life of those entering the experience at the age of twenty was as fol- lows: Males Rotal ta pstainers en. kunt ed iy eee ee me ces 60.05 years Moderate ands oceasional:.... tbat eer OVOA"sa Tléavy ‘and ‘steady coer aes eee eerie Bo avihiete Females Totalvabstainers meee eee ee eee 58.49 years Moderatevand soctasionalah...cta eee Of, 70s0e Heavy saniGc steal Vix co cs ais cr lte thien ee eee AT SOs For white urban dwellers the official United States life tables show an average total duration of life of males entering the experience at the age of twenty of 60.51 years, and of females of 63.51 years. These figures dem- onstrate that our material for the study of the alcohol problem is normal from an actuarial standpoint. The conclusion which is reached from an elaborate and critical mathematical, biological, and_ sociological analysis of this material is that while heavy drinking dis- tinctly shortens life, moderate drinking, on the other hand, is associated with no different duration of life than is total abstention. Actually, the moderate drinkers show a superior average of duration of life as compared with the abstainers, amounting to .99 of a year in the case of males and 3.21 years in the case of females, both groups entering the experience at the age of twenty. No stress, however, is to be laid on these small differences. PROHIBITION 15 DVL ee Geb, To talk of alcohol as a food is really absurd.—Dr. Wood Hutchinson. A Handbook of Health. p. 97. Alcohol tends to lower the temperature of the body by increasing the amount of heat lost—Dr. Milton J. Rosenau. Preventive Medicine and Hygiene. p. 355. Alcohol is a poison. The very word “intoxication” is a recognition of this fact—Dr. Albert M. Barrett. American Magazine. 93:14. March, 1922. Whisky and brandy are entirely unnecessary in medi- cal practice.—Dr. Bernard Fantus, Journal of the Ameri- can Medical Association. 75: 1144. April 24, 1920. The long and sad experience of the race with alcohol proves that the attempt to adapt the body to its use should be given up.—Walter M. Coleman. Human Biol- GOS Ps ee: The history of heredity conducts us to alcoholism, and these two should be considered the principal causes of degeneration.—Dr. Jules (Morel. American Journal of Sociology. 5:81. July, 1599. It is likely that alcohol, as a predisposing or as an immediate cause, is responsible for more than a third of all admissions to our hospitals for the insane.—Dr. M1I- ton J. Rosenau. Preventive Medicine and Hygiene. p. 301. As alcohol is burned up in the body, it saves carbo- hydrates, fat, and albumen, and is therefore to be reckoned among the nutritive substances——John Koren. Alcohol and Society. p. 6. 16 SELEGLEDVARTICLES Most investigators feel that there are too many crim- inal, imbecile, insane, and unhealthy persons among the offspring of drunkards to dismiss the matter as a coin- cidence.—Michael F. Guyer. Being Well-born. p. 168. Alcoholic subjects with degenerated tissues are well known to fall easy victims to infectious diseases.—Dr. Robert B. Wild. British Journal of Inebriety. 16:65. January, 1919. Alcohol which ancestors use seems to curse number- less descendants in body or mind or in both. The worst of it is that the curse is liable to be passed on even though these descendants do not themselves use alcohol. —Frances G. Jewett. The Next Generation. p. 125. There are few medical men today who would not agree that it [alcohol] is a most valuable drug and one which we could ill do without in practice—Dr. Robert Flutchinson in Starling, Ernest H. The Action of Alco- hol on Man. p. 177. Alcohol does not belong to the poisons. It is rather a substance which, taken in moderation, nourishes and exerts special effects on the nervous system, effects that are not even disturbances, and therefore not phenomena of poisoning.—Dr. J. Starke. Alcohol, the Sanction for LES EU Se aan et Having a great affinity for water and being a coagu- lant of protein, alcohol tends to destroy the cells. It should, therefore, be regarded essentially as a protoplas- mic poison.—Dr. Russell Burton-Opitz. A Text Book of Physiology for Students and Practitioners of Medicine. p. 1003. No thorough study of its [alcohol’s] influences could warrant any other conclusion than that it is the most ac- PROHIBITION 7 tive influence present in our social life forthe production of poverty, criminality, and physical and nervous de- generacy.—freport of the Commission to Investigate the Extent of Feeblemindedness, Epilepsy, and Insanity 1m Michigan. p. 28. | The consumption of alcoholic beverages up to an amount and frequency which in common parlance is called moderate does not sensibly shorten the mean dura- tion of life or increase the rate of mortality, as compared with that enjoyed by total abstainers from alcohol.—Ray- mond Pearl in Starling, Ernest H. The Action of Alco- hol on Man. p. 278. The strongest indictment against alcohol is that it ex- cites the passions and at the same time diminishes the will power. The fact that alcohol lowers moral tone does much more harm than all the cirrhotic livers, hardened arteries, shrunken kidneys, inflamed stomachs, and other lesions believed to be caused by its excessive use.—Dr, Milton J. Rosenau. Preventive Medicine and Hygiene. p. 58. The result of medical inspection in the schools of New York has revealed the fact that 53 per cent of the children of alcoholic parents are “dullards,”’ as compared with 10 per cent of the children of abstainers. Researches on animals which had small quantities of alcohol ad- ministered in their food prove decisively that the heredi- tary factor in alcoholism is not imaginary.—Dr. Alexan- der Bryce. The Laws of Life and Health. p. 105. There is no longer room for doubt in reference to the toxic action of alcoholic beverages as weak as 2.75 per cent by weight. If 27.5 grams of alcohol are taken in this form, the well defined and measurable depression in physical and mental processes, judged within the limits of this investigation, is not far short of the result found 18 SEUEGTEDTARTIGLES when 21 to 28 grams of alcohol are taken in solutions varying from 14 to 22 per cent.—Walter R. Miles. Alco- hol and Human Efficiency. p. 275. Alcohol is without doubt a food. It is absorbed readily and rapidly both from the stomach and from the intestines. It passes into the blood and thence into all the tissues and fluids of the body. In the tissues it under- goes oxidation in the same way as sugar or fat. Asa result of this oxidation energy is set free which may be utilized for the production of muscular work or as heat to maintain the temperature of the body —Dr. Ernest H. Starling. The Action of Alcohol on Man. p. 169. An ordinary, healthy adult may take without injury 1% to 2 ounces of whisky (or other spirits) or two pints of light ale, or the equivalent'in some other form of al- coholic drink, ina day. Possibly I might go further and state that in the case of a young, vigorous man, taking much vigorous exercise, producing excessive tissue waste, even more might be consumed without injury. The same applies to the hard-working laborer, the perfor- mance of whose daily work entails great output of mus- cular energy—Dr. Sidney Hiller. Popular Drugs. p. 01-2. Although it was long thought that the mortality from tuberculosis exceeded that resulting from any other dis- ease in this country, it has recently been ascertained that there is another disease or group of diseases usually oc- curring together in the same subject which not only has a far greater mortality record, but is rapidly increasing. This is the group known as degenerative diseases, con- sisting of heart and kidney diseases and arteriosclerosis. While the mortality in the U.S. from tuberculosis dur- ing the year 1909 was about 127,000 the mortality from the degenerative diseases was 235,000, almost twice as PROHIBITION 19 great. Tuberculosis is diminishing in amount. The de- generative diseases have increased since 1880 at the rate of 103 per cent. The chief causes of these diseases as a class are alcohol and excessive meat diet—Dr. Norman E. Ditman. Harper's Weekly. 55:19. August 5, IQIt. In the recent medico-actuarial investigation, includ- ing forty-three American life insurance companies, the combined experience on users of alcohol has been com- piled, with very interesting results. It may be subdi- vided as follows: (1) Individuals who took two glasses of beer, or a glass of whisky, or their alcoholic equiva- lent, each day. In this group the mortality was 18 per cent in excess of the average. (2) Those who were ac- cepted as standard risks but who gave a history of oc- casional alcoholic excess in the past. The mortality in this group was 50 per cent in excess of the mortality of insured lives in general, equivalent to a reduction of over four years in the average lifetime of the group. (3) Men who indulge more freely than the preceding group, but ‘who are considered acceptable as standard insurance risks. In this group the mortality was 86 per cent in excess of the average—Fisher and Fisk. How to Live. p. 300-7. It is not attested by history nor by present-day facts that alcohol-using nations must inevitably succumb to the forces of intemperance. It is commonplace that peoples more or less habituated to the use of intoxicants have made incomparably greater progress in things that are the boast of our civilization than, for instance, totally or partially abstaining peoples, such as the Hindus and Mohammedans. Racial or cultural differences do not account for this condition. One notes, too, that the de- eree of eminence attained by various European nations does not seem to bear any relation whatsoever to their drink habits. The great war has served to bring this into 20 SEUEGLEDIAR ICL ES light. The endurance and ability to organize shown by France, not to mention her pre-eminence in peaceful pur- suits, appear to be unimpaired, although the country is perhaps the most alcoholic in Europe. Both in pacific and military arts the Belgians measure high in the scale, although their consumption of drink is almost twice as ereat as that of the United States. No nation has de- veloped a more marvelous efficiency and strength than the German, notwithstanding centuries-long extensive use of alcohohe drink.—John Koren. Alcohol and So- ciety. p. 10-17. Volumes have appeared on the effects of prohibition, but there has been an abundance of chaff of opinion and very little wheat of fact. By contrast, in a brief article in the current number of Mental Hygiene, Dr. Horatio Pollock and Miss Edith M. Furbush have threshed out of a mass of statistics a considerable quantity of substan- tial conclusions regarding the effects as traceable in mental disease. The authors have the complete record of the cases of alcoholic mental disease admitted to the thirteen civil State hospitals of the State of New York in the last fifteen years. If one contrasts the three years 1920-1922, since the coming of prohibition, with the three years before the World War, one finds that there has been a marked falling off in the number of new cases admitted: 541 as compared with 1,601. This is at- tributed to two principal causes: First, a change in the habits of the people with respect to excessive drinking, and second, restrictions on the liquor traffic. The de- cline corresponded closely to the lessened percentage of intemperate users of alcohol among all the new ad- missions, and it is inferred that this furnishes a good index of the general decline of excessive drinking.— Editorial. New York Times. June 28, 1924. II. ECONOMIC RESULTS OF ALCOHOL AS A BEVERAGE ALCOHOLISM ‘OBSOLETE IN’ MODERN INDUSTRY # This, in a special sense, is an industrial and com- mercial age. The implications, therefore, in the trans- formation which has taken place during the industrial revolution of the past few years deserve thoughtful con- sideration. RAILROAD PROHIBITION A few years ago, comparatively speaking, it was not unusual for newspapers to ascribe railroad wrecks to “drunken engineers.” Railroad lines in America have increased in fifty years from fifty-three thousand miles to two hundred and sixty-four thousand miles. Railroad development of every character has gone forward in America until today twenty billions of dollars are in- vested and two million men are employed at an annual compensation of three billion dollars. These railroads carry annually more than two thousand million tons of freight and more than one thousand million passengers. Yet with sixty thousand railroad locomotives being driven on all lines throughout America, how many wrecks are today charged to drunken engineers, or drunken train dispatchers? American railroads will not employ an engineer who uses intoxicants either on or off duty. This imperative railroad law carries a far greater degree of punishment than any local, state or national 1 By Ernest H. Cherrington. Anti-Saloon League Yearbook, 1922. p. 15-19. ee SEDGE De RIG iS prohibitory law. Even the liquor interests in America have long since ceased to defend the personal liberty of railroad engineers to drink intoxicants. When American railroads modify their rules which have stood for a quarter of a century, so as to permit engineers, train dispatchers, and telegraph operators to use light wines and beer, the American Congress will doubtless be ready seriously to consider the advisability of modifying the Federal prohibition law. IRON AND STEEL VERSUS ALCOHOLISM The giant lake freighters, which carry ore from the great Superior ore districts, are unloaded at American lake ports whence the ore is transported by trains to the numerous smelting furnaces of the United States, which produce more iron and steel each year than all the rest of the world. Comparatively a few years ago, vessels were unloaded by laborers with shovels and wheel- barrows. The unloading capacity under the old system was a hundred tons a day. Today electric machines un- load such vessels at the rate of three thousand tons an hour. Even greater revolutions than this have taken place in the electrical equipment of iron and steel mills. Under the old system it was possible for an unskilied employee with a brain well soaked with alcohol, to handle a shovel and a wheel-barrow. The intricate modern un- loading equipment, however, cannot be entrusted to ha- bitual users of alcoholic liquors. The same rule applies with even greater force to the vast electrical equipment now operating the iron and steel mills of the nation. When the iron and steel industry of America advocates the letting down of prohibition bars, Congress may heed the suggestion. DEALCOHOLIZING THE MINING INDUSTRY During the last ten years modern electrical inventions revolutionized the American coal mining industry. Elec- PROHIBITION 23 trical mining machines with two operators today do the work which a decade ago required twenty miners. Seven hundred and fifty thousand American miners who al- ready are producing more than 40 per cent of all the coal used in all the countries of the world, cannot begin to meet the demands even with the installation of modern equipment. Under the old system a miner with a brain fairly well soaked with alcohol could produce a few tons of coal a day, but the man who operates a modern elec- tric mining machine must be sober. THE PASSING OF THE “DRUNKEN SAILOR” During the past nine years the tonnage of American ships clearing American ports increased from 4,793,523 net tons to 30,180,809 net tons—an increase of more than 500 per cent. The modern system of electric devices for the handling of ship cargoes installed on ships and at docks during the last few years has not only eliminated the proverbial “drunken sailor,’ but has created an im- perative requirement for skilled men with clear brains. The old drunken sailor cannot meet the new test. Amert- ca’s part in the international commerce of the future can- not be jeopardized by compromise with the old system under which alcohol played a leading role. AN INDUSTRIAL REVOLUTION Perhaps no series of legislative acts have so aroused the manufacturing interests in America to the absolute necessity of prohibition as the workmen’s compensation laws passed during recent years in all but three states of the American union. As a result, millions upon millions have been invested in safety devices for the protection of life, limb and health of the ten million American manu- facturing employees. Safety to workers and insurance to manufacturing interests preclude the possibility of those interests accepting the hazard which would be in- evitable with the return of the beverage liquor traffic. 24 SELEG PHD Ah DIE» THE AuTo TRUCK AND THE OLD TEAMSTER. Only a few years ago the vast tonnage of agricultural products and of industrial and commercial enterprises in America was moved on short hauls by wagons with teams and teamsters. Today the great proportion of that tonnage is moved by auto trucks. One large truck will move more tonnage than could be moved under the old system by ten wagons. Under the old system, half- drunken drivers might throw the lines around the dash board and depend upon the dumb animals drawing the load to avoid collision and the ditch. But the intrinsic value of more than a million automobile trucks now oper- ating in America, to say nothing of the value of the ton- nage involved, cannot be entrusted to alcoholized truck drivers. An AUTOMOBILIZED NATION WitHOUT PROHIBITION There are in operation in America ten million auto- mobiles. All the rest of the world together employs two million automobiles. America therefore may be said to be the most thoroughly automobilized nation in the world. The great development of the automobile in- dustry has taken place in the last decade, during which same period prohibition by state legislation was rapidly covering the area of the nation. The beverage alcohol system in operation in automobilized America today is unthinkable. What degree of safety, under alcohol, could be vouchsafed to any traveler upon any highway or any pedestrian upon any sidewalk of any town or any city? If America faces such a situation now, what will other countries of the world do in regard to this important question, as the use of automobiles rapidly increases? INSURANCE RISKS AND PROHIBITION INSEPARABLE Perhaps no department of American business has de- veloped so rapidly as life insurance. Insurance estates PROHIBITION 25 are rapidly becoming important factors in the financial world. In slightly more than thirty years the amount of life insurance in America has increased from five billion dollars to more than forty-two billion dollars. The num- ber of life insurance policies in existence in the United States in 1890 was 5,202,475. The number in 1900 was 14,395,347. The number in 1910 was 29,998,281, while the number in 1920 was 64,341,000. Investigations of actuaries covering long periods have established a de- cided difference between the actual costs of risks on the lives of abstainers as against those of non-abstainers. With this remarkable increase in the number and amount of risks carried by the American insurance companies, the greater part of which increase has come during the period of state and national prohibition, even the sugges- tion of a return to the days of alcoholism is startling. What would happen to millions of insurance risks, to the insurance companies themselves, and to the vast financial interests of America, in which those insurance companies now play so significant a part, were the beverage liquor traffic to be restored, with its attendant results through the use of alcohol, upon millions of policy holders, and its even more far-reaching effect upon mortality statis- tics that would inevitably result from accidents, disease and crime that would follow like an avalanche in the wake of alcoholism? AERONAUTICS DEMAND SOBRIETY The airship is in its infancy, yet the development of the past five years is prophetic of a day not many years ahead when the airship will be one of the most important factors in the life of the world. Leaving out of con- sideration all government, army and navy airship ac- tivities, the fact remains that during the year 1921 more than twelve hundred civilian aeroplanes were operated in 26 SELEGIED VAR DICLES America, traveling more than six million five hundred thousand miles and carrying more than two hundred and seventy-five thousand passengers. It is not rash to prophesy that the airship in ten year’s time will work a revolution in industry, commerce, travel, international relations and international law. Development of the air- ship as a real agency of travel and commerce in America under conditions which would be inevitable with the re- turn of the beverage liquor traffic, is out of the question. ALCOHOLISM AN IMPOSSIBILITY IN THE NEW AGE The liquor traffic may have been possible in the agri- cultural world in the age of the horse-drawn plow and the mule teamster; it is not possible in the age of the tractor, the great wheat-header and the auto truck. The liquor traffic may have been possible in the days when the wood chopper’s ax was the only means of felling trees ; it is not possible in the age when electrical opera- tions are so essential to the rapidly increasing lumber industry. The liquor traffic may have been possible in the age of the drunken sailor and the drunken engineer and the age when manufacturing concerns were not re- sponsible for the health and safety of employees; it is not possible in the age of the industrial development which has revolutionized railroad operations, the mining indus- try, manufacturing interests, international commerce and trade activities, and other great industries and enterprises which figure in economic progress. The liquor traffic may have been possible in the age of the ox-cart, but it is not possible in the age of the automobile. The liquor traffic may have been possible in the age of the stage coach, but it is not possible in the age of the airship. The liquor traffic may have been possible in the age of the water mill, but it is not possible in the age of the electric dynamo. PROEIBURTON 2. 27 ECONOMIC RESUS OF PROHIBITION DNB es Le The cheaper form of vodka is distilled from potatoes. The vodka industry, therefore, required the production of vast quantities of potatoes. The Poland potato crop had been planted in the spring of 1914, but when the war came on, the Emperor of Russia issued his famous edict prohibiting the manufacture and sale of all intoxi- cating liquors, including vodka. At first this seemed a crushing blow to the industry of Poland, but after the country had been desolated by war and the ordinary food supplies had been exhausted, the people of Poland found themselves in possession of a vast harvest of potatoes, and these potatoes, no longer valuable for the manufac- ture of vodka, provided a supply of food which kept the nation alive during the winter which followed. Immediately after the taking effect of the edict, the savings bank deposits in Russia began to increase at a most amazing rate, and this notwithstanding the fact that Russia was in the midst of war, with her industries disturbed and all her usual business affairs depressed. A few figures may be given to illustrate this result of pro- hibition in Russia. The savings bank deposits in Russia, including Poland, on January 1, 1914, were 240,000,000 roubles (a rouble being about 50 cents) ; on February 1, 1914, 233,000,000 roubles; on March 1, 1914, 260,000,000 roubles. It will be noticed that these figures refer to dates before the prohibition edict was issued and also be- fore the beginning of the war. The deposits on the cor- responding dates one year later, while the war was at its height, show the following savings bank deposits in Russia. January 1, 1915, 438,000,000 roubles, an increase of nearly 100 per cent over the showing of January 1, 1914; February 1, 1915, 509,000,000 roubles, an increase 1By Ernest P. Bicknell. Proceedings of the 1916 Conference of Charities and Correction. p. 18-19. 28 SELECTED “ARTICLES of over 100 per cent; and March 1, 1915, 737,000,000 roubles, an increase of almost 200 per cent. Americans living in Russia complained with jocular bitterness that the result of the prohibition edict had greatly complicated and intensified the servant problem in their homes. Since it had been common for working- men to spend their wages regularly upon vodka the wives had been accustomed to seek domestic service. Soon after the prohibition edict took effect, a widespread exodus occurred on the part of these wives, who gave up their domestic service to return home, with the explana- tion that their husbands now had money enough to sup- port them. DRIER EXCUR ETS Work and drink do not belong together, especially when the work demands alertness, attention, exactness, and industry.—John Koren, Alcohol and Society. p. 15. All labor expended in producing strong drink is ut- terly unproductive; it adds nothing to the wealth of the community.—Adam Smith. The Wealth of Nations. The widespread use of alcoholic beverages has been conservatively estimated as causing the loss of 21 per cent in the efficiency of the nation’s workers.—Dr. Edwin F. Bowers. Alcohol, Its Influence on Mind and Body. p. 185. In the year 1834 a Parliamentary Committee on In- temperance reported that the national loss of productive labor through intemperance amounted to £50,000,000 per annum, and was equal to the loss of one day’s labor in six.—John Newton. Our National Drink Bill. p. 115. Neal Dow quotes William FE. Gladstone as saying, “We have suffered more in our time from intemperance PROHIBITION 29 than from war, pestilence, and famine combined—those three great scourges of mankind.”—North American Re- view. 139:179. August, 1884. Manufacturers generally estimate the loss of produc- tive power, due to drunkenness and the inefficiency aris- ing from drunkenness, at 8 to 12 per cent of the total wages.—Alexander Johnston. Labor’s Cyclopaedia of PCH ICOr SCIENCE, CLC.) VOleis, PY 370: The resources of the Federation Bank, union labor’s financial institution in New York, have increased from $500,000 on May 19, 1923, to $3,700,000, and are ex- pected to reach the $4,000,000 mark by the end of Jan- uary, 1924, according to Peter J. Brady, President. —New York Times. December 206, 1923. There are more than a million jobs in America closed to the man who drinks alcoholic liquors. The railroads are not standing alone. Other great industries have come to see that alcohol makes only for accidents, inefficiency, and waste.—Dr. Edwin F,. Bowers. American Magazine. Ours uy, 1010. Drink leads to idleness. The business men of our country are year by year drawing the line more strictly against the use of alcohol by employees. Why? Because a clear brain and a steady nerve are required in every im- portant avenue of industry, and alcohol befuddles the brain and paralyzes the nerves —IVilliam J. Bryan in an address delivered in May, 1015. Drunkenness and drinking can not be overlooked as an important cause of discontent among working people. The factory saloon especially may be looked upon as one of their greatest curses. Not only does excessive drink- ing breed discontent but expenditures for liquor im- 30 DEORE GERD UARIGUES poverish the home of the working man and cause great domestic distress.—Carl H. Mote. Industrial Arbitration. DOL SH: My primary objection to prohibition is not based on any argument against it, but on the one argument for it. I need nothing more for its condemnation than the only thing that is said in its defence. ... The argument is that employees work harder, and therefore employers get richer. That this idea should be taken calmly, by itself, as the test of a problem of liberty, is in itself a final testimony to the presence of slavery.—G. K. Ches- terton. What I Sawin America. p. 145. For every young man in business who does drink, no matter how moderately, there is some young man of the abstaining kind waiting around the corner for his place and who will do his work all the better because he does abstain. And employers prefer the abstaining sort. The presidents of the two largest railroads in this country have each told me personally within the past year[1898] that they will no longer employ any man for any position on their roads who drinks even moderately. And this is growing to be a common custom in all branches of busi- ness. Alcohol is becoming more and more each day to be regarded in the business world as a positive detriment to a man’s greatest usefulness—EHdward W. Bok. Mod- Grn LOGUENCE ty Oa eT 2. At Philadelphia I used four comparisons, based upon an expenditure of the sum of two and a half billions of dollars a year-—that is, an average of $25 per capita or $125 per family. The comparisons then used showed (1) that there is daily spent for drink in the United States one-tenth of the sum expended for the carrying on of the war now raging in Europe; (2) that the amount expended for drink in the United States would PROHIBITION 31 build six Panama canals each year; (3) that the amount annually spent for drink is more than three times the entire amount spent for education in the United States; and (4) that the amount spent for drink is almost double the annual expenditures of the federal government. Wiliam J. Bryan in an address delivered in May, 1015. he . s i P ‘ | pun A rae nt } te a ne pce 1 ie. a oa 1 SD a hs ity He Halas Ay ve na ny ‘La Spied ‘adhd re er WATE fil Dy lt abi; a ate a, OR $i) a ‘gir ty cotta an DRE AE yor, tat Aieele: ieee he ie 7" e , a i ’ 4 ‘ \ ty ie ct W « Lal phat aby Dane) ute aching Ce as Rimintant bis ) ty ; “ ) : - 1) b ‘» ~ ‘ en vt eis ¥ rt ‘ +h he rahe ‘Bi at oh? : tt ae ‘sd bres meag y’ ' r ; ' ‘ : P ‘ a . A. 4 4 ‘apa ay ia) h fee pie stan aes ar \ 4 ; 4 i if u% aa) Bae | A ; h “hal 2%) i Y 4 5 ) ; é ith . ite a: ‘ , 2 i \ , “4 iy R » 4 ‘ % t bq , L = ae yaa ’ ' “ *t ‘ ' v ' | ie i i n A ret fu ’ . | A ue 4 A UE e | 404 4 Yous Le ah bak “7 5 ve : i \ es i > i tae, ls ba} J * ¥ ‘ “sy ' rs ah : ‘ : a r .t. ‘ ih { 7. i i 4 4 ‘i ? é ; § dhe: e v r 1 4 * iF Fi 4 ‘ 4 ‘ a : e 4 o 5 1. = V4 - ft é " { i” | S4 { Pin feat o oe j Neiey 4 i " i i ih neo a 4 4 ¥ ‘he t at oY , be ri a‘ y y se * r Ky “a ‘ i i : AP ; ¢ *f =“ + 5 A : ee pee Sih ) Mh ee idee ( y 7“! : 174 ? N lit | jae : ine . ft By ' 7 vy | i y a v4 A ¢ i} i ; 7] 4 PER tear ee ie ‘ . i ‘f See = . is i ‘ r Fe Ty ve rs by 5 4 ie , | it gee | edie ae ad i i i } 1 Sain (eee i ein’ «Vitae rh ‘ t ss 4 ‘P| ve. r iy j my i . , roa | 4 d 7 4 4 a . ‘) ‘ ‘ i Joa ‘ i ay - ; ‘ epee + yas PM ( i y soy w 2 : c ; bay = ’ ‘gy 4 i we ee 2) J ‘4 . y ids = Pe) P| wawy | diated OO ¢ ot i pe < lie OL TICAL RESUS OR TALCOMOLE AS A BEVERAGE RUM REBELLIONS PAST AND: PRESENT? A rebellion is an organized attempt to forcibly resist the government. A rum rebellion is an attempt of the liquor interests to nullify the Constitution, or the laws, or to defy them, instead of changing them by the orderly processes of government. Liquor is now and always has been in rebellion against government control. The first historic rum rebellion, commonly called The Whisky Rebellion of western Pennsylvania, occurred in 1794. Distilling whisky was the chief industry of that section. The price of the finished product was a shilling a gallon, and the tax proposed was seven cents a gallon. The whisky dealers rebelled at the imposition of the tax. They declared it was an interference with a legitimate business and an infringement upon their personal liberty. Those who counselled obedience to the law were visited with gross insults. Officers were assaulted ; many people were killed. An attempt was made by the liquor dealers to call out the militia in their behalf, so as to involve so many in the crime of resistance that the government would not attempt to punish the insurrection. A number of people in Pittsburgh incurred the displeasure of the whisky dealers because they counselled obedience to the law, and the city was threatened with destruction. The governor failed to meet the situation promptly and Presi- dent Washington made a requisition of thirteen thousand militia from Pennsylvania and adjoining states to sup- press the rebellion. When the whisky insurgents realized 1 By Wayne B. Wheeler. Forum. 65: 473-83. May, 1921. 34. bol eof CAPS MMR CS less that the government was in earnest, they capitulated, and two of the leaders were tried and convicted of treason. Many of the families involved in the affair left the section and settled in the mountains of Kentucky, and the names of some famous moonshiners in Kentucky today are the same as those of certain leaders of the Pennsyl- vania Whisky Rebellion. The attitude of liquor toward law has always been one of rebellion. The liquor traffic has defied every regu- lative, restrictive and prohibitory law placed on the statute books, and the present open rebellion of the traf- fic against the Constitution of the United States is only the final step in its long fight against the orderly processes of government. During the War of 1812, when the government felt the necessity of increasing its revenue to sustain it in the extra burdens it was obliged to carry, a small tax in com- parison to that which is now borne by the traffic, was laid upon the liquor trade. At the close of the war, the liquor dealers compelled Congress to remove this excise tax which had been levied to support the War of 1812. The inside historic facts concerning the repeal of the tax re- flect no credit upon the methods used by the trade to se- cure immunity. The unpatriotic attitude of the liquor traffic was re- vealed during the days of the Civil War. When the gov- ernment was torn and bleeding at every pore, and the trade knew that the nation required money in order to continue the struggle, it reversed its attitude taken at the close of the War of 1812, and made a seductive plea for increased taxation on the trade. Prohibition sentiment had been increasing, and the trade knew that the best way to buy continuance of life was by paying what was then considered a liberal license. When once this policy was fastened on the government the liquor dealers real- ized the advantage it gave them, and they have since used it as their chief weapon against prohibition. Lincoln PROHIBITION 35 knew the danger that would lie in the liquor revenue, and he foresaw how it would dull the conscience of the people, therefore he signed the bill that brought it with great reluctance, and only with the understanding that the measure would be repealed after the war. When the smoke had lifted from the battle fields, and when the din of battle had subsided into the sobs and moans of war-made widows and orphans, it was found that the liquor traffic had entrenched itself in the state and Federal revenue laws, and had repealed state pro- hibitory laws save those of Maine alone. The good work of half a century done by earnest temperance folk had been undone. The present slogan of the wets, “Prohibition was put over” has in it not a ghost of truth, but had the drys cried for the past fifty years “the liquor traffic was put over while the country bled for freedom and for unity in the Civil War,” they would have had the facts on their side. True to its colors the liquor traffic created scandal in army operations in Cuba and the Philippines, and in the army camps during the Spanish-American War the can- teen outrage was its contribution toward promoting the morale of our troops. The same demoralizing and degrading forces that had played traitor during the Civil War were at work to dis- rupt our army, and another chapter in the story of the Rum Rebellion was written in our national history. Curbs, checks, regulations have been continuously ignored by the liquor traffic. It has persistently refused to obey the excise laws in New York, Chicago, San Francisco, and in practically all of the large cities, until public sentiment compelled their enforcement or until it was prohibited. It has always been a notorious fact that saloons have refused to obey the Sunday closing law. It has been the proud boast of many of their owners that they threw away their door keys when they opened their establishments, Municipal scandals have grown out of 30 SELEGO DEA RLS the fact that corrupt politicians and their official pawns, mayors and police heads, have refused to enforce Sunday closing laws, while the laws against selling to minors and intoxicated persons were brazenly ignored in the past. The attitude of the liquor interests during the World War was characteristic. The government appealed to the people to save food, fuel and transportation facilities to win the war. The liquor interests continued to waste food by the ton, while the people saved it by the pound. They used the cars and the coal needed to send food and supplies to the front to ship their beer and debauch the people, when the country, nay the world, needed a sober __ manhood and womanhood with all faculties and powers intact. They allied themselves with the disloyal forces in the government. The German-American Alliance se- cured a charter from the Federal government. Its ac- tivities, however, put it under suspicion and the govern- ment investigated. The testimony given before the Sen- ate Judiciary Committee showed that this organization was disloyal, and it was also proved that the United States Brewers’ Association, and brewers known to be pro-German, furnished much money used for German propaganda as well as for propaganda against Prohibi- tion. The representative of the brewers on the witness stand admitted that the National Association of Com- merce and Labor, interested primarily in combatting prohibition, was to operate through the German-Ameri- can Alliance, with the consent of the president and vice- president of the Alliance, and that the funds for the propaganda emanated in reality from the United States Brewers’ Association. The German-American Alliance Charter was revoked by the Congress without a dissenting vote. Following this the United States Senate ordered an investigation of the entire corrupt practices of the brewers and of their political activities. Over seven thousand pages of sworn PROHIBITION 37 testimony were taken. The committee found everyone of the charges in Senate Resolution 307 were substan- tially sustained: That the said United States Brewers’ Association, brew- ing companies, and allied interests have in recent years made contributions to political campaigns on a great scale without precedent in the political history of the country and in vio- lation of the laws of the land; That in order to control legislation in the State and Na- tion, they have exacted pledges from candidates to office, in- cluding Congressmen and United States Senators, before election, such pledges being on file; That, in order to influence public opinion to their ends, they have heavily subsidized the public press and stipulated » when contracting for advertising space with the newspapers that a certain amount be editorial space, the literary material for the space being provided from the brewers’ central office in New York; That, in order to suppress expressions of opinion hostile to their trade and political interests, they have set in oper- ation an extensive system of boycotting of American manu- facturers, merchants, railroads, and other interests; That for the furthering of their political enterprises, they have erected a political organization to carry out their pur- poses; That they were allied to powerful suborganizations, among them the German-American Alliance, whose charter was revoked by the unanimous vote of Congress; the Na- tional Association of Commerce and Labor; and the Manu- facturers and Dealers’ Associations; and that they have their ramifications in other organizations neutral in character; That they have on file political surveys of states, counties and districts tabulating the men and forces for and against them, and that they have paid large sums of money to citi- zens of the United States to advocate their cause and inter- ests, including some in the government employ; That they have defrauded the Federal Government by applying to their political corruption funds money which should have gone to the Federal Treasury in taxes. Step by step we have shown the rebelliousness and disloyalty of the now outlawed liquor traffic up to the adoption of Federal prohibition. It defied the govern- ment in 1794; it was a tax-dodger in 1812; it took ad- vantage of its country’s necessity in the Civil War to en- trench itself in public life; in the Spanish-American War it debauched our troops; in the World War it was pro- 38 SHEER GCUEDEARLICLES German and anti-American. Is it not logical that today it should be in open rebellion against the Constitution of the United States and should incite to lawlessness and encourage nullification ? When two-thirds of Congress submitted the Eight- eenth Amendment and fifteen-sixteenths of the states ratified it, people who had not studied the history of the liquor traffic thought the liquor interests would submit and obey the law until it was changed in a legal and orderly manner. Instead of doing this, the nine national liquor organizations continued their work against pro- hibition, and five new national liquor organizations came into the field to help. “The Association Opposed to National Prohibition” has its headquarters in New York. It has boasted that it had $1,000,000,000 subscribed to see to it that the Eighteenth Amendment should not become operative. The “Association Opposed to the Prohibition Amend- ment” has its headquarters in Washington. It boasts that no liquor dealer is eligible, but its program is as fol- lows, according to its own statement: 1. To get the Volstead Act out of the law. Zz. Vo, permit) févery (state “under the: conenieus clause to pass its own enforcement act. It also states in a paragraph of its prospectus: “If the majority of voters do not favor the law and if those against it organize so that they may be counted, the law will be repealed and the regulatory power under the prohibition amendment will be left to each state under the concurrent clause.’ The acknowledged program of these two organizations is simply a defiance of the Eight- eenth Amendment. The New York organization frankly admits that its purpose is to prevent the Eighteenth Amendment from becoming operative. The Washington organization proposes to repeal the Volstead Act and thus allow the wet states to remain wet in spite of the Constitution, and the dry states to enact PROHIBITION 30 and enforce their own laws.. No one can gainsay the fact that this means rebellion against national prohibition as written into the Constitution of the United States. The campaign to overthrow the Iighteenth Amend- ment by other than legal methods is as follows: The Association Opposed to National Prohibition planned to create a public sentiment by a false propa- ganda that would coerce the Supreme Court into a de- cision in their favor. This was the statement in their confidential prospectus : The members of the United States Supreme Court are extremely sensitive to public opinion. They must be made to feel the weight of public opinion that has been raised all over the country by this attempt to prohibit by Constitutional Amendment, the natural and inherent rights of free men ina free country. That sentiment can only be crystallized by the expenditure of a very considerable sum of money. It planned to elect a Congress to repeal or destroy the laws to make the Eighteenth Amendment enforceable This is legislative rebellion. It planned to elect public officials, bound by duty to enforce the law, who would encourage law-breakers in their lawlessness. Governor Edwards, backed by the liquor interests, determined to capture the national convention of his own party in the interest of outlawed liquor and to make his own state as wet as the Atlantic Ocean. Fortunately, he met his Waterloo, and New Jersey is now again in the Union. The Prosecuting Attorney at Iron River, Michigan, headed a rebellion against the Federal officers who seized liquor in that community. In the name of the law, this officer of the law attempted to discredit faithful Federal officers. The legality of the seizure of the liquor in ques- tion was decided in the Federal court upholding the Federal officers, and this rebellion, too, was nipped in the bud. 40 SELECTED UARTICLES Chicago wets joined the rum rebellion, and would have succeeded in part, because of the indifference of the city administration, and the United States District Attor- ney who refused to do his duty; but faithful Federal en- forcement officials, and the courageous Attorney General — of Illinois, Mr. Brundage, have curbed the law-breakers even with the odds against them. San Francisco’s liquor hosts rebelled, and its wet mayor boasted of the ready flow of liquor during the Democratic National Convention. The rebellious liquor traffic corrupted a number of Federal enforcement off- cials. The Federal Enforcement Department has taken drastic measures to reorganize the forces and suppress the rebellion at the Golden Gate. New York, in her liquor delirium, not only defied the law, but became the headquarters of forged permits and bribed Federal inspectors and agents. Practically all of the Federal appointees for the enforcement of prohibi- tion in New York had to be discharged. A new force is now at work, and time will tell whether its members can stand the test of liquor bribes. Milwaukee naturally takes part in the rum rebellion. A recent Federal Grand Jury in this district took occa- sion to use its official position to become propagandists for the outlawed liquor interests and applied to Congress to repeal the Law Enforcement Code. Parts of Pennsylvania, true to the spirit of 1794, are in rebellion against the enforcement of any Federal law prohibiting the liquor traffic. Pennsylvania, New York, Rhode Island, Connecticut, and New Jersey have vied with each other in their liquor lawlessness for years. They represent the black belt of the liquor rebellion. The present outlook, however, for the passage of state en- forcement codes in four of these commonwealths is hope- ful. With their passage will come the dawn of a new era for law and order. A band of unscrupulous patent and proprietary medi- PROHIBITION Al cine manufacturers and venders are joining the rebellion, with the cloak of respectability wrapped about them. A relentless warfare is being carried on against these sub- stitutes for booze. Public officers who take an oath of office to support the Constitution and enforce laws enacted pursuant thereto, and then make the enforcement of the law a mockery by their indifference and their public utter- ances, and a farce by inadequate fines, are particeps crim- inis to the rebellion. Politicians who use their influence to secure illegal permits to withdraw liquor are guilty of aiding the re- bellion. Those sleek money-grabbers who quietly manage the bootleg and forged permit system, who bribe officers and subsidize press agents to condemn the law, are the chief criminals in the rebellion. They should be singled out for special punishment, and if there is a place on earth willing to receive such traitors they should be deported. Newspapers and magazines that become propagan- dists for law-breakers and encourage defiance of law, are aiders and abettors of the insurrection. There is a place always in this nation for those opposed to any law who are ready to use legal methods to repeal it, but there is no place under the Stars and Stripes for those who defy the law and encourage anarchy. Mr. William Jennings Bryan has paid his compli- ments to those so-called American citizens who go to Cuba, Bimini, the Bahamas, and other foreign territory, and use it as a base for defying the laws of their country, in this characteristic language: Statistics show that British territory on the north and just off the east coast of the United States is being used as a base for the wholesale smuggling of intoxicating liquors in this country. There is no more excuse for the use of the ad- jacent territory for conspiracies against the Prohibition law— a law carrying out the Constitution and sustained by the Supreme Court—than for the use of such territory for con- spiracies against any other law of the land. Piracy would 42 SELECTEDVARTICLES not be given protection under the British flag. Why should smuggling? The easiest way to punish such citizens is to withdraw citizenship from them when they leave the country for the purpose of violating their country’s laws. If they violate the laws while in this country they can be punished as crim- inals. Why should they receive the protection of their gov- ernment while conspiring against their country’s statutes? If they leave for that purpose, or while away become law- breakers, their return should be barred as we bar the en- trance of any other criminal. No government can live if it permits a rebellion to continue within its borders. A rum rebellion is as bad or worse than any other rebellion. Those who partici- pate in it not only menace the fundamental principles of geovernment, but they fight for a cause which debauches and demoralizes the citizenship of the Republic. Any citizen or group of citizen, or public officials who defy the law must be regarded as public enemies. No one in a democracy has any excuse for rebelling against the law because it interferes with his personal habits. In a mon- archy those who defy the laws, even though they have no part in making them, are summarily dealt with. Ina democracy, where every citizen has his chance to help frame the laws by majority rule, and can work for their repeal if so inclined, the obligation of loyalty and obedi- ence to law is infinitely greater even than in a monarchy. Rebellions must be suppressed—by force if necessary. Force, however, will not be necessary in order to sup- press the rum rebellion because an increasing number of those who oppose prohibition agree that it should be en- forced until it is repealed in an orderly manner. But the drys are confident that each year of enforced prohibi- tion will prove its benefits to the people so that the op- position will gradually die out. It is to be hoped that the government will not only continue and increase its activity to enforce the law, but also give its encouragement to a great patriotic campaign fo créate a larger respect for law. Obedience ftaniaw needs more emphasis at this time. This is a legitimate PROHIBITION 43 governmental function. Unless law is respected and en- forced the government itself must fail. All of our per- sonal and property rights are dependent upon the honest enforcement of law. Lincoln well said: “To violate the law is to tear the charter of your own and your children’s liberty.” Obedience to law is liberty. Violation of law is anarchy. This nation must choose which course it will follow. et DING il els OaVeces Certain anti-alcohol people were troubled when they found a peculiar little bottle in the hands of school boys in Ohio. The bottle itself is three inches high and an inch and a quarter across. It has a cork stopper, and the stopper has a bone top to it. A glass tube goes through the stopper, down into the contents of the bottle. A rubber tube stretches up from the top of the stopper. On the end of the tube is a bone mouthpiece through ~which the liquid in the bottle may be sucked up. The whole combination was packed in a small box which it fitted exactly, and on the box was a card which gave the name and address of the saloon from which it came. This bottle had passed from hand to hand and from mouth to mouth until the teacher found it. At that time it was half full of whisky. And what was the object of the bottle and its whisky? The following bit of his- tory answers the question, Several years ago the State Liquor Dealers of Ohio were gathered in Wirthwein Hall, Columbus, and one of the speakers had for his subject “How to build up the saloon business.” Among others things he said, “The success of our business is dependent largely upon the creation of appetite for drink. Men who drink liquor, like others, will die, and if there is no appetite created, our counters will be empty, as will be our coffers. Our children will go hungry, or we must change our business 1 By Frances Gulick Jewett. The Next Generation. p. 147-51. 44 SELECTED ARTICLES to that of some other more remunerative. The open field for the creation of appetite is among the boys. After men are grown and their habits formed, they rarely ever change in this regard. It will be needful, therefore, that missionary work be done among the boys, and I make the suggestion, gentlemen, that nickels expended in treats to the boys now will return in dollars to your tills after the appetite has been formed.” It was as if the man had said, “My friends, unless we can help ruin the boys by creating in them an appetite for alcohol, we ourselves must go out of business. We must destroy them for the sake of our individual pocket- books.” The man supposed he was talking to liquor dealers alone. He did not know that an anti-alcohol man was in the meeting, and that he was taking down shorthand notes of everything said. From his own point of view the speaking delegate was quite right. Unless boys can be secured,—unless they will consent to damage their own brains,—the liquor business of the world is doomed. Dr. Alexander Lambert shows this in a table of figures which he made out. While in Bellevue Hospital, New York City, he met and examined so many persons ruined by alcohol that he decided to find out how old they were when they began to drink. He received full answers from two hundred and fifty-eight persons. The table itself tells the rest of the story. AGE WHEN 258 PERSONS BEGAN THE ALCOHOL HABIT Betore the! ace tai pOwmereane dk Wak ian eee ee 4 Between G¥and 2 me ee nen ae ee ee 13 Betweeniit2 (andvaG7e rc rtice Watts. Phen ete 60 Betweenjl16:rand 22 Wavemakers te) tarae ral hese 102 Between (2r ang 430 tee ee rate een pe ener aE Afterithe avevot aC ayers ete nt ite eee 8 By this table we see that 69 per cent of those who had the alcohol habit, began to acquire it before they were twenty-one years old, and that only eight persons out of two hundred and fifty-eight began to use alcohol after they were thirty; that is, after they were fully mature. PROHIBITION 45 It is evident, then, that if a boy can keep free from the habit during the wonderful years between fourteen and twenty, he has a good chance of escaping altogether. Those who sell alcohol are bright enough to know this. They know that if they wish to continue their own pe- culiar kind of business, they must make sure of the boys. Their motto, therefore, seems to be “Gather in the boys and ruin them.” x a x ** ** xk It is as a moral question and a social problem that the author of the above article has discussed these two inci- dents, the incident of the bottle found in the possession of school boys, and the address at the state convention of liquor dealers. The legal significance of these inci- dents may be understood if we know that the laws of Ohio have included for many years the following sec- S10) Sentai i ate Section 12958. Whoever, being the keeper or person in charge of a saloon, beer-garden, or other place where intoxicating liquor is sold or offered for sale, knowingly permits a minor under eighteen years of age, not a member of his family, to enter and remain therein except on lawful business or accom- panied by his parent or guardian, shall be fined not less than five dollars nor more than twenty-five dollars, or imprisoned not more than ten days, or both. Section 12960. Whoever buys intoxicating liquor for, or furnishes it to a minor to be drunk by him, unless given by a physician in the regular line of his practice, shall be fined not less than ten dollars nor more than one hundred dollars or imprisoned not less than ten days nor more than thirty days, or both. Section 12961. Whoever sells intoxicating liquor to a minor, excepting on the written order of his parent, guardian, or family physician, shall be fined not less than twenty-five dollars nor more than one hundred dollars and imprisoned not less than five days nor more than thirty days. BRIER EXCERPTS History bears out the assertion that whenever restric- tion or prohibition of the liquor traffic is attempted, re- sistance, either politically or by force, is attempted. 40 SELECTEDVARLTICEES When South Carolina sought a solution of this trouble- some problem, and tried to solve it by passage of the Dispensary Law, the inevitable conflict with the whiskey element was expected, nor has the expectation been with- out fulfilment—Governor Benjamin R. Tillman. North American Review. 158: 513. May, 1894. Both Senator Harding and Mr. Cox coquetted [in the presidential campaign of 1920] with the subject [of prohibition]; but both of them said that this eighteenth amendment of the constitution would be enforced by them*1f they,were elected’) .t..\Theretcan be noedonbt at all that much of this new courage of the politicians 1s owing to the fact that the great centres of political cor- ruption, the public-houses or saloons, had disappeared from the scene.—Sir Arthur Newsholme. British Jour- nal of Inebriety. 19:98. January, 1922. The recent experience of Chicago with Sunday clos- ing is a striking example of unenforced state liquor legis- lation. The spectacle of one jury after another refusing to convict in the face of the plainest evidence is not at- tractive. A high regard for the sanctity of law is espe- cially necessary if life under urban conditions is to be tolerable. The present [1909] state of much of our liquor legislation is productive of anything but a law-abiding spirit— Augustus R. Hatton. Western Reserve Univer- sity Bulletin. 12: 114-15. November, 1909. In 1914 the Board of Temperance, Prohibition, and Public Morals of the Methodist Episcopal Church made an investigation to find out just how many more had paid the federal license to sell liquors than had paid state li- censes in wet states. There was an excess of 3,204 in Michigan, 2,105 in Rhode Island, 6,064 in Ohio, 11,150 in New York state, and 10,046 in Illinois. Practically every one of the people were doing a bootleg or blind- pig business. In every case they had no right to operate PROHIBITION 47 without a state license. In Pennsylvania at that time it is estimated that there were 30,000 blind-pigs.—Waulson and Pickett. The Case for Prohibition. p. 85-6. The brewers and saloons have for years selected the members of the Legislature, not only in Fort Wayne, but in all the cities of the state. Men are selected who can be relied upon by liquor and who also can be relied upon to obey the party and the boss, and rarely have the brew- ers selected the wrong man. . . . After years of sin- cere effort towards constructive reforms in government, and particularly large city government, I have become firmly convinced that the American saloon is a political evil which we can no longer tolerate. I know that it lies at the base of all our political turpitude. It cannot be regulated; it must be destroyed.—Theodore F. Thieme. Liquor and Public Utilities in Indiana Politics. May 10, IQI5. The liquor traffic has always been lawless and it seems to be the “nature of the beast.’’ A few vears ago Chicago had 7,151 saloons, each paying $1,000 yearly license. At the same time an investigation showed that there were some 2,500 disorderly houses, drug stores, and other dives where liquors were sold without license. The chief of police with the approval of the mayor noti- fied 1,800 of these places that they must pay license. The licensed saloons were all lawless: they ignored the Sun- day closing law, and the prohibition [by law] of the sale of liquor to drunkards and minors, and kept their back doors open [for business in violation of the law] on elec- tion day and holidays —Duwuncean C, Milner. New Repub- he. 32:109. October 18, 1922. A sketch of the dispensary, even a brief one, would not be complete without mention of Vincent Chicco, the kinewossthemeblind gtiversitin 70 sae Ghiccoy breaks? the law every day. He knows it. The people of Charleston 48 DELEGTEDGAR TICLES know it. Chicco breaks the law with the consent of the police authorities of the city. If the city police should be present when the state constables come down upon Chicco, they would not only not render them assistance, but would probably be glad to see them defied. Such is the condition all through South Carolina. ... With the present scandalous system, entailing political appoint- ments distasteful to all self-respecting people of the state and creating a contempt for all laws, South Carolina will continue to be one of the lawless states—Freeman Tilden. World Today. 11: 743. July, 1900. We have been slow as a people to realize that the man who drinks is a source of corruption in our political life, but at last we are fully awake to the fact that the saloon that caters to his tastes is a sinister power in politics. It provides him a social and political club house. The city and county committees of his political party meet in its back parlor. Candidates for office are nomi- nated in its barroom. ... No one denies that the Liquor Dealers’ Association controls, or did control, legislation in several of our states, and it has been often asserted and not infrequently believed that Congress has done the bidding of the Whisky Ring. Public opinion has become convinced that the saloon and its supporters are a cor- rupting force in our political and social life and for that reason alone, laying aside all other arguments, the manu- facture and sale of intoxicating liquor must be forbidden throughout the United States—IJmogen Bb. Oakley. An- nals of the American Academy. 109: 166-7. September, 1923. Considering the experience we have had for years in Ohio, I am of the opinion that we will never again have a fair square election in the state of Ohio until we put the liquor interest, as an interest, out of politics, and I am convinced we can only put it out of politics by put- ting it out of business. For years no political party has PROHIBITION 49 been able, nor will any political party ever again be able to go before the people on important issues involving fundamental principles of government, the perpetuation of the traditions of party and country, upon which per- chance the destiny of the state, the nation, the rights of citizens and even the liberty of men may depend, with the liquor in that business, as it has been with those in- terested in that business, as a class, insisting upon its right to control. The experience of the last campaign more particularly, however, than any of the many, many others convinces me that this situation is intolerable-— Honorable H. M. Daugherty. Columbus, O. Pamphlet No. 1, p. 3. November 29, 1916. Earlier than slavery and most persistent of all issues attacking the right of the majority to determine the so- cial policy of the Government were the liquor problems. Disguised under various forms of camouflage, posing as advocates of personal liberty, resisters to unjust taxation, supporters of vested and traditional rights, those who profit by the degradation of their fellow-men have broken the law and assailed the law-making power since the na- tion was founded. The first great rebellion of the rum interests occurred in Western Pennsylvania in 1794, when 7,000 armed and provisioned men, after two years of violence, murders and riots, marched upon the city of Pittsburgh. They were dispersed before reaching Fort Pitt. The rebellion rapidly developed until all law was disregarded. The insurgents were believed to number 16,000 men. The United States judge for the district appealed to President .Washington, who in person traveled to Pennsylvania, put himself at the head of troops from New Jersey, Maryland, Virginia and Pennsylvania, organized them and then placed General Harry Lee in command.... From that time until the pre- sent the attitude of the liquor interests has been against any laws that restricted or limited the liquor trade.— Wayne B. Wheeler. Current History. 18:7. August, 1923. 50 SELEG TE DEAR SIGCLES When we looked into the saloon question before, the criticism was made that we only examined the down town barrooms. So we covered a wide territory this time. We visited 1,630 saloons a week ago today. (Sun- day, December 10, 1911). . . . Out of 345 saloons visited in the heart of Cleveland we found only two closed) 7.07. "In the outlying Mdistricts? “ouneaaien found 95 per cent of the barrooms doing a humming business (in violation of the state law). . . . Out of 1,630 saloons visited by the investigators, 1,534 were found to be wide open and doing a thriving trade (in violation of the state law). ... Out of the 96 saloons found closed, fifty-four were seen between two and three o'clock in the afternoon when business is dull. If these fifty-four had been visited after five o’clock in the after- noon, doubtless we would have had almost a unanimous report... . We were surprised to find many young girls in these bar rooms on the sabbath evening (in violation of the state law)... . Throughout the city saloon cash registers were clicking lustily and music (in violation of a city ordinance) was going at full blast in not a few places. ... Children were lugging out filled bottles, prob- ably to take home to their parents... . And one thing was very noticeable to our investigators. The police were conspicuous by their absence from the saloon neighborhoods. . . . In most of the places there were from three to fifty customers.—kev. Dr. H. W. Pilot, Chairman of the Baptist Vice Committee, m a report to the Baptist Brotherhood of Cleveland. Cleveland Plain Dealer. December 18, 19g1T. Determination to carry on their warfare against Sun- day saloons, and a resolve to make officials enforce the Sunday closing law, was manifest last night at the an- nual banquet of the Baptist Brotherhood. . . . The report covered the work of the brotherhood for fifteen months. . . . “Mayor Newton D. Baker informed 3) us,’ says the report in quoting the chief executive, that PROHIBITION 5I “T will ask you not to send me communications as the Baptist Brotherhood—I don’t care how many of you co- operate—because it seems to me that the Baptist Brother- hood hasn’t any more right, as a Baptist Brotherhood, to suggest measures for the city government, than the city government would have to suggest measures for the fevmliGu POteatiew bad liste toLnerboodis “sins We called on Fred Kohler (Chief of Police) and gave him a copy of affidavits and statements which he threw in the waste basket. We asked the chief’why he did not close the saloons on Sunday, to which he gave no direct an- swer. During the first hour of this interview Chief Kohler was very abusive and refused to give any re- spectful consideration to our request. Later he indicated to us his views on the subject, saying, ‘the laws are like drugs and should be kept on the shelves, just as a doctor keeps drugs, to be used only when necessary.’ ” In the five cases tried before Mayor J. R. Migenires éf Fast Cleveland, the report says, the higher court sus- tained the ruling of the Mayor’s court as to the guilt of the offenders and the fines were upheld.—Cleveland Plain Dealer. February 19, 19173. IVY SOCIAL, RESULTS OF ALCOHOE AS) A BEN BRAGE alte nea) NIUE) Ges ee, VA Ne VLC Drunkenness is the monarch of all human vices. Other evils are its mere satellites. It permeates and poisons and rots every department of life and every avenue and faculty of the human body. Once in a dis- tant age intoxicating liquor was the supposed instrument of fellowship and good cheer. It is now the debased and adulterated instrument for the exploitation for profit and the promotion of personal vices. It has grown to astounding proportions. The longer it continues, the greater its evil and the more potent its strength. It has entrenched itself with human avarice and become its ally to exploit the pitiable weakness of humanity to accumu- late fortunes. The men who have made it their instru- ment of pecuniary gain have assumed to control political parties, to threaten candidates, to decide elections, to administer civil government, to make new laws, to pro- mote profitable evils and contemptuously to break exist- ing laws they cannot repeal. The liquor interests have written their own indict- ment, and accumulated the evidence justifying their own extinction. The breweries have been asked for years to cease to promote the disreputable and irresponsible sa- loon keeper. They have been asked to clean up the vicious resorts that have been a bane and a menace to decent communities. Their reply was a sneer and the statement that it was the brewer’s business to make and sell beer. Whisky has been denounced as a dangerous beverage and restraints demanded for more than half a century. 1 By Senator Lawrence Y. Sherman. Congressional Record. 55: 5645-6. August 1, 1917. 54 SELECTED AKT ICCES The answer has been opposition or abuse of those who would regulate as well as those who would prohibit. All who have asked that present laws be obeyed have been stigmatized as fanatics, and fresh infractions of regulatory laws have followed every effort for their en- forcement. Wine growers have been advised of the evils gathering about their heads. They, too, have been deaf to the developing hostilities of this generation to 1n- toxicating liquor. If they are caught in the whirlpool of an aroused and righteous indignation, they will but suffer the penalty resulting from their indifference or open sympathy with the more culpable of their kind. A busi- ness whose system is lawlessness and whose finished pro- duct is a drunkard ought to have no lawful abiding place in this republic. It is an outlaw measured by its prac- tices, and a criminal tested by its results. A business that will not be regulated by law must at last be destroyed by law. The traffic in intoxicating liquor has refused to be regulated, and therefore earned the penalty of legislative extinction. Its promises of reformation are tc be weighed in the light of its past performances. ‘he breweries’ efforts to reform the saloon keeper are to be measured by their creation of his disreputable kind. THE SUM POE eae Val Wie ea Na I am aware that there is a prejudice against any man who manufactures alcohol. I believe that from the time it issues from the coiled and poisonous worms in the dis- tillery until it empties into the jaws of death, dishonor and crime, it demoralizes everybody that touches it, from its source to where it ends. I do not believe anybody can contemplate the object without being prejudiced against the liquor crime. All we have to do is to think of the wrecks on either bank of the stream of death, of the suicides, of the in- 1 By Robert G. Ingersoll. Commoner. 13:13. July 11, 1973. PROHIBITION 55 sanity, of the ignorance, of the destitution, of the little children tugging at the faded and withered breast of weeping and despairing mothers, of wives asking for bread, of the men of genius it has wrecked, the men struggling with imaginary serpents, produced by this devilish thing; and when you think of the jails, of the almshouses, of the asylums, of the prisons, of the scaf- folds upon either bank, I do not wonder that every thoughtful man is prejudiced against this damned stuff called alcohol. Intemperance cuts down youth in its vigor, manhood in its strength, old age in its weakness. It breaks a father’s heart, bereaves the doting mother, extinguishes natural affection, erases conjugal love, blots out filial attachment, blights parental hopes, brings down mourning age in sorrow to the grave. It produces weak- ness, not life. It makes wives widows; children orphans; fathers fiends, and all of them paupers and beggars. It feeds rheumatism, invites cholera, imports pestilence and embraces consumption. It covers the land with idleness, misery, crime. It fills your jails, supplies your alms- houses and demands your asylums. It engenders con- troversies, fosters quarrels and cherishes riots. It crowds your penitentiaries and furnishes victims for your scaffold. It is the life blood of the gambler, the element of the burglar, the prop of the highwayman and support of the midnight incendiary. It countenances the liar, respects the thief, esteems the blasphemer. It vio- lates obligation, reverences fraud and honors infamy. It defames benevolence, hates love, scorns virtue and slan- ders innocence. It incites the father to butcher his help- less offspring, helps the husband to massacre his wife and the child to grind the patricidal ax. It burns up men, consumes women, detests life, curses God, despises heaven. It suborns witnesses, nurses perjury, defiles the jury box and stains judicial ermine. It degrades the citizen, debases the legislator, dishonors the statesman and disarms the patriot. It brings shame, not honor; 56 SE CECT HD TARAIGUES misery, not safety; despair, not hope; misery, not happi- ness, and with the malevolence of a fiend it calmly sur- veys its frightful desolation and unsatiated havoc. It poisons felicity, kills peace, ruins morals, blights confi- dence, slays reputations, and wipes out national honor, then curses the world and laughs at its ruin. It does all that and more. It murders the soul. It is the sum of all villainies, the father of all crimes, the mother of all abominations, the devil’s best friend and God’s worst enemy. THESGREAWSDES TROY ERs ALCOHOL IN HISTORY History is a record of a sad procession of world tragedies. Nations and empires in turn have risen to greatness only to fall. Before the deathblow was struck from without the evidence shows in every case the ra- vages of a titanic destroyer within, under whose opera- tions the vitality and strength of the nation were sub- merged in a general degeneracy. For centuries the world’s philosophers and historians have looked on appalled, overwhelmed. Only in the last few years has science taken up the question. Following her patient, rigid methods, under which nature and life have slowly yielded up their secrets, science has at last cleared up the mystery and identified the Great Destroyer as alcoholic poisoning. THE DISCOVERY The discovery, like most great discoveries, came about almost by accident. During the Boer War it was found that the average Englishman did not measure up to the standards of recruiting and the average soldier in 1 By Captain Richmond P. Hobson. Congressional Record. 46: 1867-73. February 2, 1911. PROHIBITION 57 the field manifested a low plane of vitality and endur- ance. Parliament, alarmed by the disastrous . conse- quences, instituted an investigation. The commission appointed brought in a finding that alcoholic poisoning was the great cause of the national degeneracy. The in- vestigations of the commission have been supplanted by investigations of scientific bodies and individual scien- tists, all arriving at the same conclusion. As a conse- quence, the British government has placarded the streets of a hundred cities with billboards setting forth the de- structive and degenerating nature of alcohol and appeal- ing to the people in the name of the nation to desist from drinking alcoholic beverage. Under efforts directed by the government the British Army is fast becoming an army of total abstainers. In the summer of 1909 an international conference on alcoholism was held in London, to which most of the great nations sent scientific men or delegates. Compar- ing the results of investigation made in all parts of the world, finding that these results agreed, representive medical leaders of the conference drew up a report in the form of a statement defining the nature of alcohol as follows: Tue NATURE oF ALCOHOL Exact laboratory, clinical and pathological research has dem- onstrated that alcohol is a dehydrating, protoplasmic poison, and its use as a beverage is destructive and degenerating to the human organism. Its effects upon the cells and tissues of the body are depressive, narcotic, and anesthetic. Therefore, therapeutically, its use should be limited and restricted in the same way as the use of other poisonous drugs. It is to be noted that the investigation has been con- clusive. The question has passed beyond the experimen- tal stage, beyond the stage of theory, and is a demonstra- tion that is final, like the demonstration that the world is round and not flat. 58 SEUCEC LED MAR BIGLES ALCOHOL A PoISON The last word of science, after exact research in all the domains, is that alcohol is a poison. It has been found to be a hydrocarbon of the formula C,H,O, that | is produced by the process of fermentation, and is the toxin, or liquid excretion or waste product, of the yeast or ferment germ. According to the universal law of biology that the toxin of one form of life is a poison to all forms of life of a higher order, alcohol, the toxin of the low yeast germ, 1s a protoplasmic poison to all life, whether plant, animal, or man, and to all the living tissues and organs. The alcohol toxin not only has a poisoning effect of its own in every case, but in addition, through lowered vitality, the organs and tissues are opened to attack from other sources. ALCOHOL THE CAUSE OF DISEASE The results can be illustrated by taking the effect of alcohol on the white blood corpuscles, the wonderful standing army of the system, whose organized hosts, mil- lions strong, attack and destroy the hordes of disease germs of all kinds that are constantly entering the system through the air we breathe, the food and drink, and through abrasions of the skin. These disease germs, seeking a lodgment, germs of tuberculosis usually in the lungs, germs of typhoid in the intestines, each kind in its favorite organs or tissues, are constantly under assault from the armies of the corpuscles. It the latter win from the outset the germs are thrown off. If the germs win at first they get a lodgment and multiply, and the person contracts the diseases. If by repeated assaults the cor- puscles finally win, the patient recovers. If the multi- plying hordes of germs win, the patient dies. Nearly all the diseases of mankind and nearly all the deaths hang upon the vitality and vigor of the white blood corpuscles. PROHIBITION 50 One DrINK MAKES THE WHITE BLoop CoRPUSCLES DRUNK Under the microscope it was found that even a mo- derate drink of alcoholic beverage passing quickly into the blood paralyzes the white blood corpuscles. They behave like drunken men. In pursuit they cannot catch the disease germs. In conflict they cannot hold the dis- ease germs for devouring, and they cannot operate in great phalanxes, as they do when sober, against such powerful germs as those of consumption. Every time a man takes a drink of alcoholic beverage he lays himself open for a time to contracting diseases. Every time a man takes a drink he puts his life in peril. No wonder the mortality statistics show, as they do, that a total abstainer has nearly twice the security and hold on life that the average drinker has and about three times the hold of heavy drinkers and those engaged in the liquor traffic. If the drinks are repeated, the microscope shows that the fighting powers of the white blood corpuscles are permanently impaired, even when they are not actually drunk. This accounts for the lowered vitality of regu- jar drinkers, even though temperate. After long-continued drinking, even though temper- ate, the microscope shows that the white blood cor- puscles, with the serum which contains their vegetable food continually sucked up by the dehydrating toxin, become carniverous, and begin to feed upon the tissues and organs like disease germs. The favorite tissue food of the degenerate corpuscles are the tender cells of latest development. In the human being the latest development is the brain. The microscope shows the degenerate cor- puscles, with the goods upon them, down in their bodies the gray matter of the brain. This accounts for the tre- mendous mortality among heavy drinkers and for the degeneracy that will be referred to later. 60 SELEGPEDY AKDIGLES THE GREAT DESTROYER It is difficult to say in any particular case whether having alcohol in the system caused a patient to take a disease or caused a patient to die, and “alcoholism” at- tributed to men who die in delirium tremens is the only record of death ordinarily kept against alcohol. But the British government, in conjunction with English life in- surance companies, from the records of millions of cases, has been able to determine the death rate of total ab- stainers and of those who drink. Statistics compiled by insurance companies show that the death rate for the population at large is one thousand deaths per year out of every 61,215 of the population, and that the death rate of total abstainers is five hundred sixty per year out of the same number, and for liquor dealers sixteen hundred forty-two deaths per year out of the same number. These figures, resulting from many millions of cases, can be taken as accurate. They show that four hundred forty deaths out of every one thousand deaths, nearly one-half of the deaths that occur, are due to alcohol. Applied to this country, over six hundred eighty thousand deaths per year in continental United States, or over seven hundred twenty-five thousand per year in the United States and its possessions. In other words, alcohol is killing our people at the rate of nearly two thousand men a day every day in the year. ALCOHOL TEN THOUSAND TIMES More DESTRUCTIVE THAN WAR The Army War College at Washington made an in- vestigation of the destructiveness of war. Taking all the wars of the world, from the Russo-Japanese War back to 500 B.C., the War College found that the total num- ber of killed and wounded in battle amounts to about two million, eight hundred thousand of which it is esti- PROHIBITION 61 mated that about seven hundred thousand were killed and something over two million wounded. The comparative figures show the appalling fact that alcohol is killing off as many Americans every year as all the wars of the world have killed in battle in twenty-three hundred years. Applied to the whole white race, we find that alcohol is killing three million, five hundred thousand white men every year, five times as many as have been killed in war in twenty-three hundred years; so that, stated mathe- matically, alcohol is ten thousand times more destructive than all wars combined. No wonder the governments investigating the subject have found that war has been only a secondary cause of national decline, and that al- cohol has been the real destroyer that has overthrown all the great nations of the past and is now undermining the great nations of today. ALcoHoL’s WouNDED Topay ARE More THAN ONE Hunprep MILLION WHITE MEN The figures of the British government and English life insurance companies as to the effect of drinking on longevity are stated as follows: If a young man at the age of twenty is a total ab- stainer and remains a total abstainer, his prospect of life is forty-four years and he will live to the average age of sixty-four, but if he is a temperate regular drinker his prospect of life will be thirty-one years and he will live to the average age of fifty-one, after losing thirteen years out of his life. If he is a heavy drinker, his pros- pect of life is fifteen years and he will die at the average age of thirty-five, after losing twenty-nine years out of his life. Conservative estimates place the number of confirmed drunkards in the United States at something over one million, of whom three hundred thousand die every year; the heavy drinker at over four million; and temperate regular drinkers at over twenty million. A 62 SELEGREDTARTIGLES soldier wounded in battle and losing ten years of his life as a consequence would be classed as seriously wounded. The confirmed drunkards and heavy drinkers together, five million in number, must be looked upon as mortally wounded and the temperate regular drinkers as seriously wounded, making “a total of over twenty-five million Americans wounded by alcohol today, more than ten times as many as were wounded in all the battles of the world since the dawn of history. The estimates for the white race make over one hundred and twenty-five million white men today wounded by alcohol. If a great military power were to declare war on un- prepared America today every patriotic heart would be filled with anxiety. I know the full significance of war, especially when a nation is unprepared. But if I had the choice of having alcohol continue its deadly ravages with the nation at peace or of having it wiped off the face of the land with a declaration of war by all the nations of the earth, | would not hesitate for a moment; I would take sober, undegenerate America and face the combined world in arms. ALCOHOL DEGENERATES The full ravages of alcohol are not measured even by the appalling list of killed and wounded. War kills and wounds; alcohol kills and wounds ten thousand times more than all war combined, and in addition it degener- ates. Its toxin attacks with special virility the young, tender cells associated with evolution. A plant or vege- table or fruit steadily evolving some color or form under the process of cultivation when watered with water to which a small quantity of alcohol is added will quickly cease to evolve and will lose the color and form and re- vert backward toward the condition when it grew wild. If a young domestic animal is brought up on a fare to which a small ration of alcohol is added by the time it PROHIBITION 63 is grown it will lose those qualities acquired in domes- ticity. THE CuRSE OF THE RED MAN AND BLAcK MAN If a peaceable red man is subjected to the regular use of alcoholic beverage, he will speedily be put back on the plane of the savage. The government long since recog- nized this and absolutely prohibits the introduction of al- coholic beverage into an Indian reservation. If a negro takes up a regular use of alcoholic beverage, in a short time he will degenerate to the level of a cannibal. CONQUERS THE NosBLest WHITE MEN No matter how high the stage of evolution, the result is the same. A white man with great self-control, con- siderate, tender-hearted, who would not willingly harm an insect, will be degenerated by regular use of alcoholic beverage to the point where he will strike with a dagger or fire a shot to kill with little or no provocation. THE OVERSHADOWING CAUSE OF CRIME, PAUPERISM, AND INSANITY Though at first a tender, loving husband and parent, he will degenerate to the point where he will be cruel to his own flesh and blood. It 1s conservatively estimated that 95 per cent of all the acts and crimes of violence committed in civilized communities are the direct result of men being put down by alcohol toward a plane of savagery. The degenerating process strikes at the integ- rity of the reason and is the chief cause of idiocy and in- sanity. It wipes out self-control, self-respect, the sense of honor, the moral sense, and produces the bulk of tramps, paupers, vagabonds. 64 SELECTED VARTICLES DeEeFIES NATURE AND NATURE'S GOD In every living thing there is the evolutionary im- pulse to rise and progress. In the human family man is not changing much in his physical nature, but is evolv- ing chiefly in his nervous system, building up those dell- cate centers of the brain upon whose activities rests the moral sense. Nature is trying to produce men of high character, a race of true, noble men. Alcoholic bever- ages even in moderation reverse the processes of nature and set back the purposes of creation. Brincs NATURE'S CurSsE—BLIGHTS PROGENY Nature is pitiless when her processes are reversed. She abhors degeneracy and will not tolerate its perpetu- ation. With parents properly mated and undegenerated the offspring will multiply and be higher and nobler in each succeeding generation. But woe to the offspring if the parents degenerate themselves. Nature will blast the progeny and everything associated with its production. BLIGHTS THE FRUITING OF PLANTS AND THE OFFSPRING OF ANIMALS Upon a fruit tree watered with alcohol mixed with the water the fruit will fall untimely. With animals the law is the same. Scientists selected from a litter of spaniels two little brothers exactly alike in infancy and brought them up, one as an alcoholic and the other as a total abstainer, giving the former only a small quantity of alcohol with his food, about equivalent in proportion to what benighted parents often give their children in beer or light wine mixed with water. From another litter of spaniels they selected two little sisters exactly alike in infancy, and brought them up in the same way, one as an alcoholic, the other as a total abstainer. When the four dogs were grown they were mated, the two alcoholics PROHIBITION 65 together, and the two total abstainers together, and the process was repeated. The two mothers and the off- spring were placed under close scientific observation Extraordinary phenomena set in with the alcoholic mother. She experienced difficulties and accidents, suf- fered great travail in birth and finally died in pupbirth with the fifth litter, a phenomena unknown before. Many of her offspring were born dead. Many of them died in infancy, and of those that survived only 17.3 per cent were normal. The little abstaining mother had no such experience, she bore large litters of healthy, strong pups, of which 90.5 were absolutely normal. BLIGHTS THE PROGENY OF MAN The same inexorable law holds for man as for ani- mals and plants. A scientist having investigated more than eight hundred cases, announces that of children born to alcoholic parents, one of every five will be hope- lessly insane, one out of three will be hysterical or epilep- tic. More than two-thirds will be degenerate. Another scientist located ten large families in which both parents were alcoholic, and in the same localities, with other con- ditions practically the same, ten large families in which both parents were total abstainers. Of the fifty-seven children of the alcoholic parents, ten were deformed, six were epileptic, six were idiotic, twenty-five were non- viable, only 17 per cent were normal, 83 per cent being abnormal. Of the sixty-one children of the total abstain- ing parents, 10.5 per cent only were abnormal, and these chiefly backward, while 89.5 per cent were absolutely normal. Seventeen per cent were normal in the one case. and 89.5 per cent in the other case, a difference of 72.5 Detecciit. Parents by becoming alcoholic will sacrifice three- fourths of their children on the altar of drink. 66 SHIVER GAD MAN TU Bs ALCOHOL THE CURSE OF THE PERILS OF CHILDBIRTH AND THE DANGER OF RACE SUICIDE Another scientist after wide investigation has found that in only 1 per cent of cases do accidents occur in ma- ternity to mothers where the parents are total abstainers, while 5.25 per cent occur where the parents are regular temperate drinkers, and 7.32 per cent where the parents are heavy drinkers. In the case of total abstaining parents the deaths in infancy among their children will be 13 per cent; in the case of temperate regular drinkers 23 per cent, and heavy drinkers 32 per cent. Of the children of drinkers 10 per cent will have consumption, of the children of total abstainers, only 1.8. Those who drink alcoholic beverage should realize the terrible price they pay. For even temperate regular drinking, they in- crease over 400 per cent the chances of accidents in maternity. They nearly double the chances of their chil- dren dying in infancy, and they undermine the health and normality of those that survive. A man may take chances with himself, but if he has a spark of nobility in his soul, he will take care how he tampers with a deadly poison that will cause the helpless little children that he brings into the world to be deformed, idiotic, epileptic, insane. THE ONty RATIONAL LIFE In the light of the truth that every drink endangers health, the terrible truth that alcohol destroys and de- generates, and that it blights progeny, there can be from the standpoint of the individual but one rational course of life with regard to this deadly poison, and that is a life of absolute, total abstinence. The standpoint of the individual is not the only stand- point from which this great destroyer must be examined. His blight is as deadly for society as it is for the individ- ual. We must examine him from the standpoint of the state. PROHIBITION 67 Destroys Over HALF THE NATION'S WEALTH From conclusions drawn from scientific tests re- ferred to above, it is conservative to estimate that the heavy drinkers and confirmed drunkards in the United States have their productive efficiency lowered at least 75 per cent; that the temperate, regular drinkers, who drink alcoholic beverages every day of their lives, suffer a loss of productive efficiency of fully 50 per cent; that the occasional drinkers suffer a loss of fully 10 per cent. This is what Dr. Aschaffenberg proved by his famous test of four German typesetters—drinking men—who averaged a tenth more work when they drank nothing for a day than when they drank even one ounce of al- cohol at home in pure wine or beer (the equivalent of over 5 per cent loss to the nation). The wide use of al- coholic beverage I estimate as causing a loss of fully 21 per cent in the efficiency of the nation’s producers. The production of wealth is at a rate of about $32,000,000,000 yearly ; the loss due to lowered efficiency, conservatively estimated in round figures, is therefore fully $8,500,000,- QOO. Economic Loss or THoseE WHo Arr KILLED It is estimated that each one of the 700,000 men cut off untimely every year by alcohol would have, sober, an economic value of $8,000, making a loss of $5,600,000,- 000. The nation last year on account of the lowered effi- ciency of its producers and the death list was over $14,- 000,000,000 short in its productiveness. Instead of pro- ducing only $32,000,000,000 of wealth, we would have produced without alcohol over $46,000,000,000. THE BuRDEN OF CRIME, PAUPERISM, AND INSANITY It is estimated that the cost of providing for the added crime, pauperism, idiocy, and insanity produced by alcohol in the United States paid for by direct taxation exceeds $2,000,000,000 per annum: 68 SELECTED BAR EICUES THE TotTaL Liquor BILL The people of the United States last year consumed more than two and one-half billion gallons of alcoholic beverage, paying for same nearly $2,000,000,000, making a total loss of above $16,000,000,000. ALCOHOL DISINHERITS THE NATION Summing up the economic losses from the lowered efficiency of our producers, from the death list, from the costs of crime, pauperism, and insanity, and from the liquor bill, the total economic burden laid upon the na- tion by King Alcohol is between sixteen and seventeen billions of dollars, more than half of all the wealth pro- duced by the nation. If our national government in a year appropriates $1,000,000,000, though for purposes of uplift, it is criticized for the burdens laid upon the people. Here in alcohol we have a ruler that puts upon us a burden of $16,500,000,000 for purposes of destruc- tion and degeneracy. It is not difficult to see the duty of the state. Ifa foreign invader landed on our shores and disinherited the people of a single country, the nation would be up in arms. Here is a foe that has come upon us and is taxing us for more than the values of all the products of all our farms, all our forests, all our mines, all our fisheries; equivalent to taking from our people all that mother earth produces on land and water combined. What shall be the attitude of the state in face of a foe that has dis- inherited the whole nation? Clearly the state has not only the clear right but the bounden duty to take up arms and expel the foe. ALCOHOL 1S DESTROYING THE CHARACTER OF THE NATION But even this terrific economic loss is but a small part of the ravages of this destroyer. As seen above, PROHIBITION 69 alcohol attacks the line of evolution more than any other line. In the case of man the line of evolution is in mor- al advancement—what in any individual may be termed character. Therefore the loss of character must be far greater than the economic loss. We found the economic loss to be fully 21 per cent. If character could be mea- sured by percentage, we would have to estimate the loss in average character of the nation as fully 50 per cent. Looking upon a nation as climbing a ladder of evo- lution, alcohol, like a millstone, drags it halfway to the bottom. The full significance of this drag appears when we realize that upon the average standard of character of its citizens must rest the institutions of a nation. It has become an axiom of history that if the average stan- dard of character is below a certain minimum level, a nation cannot enjoy self-government. LIBERTY IS AT STAKE In our great cities like New York, Chicago, Philadel- phia, the ravages upon the average character have been so great, so many degenerates have already been pro- duced, that the degenerate and corruptible vote not only holds the balance of power between the two great politi- cal parties and can dictate to both, but actually holds a majority of the votes, so that honest and efficient self- government as a permanent condition is now impossible. As young as our nation is, the deadly work of alcohol has already blighted liberty in our greatest cities. At the present rate of the growth of cities over coun- try life, if no check is put upon the spread of alcoholic degeneracy, the day cannot be far distant when liberty in great states must go under. It will then be but a ques- tion of time when the average standard of character of the nation’s electorate will fall below that inexorable minimum and liberty will take her flight from America, as she did from Greece and Rome. 70 ,oLLECTED | ARTICLES The overthrow of liberty in America would be a sad event for the world. If free institutions cannot stem the flood of alcoholic degeneracy in this land, there is little hope for other lands; if the average standard of charac- ter sinks too low for liberty here, if in the face of alco- hol liberty cannot be preserved in America, it cannot anywhere else. If King Alcohol continues his trium- phant march, crushing the character of our citizens, he will make a short cut to blighting the liberties of man- kind. The state has a right and a duty to protect its free institutions. One of the main objects for which a state exists is to promote the development of character of its people. In the premises, therefore, it has not only the right but the bounden duty to put an end to the ravages of this destroyer. THE SALOON IS AN ASSASSIN Last year, on an average, each saloon in the United States was the cause of the death of three men. This year each saloon, on the average, will kill three men. Each saloon in the United States, on an average, now has twenty men made heavy drinkers or drunkards, who are mortally wounded. Each saloon, on an average, has one hundred men made regular drinkers, who are seriously wounded. Speaking for myself, I feel no bitterness against those engaged in the liquor traffic. They are in business by the consent of the government, which shares the spoils. The government belongs to all the people. The blame for the business is to be laid at the doors of all the people who have not done their utmost to destroy it. In the full light of the facts, I cannot look upon any saloon otherwise than as an assassin, the most barbarous, atrocious of assassins. It is vain to plead that the men who drink are responsible for the slaughter. They drink because the drug is kept in their presence. No amount of suffering will cause them to stop, or will warn others PROHIBITION 71 away. Meat with strychnine placed along the street will kill the dogs. No terrible examples will have any effect. The fact of the poisoned meat being placed on the street is the cause of the destruction. hen this remarkable, seductive poison of alcohol is placed along the streets in saloons, men will take it. The fact of its being on the street is the real cause of its being taken. Irrespec- tive of the question of the responsibility for its existence, the saloon is fundamentally an assassin. The first duty assumed by any government is the pro- tection of the lives of its citizens. To any civilized gov- ernment the life of its citizens is sacred. It is incredible that the governments of the world should continue in league with assassins. When the true nature of alco- hol becomes better understood, no community will longer tolerate these assassins, who take their stand on the cor- ners and up and down the squares of our cities. In the premises the state has not only the right but the bounden duty to put an end to this wholesale assassination. THE NATIONS Lire ITSELF AT STAKE The menace of this destroyer extends yet further, to the very life of the nation itself. In the rural life of the country, the people do not have the poison continually in their path, so in spite of unusual hardship the great law of evolution and progress causes numbers to increase and each generation to be higher than the previous. Thus it is that the great empires and enduring civilizations of history were all built upon rural life. A time comes, however, in the life of each nation when its citizens, hav- ing accumulated wealth, gather into cities to enjoy it. There the great destroyer does his deadly work. PREVENTS DEVELOPING A THOROUGHBRED RACE OF MEN With seductive mockery, the poison stands on the tables of the rich, of the families of high degree. De- generacy sets in forthwith. In all lands the great families 72 SHER CLEDPARGLELES rise only to sink back again. The royal and noble fami- lies of the Old World, the great families of America, might have gone on and produced a race of thorough- breds. But, alas! they count among them the most de- generate of all. It is not difficult to produce a thorough- bred race of corn. We can develop a thoroughbred race of horses or of dogs, but we cannot produce a thorough- bred race of men. The great destroyer strikes the fam- ilies down as fast as they rise. THE RISE AND FALL oF NATIONS AND EMPIRES The ravages, however, are not confined to families of high degree.- The bars of the saloons keep the poison in the presence of families of middle and lower degree. The whole population of the cities is stricken. Those who have moved from the country to the city begin to de- generate themselves, and their degeneracy is visited upon the offspring. In a few generations the community is flooded with degenerates and abnormals. Thus far, whenever city life has come to predominate, the nation has been doomed. Resting upon degenerates, its institu- tions have been blighted and sooner or later in the struggle for survival, when struck by a foreign foe, it has fallen never to rise again. ‘This is the sad history of Babylon, Nineveh, Tyre, Greece, Rome, Gaul. Rome made the deepest imprint on history because it was longest rural and frugal, and while undegenerate it con- quered the world, and upon the true principles of juris- prudence and justice reared a wonderful system of free institutions. But the Romans in turn gathered into their great city to be blighted, put up its crown at auction, and at last the empire was overthrown by the despised bar- barians. Any form of plant life can be made to rise and de- velop indefinitely; likewise, any type of animal life; but history records the sad fact that a nation, made up of the PROHIBITION 43 noblest type of all, the creature in the image of his Maker, only rises to fall. Pr Mb Ea Eee OUORTURAT PE IG2 Personally I have seen so much of the evils of the traffic in the last four years, so much of its economic waste, so much of its physical ruin, so much of its mental blight, so much of its tears and heartache, that I have come to regard the business as one that must be held and controlled by strong and effective laws. I bear no malice toward those engaged in the 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. I hate it for its cant and craft and false pretenses. I hate it for its commercialism. I hate it for its greed and avarice. I hate it for its sordid love of gain at any price. I hate it for its domination in politics. I hate it for its corrupting influence in civic affairs. I hate it for its incessant effort to debauch the suffrage of the country; for the cowards it makes of public men. I hate it for its utter disregard of law. I hate it for its ruthless trampling of the solemn com- pacts 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 tragedies 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; 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 has committed. I hate it for the homes it has destroyed. I hate it for the hearts it has broken. I hate it for the malice it has planted in the hearts of men— 1 By Governor J. Frank Hanly. Speech to an Indiana Republican State Convention. 74 SELECTED) ARTICLES 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 de- ferred, 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 blame- less 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 op- pression. BRIEF EXCERPTS Alcoholism in either of the parents is one of the most fruitful causes of crime in the child.—Havelock Ellis. The Criminal. p. 97. The baleful influence of alcohol is one of the best known and most transparent causes of crime.—Professor Gustav Aschaffenburg. Crime and Its Repression. p. 60. Excessive drinking lies at the root of a very large proportion of moral and physical misery.—Lady Astor. Journal of State Medicme. 30:118. March, 1922. Alcohol plays a relatively unimportant part in the production of certified insanity—Dr. Frederick W. Mott in Starling, Ernest H. The Action of Alcohol on Man. p. 212. Alcoholism and tuberculosis stand foremost amongst the conditions hampering human progress and limiting man’s happiness.—Dr. T. N. Kelynack. British Journal of Inebriety. 18:85. January, 1921. Massachusetts prison statistics show that 96 per cent of all criminals in our prisons in 1912 were intemperate PROHIBITION 75 by habit—From the Report of the Commission to In- vestigate Drunkenness in Massachusetts. January, 1914. PORTO: Nothing could show more clearly what gives the im- mediate impulse to assault and battery than the fact that two-thirds of all fights take place in, or in front of, a public house——Professor Gustav Aschaffenburg. Crime and Its Repression. p. 79. It is unquestioned that, in most countries, the worst sufferings inflicted upon women, children, and dumb animals are perpetrated under the influence of strong drink, for this is provocative of both cruelty and lust. —William Tallack. Penological Principles. p. 296. Intoxicating drink has been associated with prosti- tution from the earliest times. Through the pages of social history, alcohol figures as the evil genius of sex life almost from the beginnings of civilization.—W alter Clarke. Social Hygiene. 3:75. January, 1917. A careful scientist has called alcohol the indispens- able vehicle of the business transacted by the white slave traders, and has asserted that without its use this trade could not long endure—Jane Addams. A New Con- science and an Ancient Evil. p. 188. It was a distinguished French physician who said that alcohol prepares the bed for tuberculosis. To this statement British medical experience lends the entirety of its support.—Sir Thomas Oliver, M.D. British Jour- nal of Inebriety. 18:91. January, 1921. Intemperance is a proximate cause of a very large proportion of the crime committed in America. Fully three-fourths of all the prisoners with whom I have personally conversed in different parts of the country 76 SELECTED ARTICLES admitted that they were addicted to an excessive use of alcoholic liquors.—E. C. Wines. State of Prisons. p. 113. There are in Chicago a large number of “hang-outs”’ which are the meeting places of well-known professional criminals. The Committee has found one hundred of these, most of which were saloons and pool rooms.— Report of the City Council Committee on Crime of the City of Chicago. 1915. p. I0. All thinking people are agreed that the abuse of alcohol among civilized nations is directly or indirectly responsible for a large proportion of the crimes of vio- lence, of industrial inefficiency, of poverty and misery. —Dr. Frederick W. Mott in Starling, Ernest H. The Action of Alcohol on Man. p. ait. If I could have my way, I would wipe out every saloon. The saloon is the prolific source of nine-tenths of the misery, wretchedness, and crime, and is, more than we know, responsible for the social evil—Rev. Charles H. Parkhurst. New York Voice. January 16, 1896. Abundant evidence was given as to the intimate re- lation between alcohol and venereal diseases. Alcohol renders a man liable to yield to temptations which he might otherwise resist, and aggravates the disease by diminishing the resistance of the individual—Final Re- port of the Royal Commission on Venereal Diseases. One of the statements most frequently made is that the great majority of crimes are due to drink. It would be more accurate to say that most prisoners were under the influence of drink at the time they committed the breach of the law for which they have been convicted. The great majority are petty offenders——James Devon. The Criminal and the Community. p. 52. PROHIBITION vy; Alcoholized individuals procreate defective children. These in their turn, if permitted, continue the chain of the pathological condition. One such family is capable of throwing into the community dozens of useless or dan- gerous individuals, who, if capable of multiplying, will produce their like—Dr. Alfred Gordon. Interstate Med1- cal Journal. 23:430. June, 1910. We have attributed the abnormal increase of crim- inality and pauperism in the United States largely to an increase of intemperance. Alcoholic drink is esti- mated to be the direct or indirect cause of 75 per cent of all the crimes committed, and of at least 50 per cent of all the sufferings endured on account of poverty, in this country and among civilized nations.—H. M. Boise. Prisoners and Paupers. p. 137. It is claimed that in the United States the traffic of intoxicating liquors is, directly or indirectly, responsible [Ome MDCT mCCIIUnOMLNes DOVCLLY AMO /mpeLmcentuorwtne pauperism, 45.8 per cent of child misery, 25 per cent of insanity, 19.5 per cent of divorces, and 50 per cent of the crime. These are grave charges, and their truth has not been denied.—Philip P. Campbell. Congressional Record. 52:490-7. December 22, 1914. Many crimes are known to be committed by per- sons while intoxicated or because they are intoxicated, especially those against the person. But the majority of crimes are offenses against property, which for their success require other habits than those of the confirmed drunkard. Those who prey upon society as gangsters, burglars, pickpockets, and gunmen are far more likely to be drug fiends than alcoholics—John Koren. Alcohol and Soctety. p. 52. By the general concurrence of opinion of every civ- ilized and Christian community, there are few sources 78 SELECTED ARTICLES 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.—United States Supreme Court. 137. U.S. 56. 1890. The committee finds that the chief direct cause of the downfall of women and girls is the close connec- tion between alcoholic drink and commercialized vice. Women obtain liquor in palm gardens, wine rooms, saloons, and dance halls. To these places they are fre- quently taken by their companions and given liquor until their senses are deadened, after which the evil design sought is accomplished. After the first offense the career of a woman is apt to be downward at a rapid rate—Report of the Wisconsin Vice Committee (1914). p. 98. In the Commissioner’s consideration and investigation of the social evil, it found as the most conspicuous and important element in connection with the same, next to the house of prostitution itself, was the saloon, and the most important financial interest, next to the busi- ness of prostitution was the liquor interest. As a con- tributory influence to immorality and the business of prostitution there is no interest so dangerous and so powerful in the city of Chicago.—The Social Evil in Chicago [Report of the Vice Commission of Chicago, TODD app abLo. Twenty per cent of all cases of insanity, and more than half of the cases of suicide, owe their origin to alcohol. Where the use of alcohol is prohibited the num- ber of arrests for crime at once falls. During the recent terrible earthquake at San Francisco all places for the PROHIBITION 79 sale of alcohol were closed, and, despite the prevailing conditions of social anarchy, the average daily number of arrests for crime was only three. The very day the saloons were opened no less than seventy people were arrested, and this number was much increased on sub- sequent days.—Dr. Alexander Bryce. The Laws of Life and Health. p. 105. The following extract from the decrees of the Third Plenary Council of Baltimore [1884. Composed of arch- bishops and bishops of the Catholic Church in the United States.] is pertinent: “There can be no manner of doubt that the abuse of intoxicating drinks is to be reckoned among the most deplorable evils of this country. This excess 1S an unceasing stimulant to vice and a fruitful source of misery; vast numbers of men and entire fam- ilies are plunged into hopeless ruin and multitudes of souls are by it dragged headlong into eternal perdition.” —Senator Joseph E. Ransdell. Catholics and Prohibi- tion. p. 5. The American saloon has no conscience. It never did a good act or failed to do a bad one. It is a trap for the youth; a destroyer for the old; a foul spawning place for crime; a corrupter of politics; knows no party; supports those men for office whom it thinks can be easiest influenced; has no respect for law or the courts; debauches city councils, juries, and everyone it can reach; is powerful in the unity of its vote, and creates cowards in office. It flatters, tricks, cajoles, and deceives in order to accomplish its purpose; is responsible for more ruin and death than all the wars the nation has ever engaged in; has corrupted more politics, ruined more lives, widowed more women, orphaned more chil- dren, destroyed more homes, caused more tears to flow, broken more hearts, undermined more manhood, and sent more people to an early grave than any other influence in our land—William S. Kenyon. Congressional Rec- ord. 55:5039. August I, 1917. 80 SELECTED ARTICLES There is no doubt that alcoholism, though sometimes a mere symptom of some underlying mental disorder, is in a great number of cases the actual cause of insanity. Statistics in this connection are incomplete and often misleading, but here we are less concerned with the extent of the evil than with it characteristics. We find that the forms of mental disease which may be ascribed to alcohol show an extraordinary variety. As Sir George Savage said, when discussing the chances of recovery, “All things are possible to the alcoholic!” This state- ment holds good as regards the protean nature of the symptoms exhibited. But another point should be noted. Rarely does the clinical examination of a patient whose insanity is due to alcohol disclose symptoms which, in themselves, point clearly to alcoholic indulgence. Al- coholic insanity, with certain exceptions, is practically indistinguishable from insanity arising from other causes.—Dr, Bedford Pierce. British Journal of Ine- briety. 22:1-2. July, 1924. | V. THE PROHIBITION MOVEMENT HISTORICAI STATEMENT; Alcoholic liquors were in common use for beverage purposes at the beginning of recorded history. We do not know even approximately when the practice began, although some able writers, like Dr. Edwin F. Bowers in his book, “Alcohol, Its Influence on Mind and Body,” say it has been the custom for about thirty thousand years, or since the beginning of the agricultural period. This is probably as good a guess as can be made. The earlier beverages were the fermented liquors, for the process of distillation was first used in the eleventh century and it was not until the middle of the seven- teenth century that ardent spirits became at all common in Great Britain. Almost all the nations and peoples of the earth are familiar with alcoholic liquors and use them for beverage purposes. Almost as old as the use of alcoholic liquors have been the opposition to them and the efforts to prohibit or restrict their use. Senator Henry W. Blair in his book, “The Temperance Movement,” published in 1888 says that the manufacture and drinking of alcoholic liquors were prohibited by an edict of the emperor of China four thousand years ago. The struggle to keep Bacchus out expresses in the figurative way of the an- cient Greek language the struggle for prohibition that went on among the Hellenes of the classical times. To Mohammedan people the Koran speaks a commandment of absolute prohibition. To this country alcoholic liquors came with the first explorers and settlers. In 1535 Cartier feasted the 1 By Lamar T. Beman. 82 SELECTED “ARTICLES Indians with bread and wine on an island in the St. Lawrence river. Henry Hudson landed on Manhattan island with many of his men in 1609, met a group of Indians, and the whole party had a drunken carousal. The Mayflower brought liquor on its first trip to New England. In all of the settlements made in America liquors were in common use from the very beginning. In the early colonial days there were laws in almost every colony to restrict the use of liquors, to prohibit drunkenness and punish offenders, to license saloon keepers, to prevent adulteration, to fix the price so as to prevent over-charging, or to prohibit the sale to the Indians, to slaves, and in some cases to servants. So began the opposition to alcoholic beverages in America. It continued for three hundred years, gathering strength and momentum, until it culminated in national prohibi- tion by an amendment to the Federal Constitution. For two centuries this opposition was a matter of moral suasion with local restrictive measures far short of pro- hibition. Finally in 1808 the first temperance society was organized at Moreau, in Saratoga county, New York. For the next generation, as these temperance societies were being organized throughout the country, lectures, ser- mons, temperance songs, and the signing of pledges were used to teach people the harmful effects of alcoholic liquors and thus reform drunkards, warn the younger people of the dangers of the drink habit and keep them temperate. At first these societies advocated temper- ance, condemning all use of the stronger liquors and intemperate use of the milder liquors, but in the early thirties many of these societies were advocating total abstinence from all alcoholic liquors. State-wide prohibition has swept across this country in two great waves, the first of which began with its adoption in Maine in 1846. In the next decade a dozen other states followed Maine in enacting state-wide pro- hibition. All of these thirteen states were in the northern and eastern part of the country, Illinois and Delaware PROHIBITION 83 being the ones most remote from Maine. In most of these states the law was soon repealed and attention was diverted from the liquor question by the Civil War. Shortly after the beginning of the first wave of state- wide prohibition there was a constitutional convention in Ohio which drew up a new constitution and sub- mitted it to the voters for their ratification or rejection at a special election in June of 1851. As one section of this constitution, to be voted on separately, this conven- tion submitted the following, ‘““No license to traffic in intoxicating liquors shall hereafter be granted in this state; but the General Assembly may, by law, provide against the evils resulting therefrom.” These meaning- less words were approved by the voters and became sec- tion 9 of article 15 of the constitution of 1851, and re- mained a part of the constitution of Ohio until 1912. Ap- parently the voters thought the approval of this section would mean prohibition for the whole state, but such was not the case. While it is difficult properly to esti- mate the motives of the members of a convention that completed its labors more than three score and ten years ago, still it may be said that this seems to be a case of a temperance movement betrayed by its own leaders. Certainly it was said in the convention before final action was taken on this section, and said in lan- guage clear and unmistakable, that (1) the meaning of this section was not clear, and would have to be in- terpreted by the courts, (2) no ambiguous or indefinite language should be used in a constitution, (3) this sec- tion did not give the General Assembly any greater power than it would have if the section were omitted, (4) it might lead to the free and unrestricted sale of liquor, or at least make it difficult for the General As- sembly to enact any law to regulate the liquor traffic, and (5) possibly this section was a trap.’ Exactly the opposite effect of the Civil War on the 1 Report of the Debates and Proceedings of the Convention for the Revision of the Constitution of the State of Ohio, 1850-1851. Vol. 2, Pp. 713-14. 84 SELECTED (ARTICLES first wave of state-wide prohibition was produced by the World War on the second wave which began in 1907 in Georgia, and spread chiefly through the south and west until thirty states had been added to the three already on the prohibition list. Forty of the states, at one time or another, have adopted state-wide prohibition, several of them after- ward repealing it, and some of them later adopting it again. All of these facts are shown in the accompanying list. At the time the Eighteenth Amendment to the Fed- eral Constitution went into effect state-wide prohibition was the law in thirty-three states, or more than two- thirds of the states of the union, eighteen of them hav- ing written it into their constitutions. STATE-WIDE PROHIBITION Statutory or NO; State constitutional Adopted Repealed TM aine a tenn) fae tier ates Statutory 1846 1856 20 LU IN OLS Meri ere ieee. thats Statutory 1851 1853 ora Massachusetts w.cea.s «6 Statutory 1852 1868 AUN ORIT OL iia lea Cetera ee Statutory 1852 1903 Com RDOGe wm Slandi were cen Statutory 1853 1863 OWAMiehigane dive useet ee sae Statutory 1853 1875 7 (COMMECLICH iat lais tie ietalers Statutory 1854 1872 Qidelawa oe avertl het stae re Statutory 1855 1857 OM nda aera tata Statutory 1855 1858 TOUR LO Wass oe ton deco eee: Statutory 1855 1857 TT Ebraskaue ouster Statutory 1855 1858 i2” New Hampshire ses Statutory 1855 1903 E32 N EW jiViOLk Sten eeu be oe Statutory 1855 1856 TOM aine at nem ete arate Statutory 1858 TAM KansSasice tous ii ere Statutory 1867 aw Massachusetts maine Statutory 1869 1875 Svihnhode: island eeu Statutory 1874 1875 TAYE IC ONISAaS Soak one ees Constitutional 1880 1OmLOWat eee tant Constitutional 1882 1883 Te Mlaine * 4 ee a eae Constitutional 1884 TOMDLO Wale hyi cies a athe eet aera Statutory 1884. 1804 Ea OGe, Lslanid. ma aaae ne Contitutional 1886 1889 Logo outa akota manne Constitutional 1889 18096 TOWeNiorths Dakotat?.e wesc Constitutional 1889 I 7A eOrota 21) 0s. Pee Gna Statutory 1907 IS. Oklahoma sc. se eww Constitutional 1907 See notes 1, 2, 3 and * page 8s. PROHIBITION 85 STATE-WIDE PROHIBITION (Continued) Statutory or No. State constitutional Adopted Repealed Poreavamar. wb tala) eet Statutory 1908 IQII Soaav ort Carolina ys Ga Statutory 1908 UM NITSSISSIN DE crys ein) oh yoke Statutory 1908 BZVENTICSSEE?. (40. ohio: Statutory 1909 Bo MaVV ESP ia iroinia kek: Constitutional 1912 BAMMOTOTACO Mayen eae ale sayee Constitutional 1914 POMPEY PIMA ccna 6 eee lac Statutory 1914 UME VTIZOH ANT UR) ih) Oo Uomo ts Constitutional IQI4 QIN ECOOUVS Pie a caldce G04 '03 Sie Constitutional IQIA em VV ASHANETOTMIFy ve sicrs a ae) s Statutory IQI4 DO MOAT RONG asin, (aise eva ks Statutory IQI5 S08 lok Rake dete) hgh Boy Ae ap ea Statutory IQI5 TE LOM eae) ve cis suis, sleet Statutory IQI5 PURI ALTLA CLs Sh dae waiic ls alcholic t Statutory IQIS ime SOUT CG ATOLUTA Tc). ole Statutory IQI5 Ome Viichivan HPs sae a Constitutional 1916 REMC UT AS Kaci owe aks Constitutional 1916 Poe South Wakotay i... Constitutional 1916 SA MEIMOR TATA EN ott ae ses Constitutional 1916 OM LC AIIOM WE alos Tactile nid ste Constitutional 1916 BAP Aire eth y eas cseiee vs Statutory IOI7 OMIM Ago cate ence hee 8 Statutory IQI7 12° New Hampshire ...... Statutory 1917 aa) New Mexico *.....3..., Constitutional IQI7 GORI ODIC Ase mio ce .celn ce sitivl ats. s Constitutional 1918 COMC)IELO a ontae hee) a ee anata ernie’ s Constitutional 1918 AMEN VOUIING Cis Ser). Le fel Constitutional 1918 MO PING UAC mi. ob ds ache Statutory 1918 RMR SAG OS Ube eedisise sev Ga saree Statutory 1918 soi fad OF age EA aarp ee aed Constitutional 1918 Pam et IGKYitas til te uliere 2s Constitutional IQIQ OMe 8 Sits heaps sce atc nha ys Constitutional 1919 1 Strengthened by a law passed in 1851. 2 Strengthened by a law passed in 1915. 3 Declared unconstitutional by the courts *Ratified by the voters in a referendum election. This list shows that state-wide prohibition was adopted by action of state legislatures on twenty-four occasions, and that it was ratified by the voters on thirty- four other occasions. On more occasions it has been considered by legislatures and not enacted into law, and on about the same number it has been submitted to the voters and rejected or repealed by them. In Wisconsin 86 SELECTED “ARTICLES in 1855 and in Utah in 1909 and in 1915 a prohibition bill passed both houses of the legislature, but was vetoed by the governor. A prohibition amendment to the state constitution received a majority of the votes cast on the question, but failed of adoption because it did not re- ceive a majority of all votes cast at that election, in Ohio in 1883 and in Minnesota in 1918. Prohibition has also been adopted in several of the territories. It was in effect in Minnesota, Nebraska, and Oklahoma before they were admitted as states. It was the law of Alaska from 1884 to 1899. In 1917 it was adopted in Alaska, Porto Rico, and the District of Co- lumbia, and in 1918 in Hawaii. In Alaska and Porto Rico it was ratified by the voters. Step by step the anti-alcohol movement in the United States has developed new methods and new objectives. In the seventeenth and eighteenth centuries it was con- fined to local restrictive and regulatory measures. Early in the nineteenth century temperance societies were or- ganized. At first these were local and independent bodies, but they soon merged into national societies, and then into national fraternal societies whose chief teaching was temperance. At the beginning of the nineteenth century the word temperance was used to mean the temperate or moderate use of alcoholic liquors. By 1820 it was ordinarily used to mean the temperate use of the milder liquors and total abstinence as regards ardent spirits. By 1830 most people used it to mean total ab- stinence. As the first wave of state-wide prohibition receded and the temperance cause seemed to be losing ground, the prohibition party was organized in 1869. Five years later the National Woman’s Christian Temperance Union was organized. And finally in 1893, a new chapter in the history of the anti-alcohol movement begins with the organization of the Anti-Saloon League. This organi- zation brought to the contest more efficient leaders and more efficient and modern methods of organization, PROHIBITION 87 action, and propaganda. It maintained a keen and alert organized lobby at Washington and at most of the state capitals. It played politics across and through party lines, the same as the liquor interests had. It used its own papers and magazines; it got its material into news- papers and periodicals; and it published a great number of pamphlets, leaflets, bulletins, posters, books, and re- ports. It organized the leading Protestant Churches, and worked through them. It raised sufficient funds to carry on its work, and made fund raising an important part of its work. It has its national headquarters and printing plant at Westerville, Ohio, and its legislative headquarters at Washington. In its name, Anti-Saloon League, it directs public attention to the greatest evil in connection with the liquor traffic. It is the church militant against the saloon. With this organization, then, began a new chapter in the anti-alcohol movement, new in its leaders, new in its methods, and new in its objective, which was to put an end to the saloon. As a nation-wide measure by an amendment to the Federal Constitution, prohibition was first introduced in Congress in 1876 by Henry W. Blair, a great moral pioneer who was then a member of the House of Rep- resentatives from the state of New Hampshire. This resolution did not come to a vote. Later Mr. Blair was elected to the United States Senate where he served two terms. He introduced a similar resolution in the Senate in the 49th and 50th Congresses, in both of which it was referred to the Committee on Education and Labor, by whom it was reported back favorably. In neither Congress did it come to a vote, but in the closing days of the 50th Congress, on March 2, 1889, Senator Blair moved to proceed to consider the resolution, saying he did not want it debated, but that since the matter had been before Congress for fourteen years, he thought it ought to come to a vote as a matter of record. His mo- tion was lost by a vote of thirteen to thirty-three. In 1913 the Anti-Saloon League, then twenty years 88 SELECT EDVARTICUES old, decided at its fifteenth national convention, held in the second week of November at Columbus, Ohio, to launch its campaign for national prohibition. About a month later the proposed amendment, as approved by the league, was introduced in both houses of Congress, in the Senate by Senator Morris Sheppard, and in the lower house by Richmond P. Hobson. About a year later, on December 22, 1914, the Hobson resolution was debated and voted on in the House of Representa- tives, the first time that nation-wide prohibition by con- stitutional amendment had ever come to a vote in either house of Congress. The proposed amendment was de- feated because it did not get the necessary two-thirds vote required for an amendment to the Constitution, although it did get a majority vote of the members voting on it, the vote being one hundred ninety-seven for it and one hundred eighty-nine against it. In the Senate the Sheppard resolution did not come to a vote in this Congress. Similar resolutions were introduced in both houses of Congress in 1915 after the 64th Congress had as- sembled. In each house the resolution was referred to the judiciary committee, and each of the judiciary com- mittees made a favorable report, recommending the adop- tion of the resolution, but neither house acted on the report. Again in the 65th Congress, which met in 1917, a similar resolution was introduced in each house, again referred to the judiciary committee in each house, again reported favorably by both judiciary committees, and then passed by both houses by the necessary two-thirds vote. In the Senate the vote was sixty-five to twenty and in the House of Representatives it was two hun- dred eighty-two to one hundred twenty-eight. The final Congressional action was taken on December 18, 1917. The matter was then before the states for their ratification, the favorable action of three-fourths of the states being necessary to make the resolution a PROHIBITION 89 part of the Constitution. On January 8, 1918, just three weeks later, Mississippi was the first state to ratify it. On January 16, 1919 Nebraska was the thirty-sixth state to ratify the resolution, thus making it a part of the Constitution from that date. A dozen more states afterward ratified it, although their action was not neces- sary to secure its adoption. Only two states failed to ratify it, Connecticut and Rhode Island, and in each of these one house of the legislature voted to ratify it. In Kansas where state-wide prohibition had been in effect for almost forty years, it was ratified by a unanimous vote in both houses within two hours after the legislature had been called to order. In five other states the rati- fication was unanimous in both houses of the legislature. By the terms of the resolution it was to become effective one year after the day the thirty-sixth state ratified it, which would be January 16th, 1920. On October 28, 1919, the National Prohibition Act (the Volstead Law) became a law, being passed over the veto of President Wilson. The Act Supplemental to the Na- tional Prohibition Act (the Anti-Beer Bill) was approved by President Harding on November 23, 1921. The following chronological table gives the high spots in the three hundred years’ struggle over the liquor question in America. MILESTONES IN THE PROGRESS OF ‘PROHIBITION 2 1619 Virginia enacts a law against drunkenness. 1630 Governor Winthrop of Massachusetts discontin- ues the custom of drinking healths and requests others to do likewise. 1631 Virginia enacts a law to prevent clergymen from getting drunk. 1633 Massachusetts Bay enacts a law that no person shall sell liquors without the consent of the governor, and that no strong drink shall be sold to the Indians. 1 By Lamar T. Beman. SELECTEDVARTICLES Massachusetts prohibits the sale of strong liquor to Indians. Maryland enacts a law against drunkenness, pun- ishing it with a fine of thirty pounds of tobacco, or corporal punishment if the party is unable to pay the fine. Maryland increases the fine for drunkenness to one hundred pounds of tobacco. New York prohibits sale of liquor to the Indians. Connecticut forbids the sale of liquors without a license. New York increases the excise tax on beer. The brewers’ refusal to pay the tax is called the “Beer: Rebellion.” Massachusetts enacts a law that no person shall be allowed to loiter in a saloon for more than a half hour. Connecticut prohibits the sale of intoxicating liq- uors to Indians. Rhode Island adopts a license law. New York enacts a law prohibiting the sale of liquor after nine o’clock in the evening, and before four o’clock in the afternnon on Sunday. New York enacts a law to prevent brewers from retailing beer, and saloon keepers from brew- ing beer. On account of a short wheat crop, New York prohibits the use of wheat in making beer. New York enacts a law fixing the price at which liquors are to be sold because of the high prices being charged. Pennsylvania prohibits the sale of liquor to Indians. Connecticut fixes by law the prices at which lig- uor is to be sold. Virginia enacts a law by which drunkenness is fined fifty pounds of tobacco for the first of- fence. 1660 1660 1666 1668 1676 1692 PROHIBITION Ol Virginia enacts a law to license saloon keepers, charging them an annual fee of three hundred and fifty pounds of tobacco. Plymouth prohibits the sale of liquor to children. servants, drunkards, and sale on Sundays. Maryland fixes by law the prices of liquor a saloon keeper may charge. Virginia enacts a law to decrease the number of saloons. The act declares that there are an excessive number of saloons set up for private gain, and that they are “full of mischiefe and inconvenience by cherishing idleness and de- baucheryes.” Virginia adopts a law to punish justices of the peace who are drunk on court days, for the first offence a fine of five hundred pounds of tobacco, for the second offence a fine of one thousand pounds of tobacco, for the third of- fence forfeiture of office. New Jersey enacts a law to hold saloon keepers liable for distrubances caused by liquor sold on Sunday. New Jersey adopts a law prohibiting the sale of any liquor to any Indian on pain of twenty lashes for the first offence, thirty lashes for the second offence, and imprisonment during the governor’s pleasure for the third offence. Pennsylvania adopts a strict law against drunk- enness and selling liquor to the Indians. South Carolina requires persons selling liquor to have a license from the governor. : Jacob Leisler and Jacob Milborne hanged in New York by order of the governor signed after he had been made drunk by the enemies of Leisler and Milborne and kept drunk all night lest he might withdraw his order if he became sober. Maryland passes a law to limit the number of saloons. Q2 1694 1695 1697 1701 1710 1718 1719 1724 1734 1747 1748 1757 SELECTED ARTICLES Massachusetts enacts a law against selling liquor to drunkards, making it punishable by a fine of 20 shillings and providing that a list of the names of drunkards must be posted in every saloon. Rev. John Miller wrote “A Description of the Province and City of New York” in which he described the drunken debaucheries of the times. New York prohibits visiting saloons on Sunday. Pennsylvania adopts a law against adulterating liquors, and doubles the penalty for selling liq- uor to Indians. The prevalence of bootlegging leads Virginia to enact a law against the unlawful sale of liquor. Pennsylvania adopts a law to compel saloon keepers to give security in the sum of £100 for faithful observance of the laws against sell- ing liquor to minors, servants, or Indians, or selling at prices above the fixed rates. New Hampshire makes a law prohibiting the sale of liquor to drunkards, and orders their names posted in public houses. Pennsylvania enacts a law preventing the grant- ing of a license to any one to sell liquor within two miles of any furnace or iron works. Georgia prohibits the importation of rum. Maryland enacts a law that no liquor is to be sold within two miles of any meeting house of the Quakers. Virginia provides by law that the license of any saloon keeper may be revoked if on Sunday he lets anybody get drunk or “drink more than is necessary.” A Pennsylvania law prohibited the sale of liquor within two miles of any muster field or drill ground. 1778 1800 1802 PROHIBITION 93 The Governor of New York, in a message to the Assembly, recommends the adoption of a law to restrict or limit the number of saloons. Benjamin Franklin wrote in his autobiography, “If it be the design of Providence to extirpate these savages (the Indians) in order to make room for cultivators of the earth, it seems not improbable that rum may be the appointed means. It has already annihilated all the tribes who formerly inhabited the sea-coast.’’ On account of the scarcity of grain and the neces- sity of feeding the Revolutionary Army, Penn- sylvania, Virginia, and Maryland enact laws to prohibit the distilling of grain. The Indians of western Pennsylvania decide in council to spill all liquor sent among them. Dr. Benjamin Rush published his book entitled “An Inquiry into the Effects of Ardent Spirits upon the Human Body and Mind.” Two hundred farmers of Litchfield County, Conn., pledge themselves not to use any distilled liquor during the ensuing farming season. The Whiskey Rebellion in western Pennsylvania. The laws of the United States are openly vio- lated and Federal officials are defied and ridi- culed, some of them being assaulted or driven out of that district, by the distillers, saloon keepers, and their sympathizers until President Washington sends an army of fifteen thou- sand men to enforce the law. Micajah Pendleton of Nelson County, Virginia, signs and circulates the first total abstinence pledge. On January 27 President Jefferson sent a mes- sage to Congress in which he said “the Indians are becoming very sensible of the baneful ef- fects produced on their morals, their health and existence by the abuse of ardent spirits and 04 1802 1805 1808 1813 1813 1815 1816 SELECTED: ARTICLES some of them earnestly desire a prohibition of that article from being carried among them. The Legislature will consider whether the ef- fectuating of that desire would not be in the spirit of benevolence and liberality which they have hitherto practiced toward these our neigh- bors, and which has had so happy an effect toward conciliating their friendship. It has been found, too, in our experience that the same abuse gives frequent rise to incidents tend- ing much to commit our peace with the Indians.” On March 30 Congress enacted a law which made provision that “The President of the United States be authorized to take such measures from time to time as may appear to him expedient to prevent or restrain the vending or distributing of spirituous liquors among all or any of the said Indian tribes.” The Sober Society is formed at Allentown, N.J. The first Temperance Society was organized at Moreau, Saratoga County, N.Y., by Dr. B. J. Clark. Congress enacts a law “for laying duties on licenses to retailers of wines and spirituous liquors. ” The Massachusetts Society for the Suppression of Intemperance organized at Boston. Congress enacts a law providing that any one establishing a still in the Indian country shall be fined $500 and shall forfeit the still. Thomas Jefferson, in a letter to Charles Yancey, dated January 6, 1816, (which was about seven years after he had retired from the Presidency) said, ‘I wish to see this beverage (beer) become common instead of the whiskey which kills one- third of our citizens and ruins their families.” 1819 1826 PROHIBITION 95 The Cherokee Nation, one of the most advanced groups of Indians who then lived in Georgia, adopts prohibition. The American Society for the Promotion of Tem- perance organized at the Park Street Church in Boston. Georgia adopts the first local option law, giving to the inferior courts of two counties the right of local option. The Congressional Temperance Society organized at Washington, D.C. The first National Temperance Convention held at Philadelphia with four hundred forty dele- gates from twenty-two states. Congress passes a new law to prevent the sale of liquor to the Indians, strengthening the acts Gee leopandgloogc, Rhode Island passes a local option law, giving the towns the right to prohibit the manufacture and sale of intoxicating liquors. The Washington Temperance Society organized at Baltimore and advocates total abstinence. The Sons of Temperance organized in New York City. The Templars of Honor and Temperance organ- ized at Providence. Maine becomes the first state to adopt a state- wide prohibition law. The United States Supreme Court hands down its decision in the license cases, in which Chief Justice Taney, speaking for the court, said, (p. 576-7) “If any state deems the retail and internal traffic in ardent spirits injurious to its citizens, and calculated to produce idleness, vice, or debauchery, I see nothing in the Con- stitution of the United States to prevent it from regulating and restraining the traffic, or 06 1849 SELECTEDGARTICOES from prohibiting it altogether, if it thinks proper. (46 U.S. 504) Neal Dow is elected mayor of Portland, Me. 1849-1851 Father Mathew visits the United States and 1851 1851 1851 1853 1854 1862 makes an extended tour of the country. Ohio writes into its new constitution the follow- ing meaningless section, probably designed to please the liquor interests and fool the temper- ance people: “Article 15, Section 9. No license to traffic in intoxicating liquors shall hereafter be granted in this state; but the General As- sembly may, by law, provide against the evils resulting therefrom.” The Maine state-wide prohibition law is amended so as to strengthen it very greatly. The Independent Order of Good Templars is founded in central New York. The World’s Temperance Convention is held in New York City. Ohio passed its Civil Damage Act as a remedy for the evils of the liquor traffic. This law pro- hibited the sale of intoxicating liquors in any quantity to be consumed on the premises where sold, prohibited any sale to minors and intoxi- cated persons, and gave to any wife, child, parent, guardian, employer, or other person in- jured in person, property, or means of support by any intoxicated person, or in consequence of intoxication or otherwise, in violation of this law, a right of action in court in his own name against the person who sold the liquor for all damages actually sustained as well as exemplary damages. Congress passes a law to prohibit any person from selling any spiritous liquor to any Indian under charge of an Indian agent appointed by the United States. 1862 1865 1869 1870 1871 1872 PROHIBITION 97 The United States Navy abolishes rations of spiritous liquors. The National Temperance Society and Publica- tion House organized with its headquarters in New York City. The National Prohibition Party organized at Chi- cago by five hundred delegates, representing twenty states. The Order of Royal Templars of Temperance or- ganized at Buffalo, as the result of an effort to close the saloons of that city on Sunday. The United Friends of Temperance organized at Nashville, Tenn. The Catholic Total Abstinence Union of America formed at Baltimore, one hundred twenty- five social societies being represented. Local or- ganizations of this kind had existed before this time, some of them having been organized dur- ing the visit of Father Mathew, but there had been no bond of union among them until this time. The Woman’s Temperance Crusade at Hillsboro, Ohio. The National Woman’s Christian Temperance Union organized at Cleveland, Ohio. The Congregational Total Abstinence Society or- ganized. The first proposal in Congress to amend the Federal Constitution to provide for nation-wide prohibition is introduced by Henry W. Blair, a representative from New Hampshire. The International Temperance Congress meets at Philadelphia. President Hayes refuses to serve liquor at the White House. In its decision in the case of Beer Company vs. Massachusetts (97 U.S. 25) the United States 1880 1881 1881 1883 1884 1886 1886 1887 SEUECVED VARICES Supreme Court said, (p. 32) “If the public safety or the public morals require the dis- continuance of any manufacture or traffic, the hand of the legislature cannot be stayed from providing for its discontinuance by any inci- dental inconvenience which individuals or cor- porations may suffer.” Kansas is the first state to write state-wide pro- hibition into its constitution. The Church Temperance Society of the Protes- tant Episcopal is organized in New York City. Nebraska is the first state to adopt high license as a remedy. The Law and Order League of the United States is organized at Boston by representatives of twenty-seven local leagues. Prohibition is adopted for all Alaska by action of Congress. Congress enacts a law providing for compulsory temperance education in the public schools of the District of Columbia. On March 28th P. M. Arthur, Grand Chief of the Brotherhood of Locomotive Engineers, said in a speech at Cleveland, “If I could, I would in- augurate a strike that would drive the liquor traffic from the face of the earth.” In the case of Mugler vs. Kansas (123,U.S. 623) the Supreme Court of the United States said, (p.662) “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 in- toxicating drinks; nor the fact, established by statistics accessible to everyone, that the idle- ness, disorder, pauperism, 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 manu- PROHIBITION 99 facture and sale, within her limits, of intoxi- cating liquors for other than medical, scien- tific, and manufacturing purposes, to be neces- sary to the peace and security of society, the courts cannot, without usurping legislative func- tions, override the will of the people.” 1888 The United States Supreme Court says in the case of Bowman vs. C. & N.W. R.R. (125 U.S. 465) that a state cannot, for the purpose of protecting its people against the evils of in- temperance, enact laws which regulate com- merce between its people and those of other states of the union, unless the consent of Con- gress, express or implied, is first obtained. 1889 On March 2 by a vote of thirteen to thirty-three the United States Senate defeated a motion “‘to procede to consider” Senator Blair’s resolution to propose an amendment to the Federal Con- stitution to provide for nation-wide prohibition. 1890 On April 28 the Supreme Court of the United States rendered its decision in the case of Leisy vs. Hardin (135 U.S. 100) commonly known as “the original package case,” in which it held unconstitutional as repugnant to the Federal Constitution the provisions of the prohibition law of Iowa, which prohibited shipping into Iowa liquor made in another state and selling it in lowa in the original packages or kegs, un- broken or unopened. 1890 The Non-Partisan Woman’s Christian Temper- ance Union organized by a faction that seceded from the parent organization. 1890 On August 8th President Harrison approved the Wilson Act, by which Congress sought to make all intoxicating liquors in interstate commerce subject to the laws of the state into which they were shipped, or, in other words, to remove the legal difficulties in the enforcement of the 100 SELCECTEDY ARTIGIES state prohibition laws that had been created by the decision in the original package case. 1890 On November 10th in the decision it handed down in the case of Crowley vs. Christensen (137 U.S. 86) the United States Supreme Court said, (p. 91) “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 intoxi- cating 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.” 1892 South Carolina adopts the state dispensary sys- tem to become effective July 1, 1893. This was a compromise between the prohibitionists and the liquor interests, and was made after the lower house of the legislature had passed a state-wide prohibition law. 1893 The Anti-Saloon League is organized at Oberlin, Ohio, by Howard H. Russell. 1893-1903 The Committee of Fifty makes a careful study of the liquor problem in its different phases and publishes: (1) “The Liquor Prob- lem in its Legislative Aspects,” 1897. (2) “Eco- nomic Aspects of the Liquor Problem,” 1899. (3) ‘Substitates¢-tor’ the; Saloon; 1901, “Physiological Aspects of the Liquor Problem,” 2. vols.,/'490350(5) 4 The* Liquor) Problem sie. Summary of the Investigations Conducted by the Committee of Fifty,” 1905. 1893 The World’s Temperance Congress is held at Chi- cago on June 5-7. Among the able addresses was one by Rev. J. B. Dunn of Boston on the subject “Are beer and light wines to be en- PROHIBITION IOI couraged as against the stronger distilled liq- uors?” 1894 Governor Benjamin R. Tillman of South Carolina 1898 1898 1899 1899 1901 1902 wrote an article for the North American Re- view (Vol.9158," p; 513-19), May, 01894) en- titled “Our Whiskey Rebellion,” in which he described the violations of the state dispensary law, called the “Ten Days Whiskey War,” in which several persons were killed or wounded, and in which a considerable part of the state militia refused to obey the orders of the gov- ernor. The Reform Bureau, afterward known as the International Reform Bureau, and now known as the World Prohibition and Reform Federa- tion, was founded at Washington, D.C., by Dr. Wilbur F. Crafts. The United States Commissioner of Labor pub- lished as his twelfth annual report a volume entitled “The Economic Aspects of the Liquor Problem.” Edward W. Bok said in a public address, “The presidents of the two largest railroads in this country have each told me personally within the past year that they will no longer employ any man for any position on their roads who drinks even moderately.” Prohibition is abandoned in Alaska and high license adopted in its place by act of Congress. The Secretary of the Navy issues an order pro- hibiting traffic in alcoholic liquor on ship-board and at naval stations. Congress adopts the Anti-Canteen Law. Congress passes the New Hebrides Bill, by which Americans are prohibited from selling intoxi- cating liquors to the natives of the Pacific Is- lands. 102 1903 1904 1905 1907 1907 1909 1911 1911 SELECTED ARTICLES The Five Civilized Tribes oppose any plan to ad- mit Oklahoma as a state which would endanger the prohibition laws. The Subway Tavern, a temperance saloon, 1s opened in New York city by a group of public spirited citizens who wished to try the experi- ment of providing a place for selling liquors in clean decent surroundings where every effort would be made to prevent the abuses and ex- cesses of the ordinary saloon as a remedy for evils of the liquor traffic. After about one year of operation, the Subway Tavern fails, killed by the competition of three low class saloons in the immediate vicinity. Georgia adopts state-wide prohibition, beginning the second movement for state-wide prohibition among the states. South Carolina abandons its experiment with the state dispensary system, and adopts a county option system, permitting each county to choose between a county dispensary system and county prohibition. Nebraska adopts a law compelling saloons to close at eight o’clock in the evening and remain closed until seven o’clock in the morning. On February 2, Captain Richmond P. Hobson, the hero of the Spanish War, delivered in Con- gress his address entitled “The Great De- stroyer,’ two million copies of which were dis- tributed through the country. On Sunday, December 10th, investigators repre- senting the Baptist Brotherhood, visit sixteen hundred thirty saloons in the city of Cleve- land and find fifteen hundred thirty-four wide open and doing a rushing business in violation of the state law, many of them selling liquor to children in violation of another state PROHIBITION 103 law, and quite a number of them having music in the barrooms in violation of a city ordinance. 1913 At the annual meeting of the Baptist Brotherhood of Cleveland fourteen months after their in- vestigation of the saloons of the city it was reported that a committee of the Brotherhood had called on the mayor (Newton D. Baker) from whom they got no satisfaction at all, and on the chief of police (Fred Kohler) who was “very abusive” and immediately threw into his waste basket the affidavits which the commit- tee gave him concerning violation of the Sun- day closing law. 1913 A proposed prohibition amendment to the Federal Constitution, approved and endorsed by the Anti-Saloon League, was introduced in both houses of Congress. 1913. On March 1, the Webb-Kenyon law was passed over the veto of President Taft. This law pro- hibits the shipment in interstate commerce of intoxicating liquors when they are intended to be received, possessed, sold, or in any manner used by any one in violation of any law of the state or territory into which they are shipped. There is no penalty attached to this law. Prosecutions were to be in the state courts and for violation of the state prohibi- tion laws. This act simply removed the pro- tection which the Federal Constitution and laws give to interstate commerce from those criminals who wished to violate the state pro- hibition laws. 1914 The Wisconsin State Vice Committee made its report in which it said, “The chief cause of the downfall of women and girls is the close connection between alcoholic drinks and com- mercialized vice,” 104 1914 1914 Lois (O15 1917 1917 1918 1910 L919 SELEGTEDVARTICLES The Commission to Investigate Drunkenness in Massachusetts made its report in which it said, “Massachusetts prison statistics show that 96 per cent of all criminals in our prisons in 1912 were intemperate by habit.” For the first time a proposed amendment to the Federal Constitution providing for nation-wide prohibition was voted on in the National House of Representatives. On December 22, the Hob- . son resolution got a majority of the votes cast, but was defeated because it failed to get the two-thirds vote necessary for an amendment to the Constitution. The Brotherhood of Locomotive Engineers at its triennial convention votes unanimously to in- dorse national and state-wide prohibition. Whisky and brandy are dropped from United States Pharmacopoeia. On January 8 the United States Supreme Court sustained the constitutionality of the Webb- Kenyon Law in the case of Clark Distilling Co. vs. Western Maryland Railway Co. and the State of West Virginia. (242 U.S. 311) On December 18, Congress passes the Eighteenth Amendment and submits it to the states for ratification. On November 21, Congress enacts the War Pro- hibition Act, to become effective on July 1, 1919. On January 14, both houses of the legislature of Kansas (which had had state-wide prohibition for almost forty years) ratify the Eighteenth Amendment by unanimous vote within two hours after they have been called to order for the first time since the amendment was pro- posed by Congress. On January 16, Nebraska ratifies the Eight- eenth Amendment. Being the 36th state to ratify, this makes ratification lawfully complete. 1919 1920 1AVA0) 1920 1921 1921 |e af 1922 1923 1923 PROHIBITION 105 Twelve more states ratified it later, leaving only two, Connecticut and Rhode Island, that did not ratify it, but even in these two, one house of the legislature voted to ratify. On October 28, the National Prohibition Act (the Volstead Law) for the enforcement of the Eighteenth Amendment was passed by Congress over the veto of President Wilson. On January 16, the Eighteenth Amendment and the Volstead Act become effective. The New York Legislature adopts a law permit- ting manufacture and sale of 2.75 per cent beer. On June 7 the Supreme Court sustains the con- stitutionality of the Eighteenth Amendment and the Volstead Act, affirming the right of Congress to determine what is an intoxicating liquor. (25 an esa 35) On November 23, the Anti-Beer bill is signed by President Harding and becomes a law. New York adopts a law to enforce the Ejight- eenth Amendment. President Angell of Yale said in his baccalaureate address, “The violation of law has never been so general nor so widely condoned as at present.” In his annual address to Congress on December 8 President Harding said, “Constitutional pro- hibition has been adopted by the nation. It is the supreme law of the land. In plain speak- ing, there are conditions relating to its enforce- ment which savor of nation-wide scandal. It is the most demoralizing factor in our public ites New York repeals its act to enforce the Eigh- teenth Amendment. Negotiations with Great Britain to extend the three-mile limit, in an effort to check the 100 SELECTED ARTICLES operations of criminals who are smuggling liquor into this country. 1923 The Supreme Court decides that the Eighteenth Amendment and the Volstead Act apply to all merchant vessels, both domestic and foreign, when within the territorial waters of the United States, and do not apply to domestic vessels when outside our territorial waters. 1924 The Supreme Court sustains the Anti-Beer Law as constitutional. BRIBEPVEXCERP ITS The nation has deliberately, after many years of con- sideration, adopted the present policy, which is written into the Eighteenth Amendment.—President Harding. Outlook. 134:73. May 30, 1923. Nothing in our history is more remarkable than the steady growth of the prohibition movement. Beginning as a moral movement, it has become economic, social, and political—IJmogen B. Oakley. Annals of the Amert- can Academy. 109:166. September, 1923. The prohibition movement in the United States has been an evolution rather than a revolution, each period plainly revealing a more advanced temperance sentiment and a more aggressive attitude of opposition to the beverage liquor traffic than that shown in the preceeding period.—Ernest H. Cherrington. The Evolution of Pro- hibition in the United States. p. 3. To one who studies the history of the prohibition movement, it is quite evident that it is a very old move- ment, and not a freakish development of the last decade. There are many who claim that the prohibitionists have, by a stroke of national strategy, “pulled the wool” over PROHIBITION 107 the eyes of the American public. The evidence does not support this view. It appears more likely that the growing sentiment in favor of temperance was finally crystallized in the form of the Eighteenth Amendment. —Eugene J. Benge. Annals of the American Academy. 109:111. September. 1923. t Prohibition was written into the Constitution with as much deliberation as attended the enactment of any amendment to the Constitution. It is sheer caricature to convey the impression, as do writers like Mr. Fabian Franklin, that the eighteenth amendment came like a thief in the night, and as a result of the machinations of the Anti-Saloon League. Prohibition was the cul- mination of fifty years of continuous effort; nor did the movement lack alert, persistent, and powerful opposi- tion.—Feliz Frankfurter. Annals of the American Acad- emy. 109:193. September, 1923. No [other] amendment to the federal Constitution ever received as strong official sanction by the states as the Eighteenth Amendment. The original Constitution was adopted in the [legislatures of the] 13 original states by a majority of about two to one [of the total number of legislators]. The aggregate vote in the state Senates and state Houses of Representatives on the Eighteenth Amendment shows a majority of more than four to one. The Bill of Rights, containing the first ten Amendments to the American Constitution, and the Eleventh Amendment, were ratified by 10 out of 13 states. Four states did not ratify the Twelfth Amend- ment. Five states did not ratify the Thirteenth Amend- ment. Four states did not ratify the Fourteenth Amend- ment. Six states failed to ratify the Fifteenth Amend- ment. Six states failed to ratify the Sixteenth Amend- ment. Twelve states did not ratify the Seventeenth Amendment, and 12 states did not ratify the Nineteenth Amendment. The Eighteenth Amendment, however, 108 SELECTED ARTICLES received the ratification of 46 out of 48 states, and one House in each of the two remaining states voted for ratification. Moreover, 47 of the 48 states enacted laws to help carry into effect the provisions of the Eighteenth Amendment, and but two of the 47 have repealed or weakened such laws.—Ernest H. Cherrington. Annals of the American Academy. 109:223. September, 1923. For more than 100 years prohibition was intensively and extensively studied and discussed. No question ever decided by the American people was better under- stood. Before national prohibition went into effect 34 states, acting separately for themselves, had adopted pro- hibition. More than three-fifths of the people and four- fifths of the territory of the country were under pro- hibition. The Eighteenth Amendment was submitted by a vote of more than two-thirds of both houses of the United States Congress and has been ratified by 46 of the 48 states or by twenty-three twenty-fourths of them. The only two states which have failed to ratify to date, Connecticut and Rhode Island, have less than one-thirty- fifth of the population and a trifle more than one-five- hundredth of the continental area, and if the water which is included in these states is not counted the area is further reduced by more than 300 square miles.—Charles Scanlon. Christian Science Monitor. September 8, 1922. VI. THE LAW OF PROHIBITION THE EIGHTEENTH AMENDMENT 1. After one year from the ratification of this article the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or the ex- portation thereof from the United States and all ter- ritory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided by the Constitution, within seven years from the date of the submission hereof to the states by the Congress. SL een) Sal Ee AV The National Prohibition Act, commonly known as the Volstead Law, passed by Congress over the veto of President Wilson on October 28, 1919, became ef- fective on January 16, 1920. This law is composed of three parts, called titles. Title I provides for the en- forcement of war time. Title III is devoted to the sub- ject of industrial alcohol. With neither of these are the purposes of the present volume concerned. Title IT deals with the enforcement of the Eighteenth Amend- ment. Its provisions have been summarized in the 1920 Yearbook of the Anti-Saloon League, pages 90-4, as follows: 110 SELECTED ARTICLES Sec. 1. Definition. Intoxicating liquor is defined to include alcohol, brandy, whisky, rum, gin, beer, ale, porter, and wine, and in addition thereto any other spirituous, vinous, malt, or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, and by whatever name called, con- taining one-half of I per centum or more of alcohol by volume which are fit for use for beverage purposes: Provided, however, That the foregoing definition shall not extend to dealcoholized wine nor to any liquor or liquid produced by the process by which beer, ale, or porter is manufactured but containing not more than one-half of I per centum of alcohol if such liquor or liquids shall be otherwise denominated than as beer, ale, or porter. Sec. 2. Arrests, Etc. Commissioner of Internal Revenue and his assistants to investigate and report violations of the bill to the local United States Attorney, who is directed to prosecute offenders under the Attorney General’s direction. Commissioner and his assistants authorized to swear out war- rants for arrests and search, and to conduct preliminary trials under control of the district attorney, R.S. 1014, which pre- scribes the procedure for arresting offenders in general, made applicable. Sec. 3. Prohibition. Manufacture, sale, transportation, im- portation, exportation, possession, etc., of intoxicating liquors prohibited, from the date when the Eighteenth Amendment takes effect, except as otherwise provided in the bill. Purchase and sale of warehouse receipts covering distilled spirits in warehouses and no tax shall attach to such sale of receipts. Sec. 4. Exceptions. Prohibition not to apply to: (a) denatured alcohol; (b) medicinal preparations in accordance with United States Pharmacopeia, etc., if unfit for beverage use; (c) patent medicines unfit for beverage uses; (d) toilet preparations unfit for beverage uses, hav- ing quantity of alcohol printed on the package; (e) flavoring extracts unfit for use as a beverage; (f) vinegar and fruit juices for the production of vinegar. Manufacturers of these articles required to obtain permits for such manufacture and for purchase of liquors needed as material, and to give bond, keep records and make reports as specified in the bill or by direction of the Commissioner of In- ternal Revenue. Manufacturers not to sell or use liquor other- wise than as an ingredient of articles manufactured. No more alcohol to be used in manufacture of extracts, etc., than is needed for extraction or solution of elements contained and for preservation. Sale of any of the articles under (a), (b), PROHIBITION 11l (c), (d) or (£), or extracts or syrups, for beverage purposes, or where seller might reasonably deduce intention of purchaser to use them for beverage purposes, or sale of beverages con- taining one-half of I per cent or more or alcohol by volume in which extracts, etc., are used as ingredients, to subject seller to penalties prescribed in Sec. 30. Sec. 5. Analysis of Manufactured Articles. Commissioner authorized to make analysis of any article mentioned in Sec. 4, to ascertain whether it corresponds to the limitations prescribed; if the analysis shows that it does not, he may summon the manufacturer to show cause why the permit should not be re- voked. Decision of Commissioner after hearing to be subject to court review. Sec. 6 Permits. Permits required for manufacture, sale, purchase, transportation or prescription of liquor, except for purchase of liquor prescribed by a physician. Permits for manu- facture, prescription, sale or transportation to continue one year, to expire at the close of the calendar year of issuance. Exist- ing permits may be extended. Permits for purchase of liquor to be in force not over 90 days after issuance; such permits to specify the quantity and kind of liquor and the purpose for which it is to be used. Permits not to be issued to any person who has violated any Federal or state liquor permit within one year. Retail permits to be issued only to licensed pharmacists ; prescription permits, only to licensed physicians in active prac- tice. Commissioner authorized to require bond of applicants, and to prescribe form of permits, etc. Decision of Commissioner may be reviewed in courts. Provision made for the manufacture and sale of wine for sacramental purposes. Sec. 7. Prescriptions. Liquor not to be prescribed except by licensed physician in active practice, and he shall not prescribe unless he in good faith believes that the prescription will afford relief to the patient from an ailment. Not over one pint of spirituous liquor to be prescribed for any person internally within ten days, and no prescription to be filled more than once. Pre- scriptions to be endorsed “cancelled” as soon as filled, and rec- ords to be kept by both physician and pharmacist. Sec. 8. Prescription Forms. Prescriptions to be on forms prescribed by the Commissioner of Internal Revenue, with stubs containing copies of prescriptions furnished at cost. Books with stubs filled out to be returned to the Commissioner, with un- used or defaced blanks. Sec. 9. Revocation of Permits. Commissioner to summon persons holding permits to a hearing in case of complaint under oath charging violation of the bill, or of any state liquor law, or in case he has reason to believe such violation has occurred; and upon establishment of such violation wilfully to revoke the permit, no further permit to be granted to such person within 112 SELECTED ARTICLES one year thereafter. Action of Commissioner to be subject to court review. Sec. 10. Record of Sales, Etc. Commissioner to prescribe form of record to be filled out and report to be filed by persons manufacturing, purchasing for sale, selling or transporting liq- uor, such record and report to state the amount and kind of liquor, the name and addresses of persons connected with the transaction, and the time and place. Sec. 11. Records of Manufacturers and Druggists. Rec- ords kept by manufacturers and druggists to contain copies of permits to purchase, for each sale made. Manufacturers and wholesale druggists not to sell except at wholesale, and only to persons who have permits to purchase in such quantities. Sec. 12. Labels of Containers. Manufacturers to attach to all liquor containers a label stating manufacturer's name, kind and quantity of liquor, date of manufacture and copy of manu- facturing permit, which label is not to be removed by the wholesaler. Wholesalers to attach to all liquor packages sold by them a label stating kind of liquor, manufacturer’s name, date of sale and name of purchaser, which label is not to be removed until liquor is used. Sec. 13. Records, Etc., of Carriers. Carriers transporting liquor to secure permit and record liquor received for shipment, and to deliver only to persons presenting verified copy of permit to purchase. Copy of permit to be made part of carrier’s permanent record. Agents of carriers authorized to administer oaths to consignees, who must be identified if not personally known to the agent; name and address of person identifying to be included in record. Sec. 14. Deceiving Carrier, Receiving Without Label. No person to offer liquor for shipment without notifying carrier of nature and character of shipment. Liquors not to be trans- ported by carriers nor received from them unless package is labeled to show name and address of consignor and consignee, kind and quantity of liquor, number of permit and address of person using it. . Sec. 15. False Statements on Packages. Consignee not to receive, and consignor or carrier not to deliver, liquor packages on which appear statements which he knows to be false. Sec. 16. Switching Names or Fraudulent Consignees. No person to give a carrier an order for delivery of liquor, with intent to enable any person other than a bona fide consignee to obtain it. Sec. 17. Advertisements. Advertising of liquors by means or method prohibited, except that manufacturers and wholesale druggists may furnish price lists to persons permitted to sell liquor. PROHIBITION 113 Sec. 18. Formulae, Tablets, Compounds to Make Beverage Liquor. Advertising, manufacture, sale, etc., of preparations or formulae for use in unlawful manufacture of intoxicating liquor prohibited. Sec. 19. Soliciting Orders. To solicit or receive from an- other an order for liquor or give information of how it may be obtained in violation of the bill. Sec. 20. Civil Damage Action Against Dealer. Persons in- jured by intoxicated persons to have right of action against any person contributing to such intoxication by selling liquor or assisting in procuring it. This right to survive in case of death of either party. Sec. 21. Nuisances. Places where intoxicating liquor manu- factured, sold, etc., in violation of this title declared a common nuisance, with penalty on persons maintaining such nuisances; fines and costs to be a lien on the premises, if the owner has knowledge or reason to believe his property is being so used. Sec. 22. Abatement of Nuisances. Attorney General or dis- trict attorneys or state prosecuting attorneys or Commissioner of Internal Revenue or his subordinates authorized to prosecute suits for abatement of such nuisances, in any court of equity. Temporary injunctions may be issued by the court, or judge in vacation, restraining removal of liquors, etc., as well as con- tinuance of the nuisance. No bond to be required in instituting the proceedings. Finding of actual violation of law not neces- sary, if material allegations of petition are true. Court may order abandonment of the building, etc., for one year, or may permit owner, etc., to resume control upon giving bond that no liquor will thereafter be manufactured, sold, etc., on the premises. Sec. 23. Fee of Officers for Selling. Officers entitled to same fee for removal and sale of property under the bill as sheriff of the county for selling property on execution, besides a reasonable sum for closing premises and keeping them closed. Violation of this title on leased premises to work forfeiture of lease, at option of lessor. Sec. 24. Contempt Proceedings. Violation of injunctions punishable by fine of not over $1,000 and imprisonment from 30 days to one year; court to have power to enforce injunctions. Sec. 25. Searches and Setzures—Property Rights in Liquor. Possession of liquor or property designed for manufacture of liquor contrary to this title prohibited; no property rights to exist in such liquor or property. Search warrants to issue as provided in Title XI of the Espionage Act (40 Stat. 228-230), and property seized to be subject to disposition as the court may order. Liquor and property designed for unlawful manu- facture of liquor to be destroyed. Private dwellings not to be searched unless used for unlawful sale of liquor, or used in part for business purposes. Rooms used exclusively for 114 SELECTEDPARTIGEES residence purposes in hotels and boarding houses are considered private dwellings. Sec. 26. Seizure of Vehicles. Vehicles discovered transport- ing liquors contrary to law to be seized by the officer discover: ing them, and the person in charge arrested and proceeded against. Vehicles to be returned to owner upon sufficient bond. Liquor to be destroyed on conviction, and vehicles sold and proceeds paid into the treasury, except fee for seizure and expenses and bona fide liens, unless the owner can show ig- norance of the purpose for which the vehicle was used. Un- claimed vehicles to be advertised for two weeks before sale. Sec. 27. Disposition of Seized Liquors. Seized liquors, in- stead of being destroyed, may, by order of the court, be de- livered to any government agency for medicinal, mechanical or scientific uses, or may be sold to persons having a permit to purchase. Sec. 28. Powers of Officers. Revenue and other officers charged with enforcing criminal laws to have same power for enforcing this bill as for enforcing any Federal law concerning manufacture or sale of intoxicating liquor. Sec. 29. Penalties. Various penalties prescribed for dif- ferent violations of this title, with distinctions between first and subsequent offenses. Penalties do not apply to persons who make non-intoxicating cider and wine for their own use in home. Sec. 30. No Person Excused From Testifying. No person to be excused from testifying on ground that his evidence would tend to incriminate him; no natural person to be prosecuted on account of testimony given, except for perjury. Sec. 31. Venue. Sale and delivery of liquor delivered by carriers to be deemed to be made in county or district where sale or delivery was made, or through which shipment was made; and prosecution may be had in any such county or district. Sec. 32. Affidavits and Indictments. Separate offenses may be united in separate counts and tried at one trial. Name of purchaser or negative averments not required in indictment, etc., but allegation that act was prohibited and unlawful sufficient. Sec. 33. Possession of Liquor. Possession of liquor after February 1, 1920, by persons not legally permitted, to be prima facie evidence of intent to violate this title. Persons permitted to have liquor within ten days after amendment becomes opera- tive state to the Commissioner of Internal Revenue the kind and amount of liquor in their possession. Possession of liquor in private dwellings not to be unlawful and not required to be re- ported, but such liquors must be used for personal consumption of the owner, his family and guests; burden of proof to be on possessor to prove that it was lawfully acquired, possessed and is non-intoxicating. PROHIBITION 115 Sec. 34. Publicity of Records. Records of manufacturers, druggists, physicians and carriers to be subject to inspection by Federal and state officers or by designated persons. Copies to be competent evidence in any proceeding in which the original would be competent. Sec. 35. Repeal—Tax on Illegal Sales. Only inconsistent provisions of law repealed. Liquor tax stamps not to be issued in advance, but on evidence of illegal manufacture or sale double the present tax to be assessed, with a penalty of $500 on retail dealers and $1,000 on manufacturers; payment of such tax and penalty not to give any relief from criminal liability. Com- missioner of Internal Revenue, with approval of Secretary of the Treasury or Attorney General, authorized to compromise suits. Sec. 36. Constitutionality. Invalidity of any provision of the bill not to invalidate any other provision. Sec. 37. Storage of Liquor, Near-Beer, Etc. Storage of liquor, manufactured prior to taking effect of the bill, in United States bonded warehouses, and transportation after tax paid for purposes authorized, not prohibited. Manufacturers of bever- ages containing less than one-half of I per cent of alcohol may be permitted to develop liquid with a greater alcoholic content, upon giving bond to reduce the content below one-half of I per cent. Alcohol removed to be subject to the same law as other liquors, if saved; if evaporated and not saved to pay no tax. Beer, etc., containing less than one-half of I per cent of alcohol by volume not included in intoxicating liquor, but sale for beverage purposes under such name prohibited; burden of proof on seller to show that alcoholic content less than one-half of I per cent. Sec. 38. Employment of Clerks, Etc. Commissioner of Internal Revenue and Attorney General authorized to employ, under the Civil Service Act, with preference to persons in military or naval service during the recent war, such assistants, clerks, etc., as may be necessary for the enforcement of the bill, so much money as necessary being authorized to be ap- propriated for the purpose. Sec. 39. Service of Summons on Owners of Property. Sum- mons to be served personally on persons whose property is affected in any case but who have not personally violated the law, if such persons are to be found within the jurisdiction of the court. THE ANTI-BEER LAW The act supplemental to the National Prohibition Act, commonly known as the Anti-Beer law, was 116 SELECTED PARWICEERS approved by President Harding on November 23, 1921. The provisions of this law may be summarized as fol- lows: Sec. 2. Only spirituous and vinous liquors may be pre- scribed for medicinal purposes. Vinous liquor prescribed must not exceed twenty-four per cent alcohol, and not more than one quart of it may be prescribed for the use of any one person in any ten day period. Spirituous or vinous liquors prescribed must not contain more than one-half pint of alcohol for any one person in any ten day period. No physician shall be fur- nished with more than one hundred prescription blanks for use in any period of ninety days. Sec. 3. This law and also the National Prohibition Act apply not only to the United States, but to all territory subject to its jurisdiction. Sec. 4. Persons violating the provisions of this law shall be subject to the penalties provided in the National Prohibition Act. Sec. 5. Liquor laws in force when the National Prohibition Act was adopted and not in conflict therewith, shall continue in force. Sec. 6. It is made unlawful for any United States officer to search any private dwelling without a search warrant, under penalty of a fine of one thousand dollars, or a year’s imprison- ment, or both. Similar penalty is provided for any person who falsely represents himself to be an officer of the United States. VII. ENFORCEMENT OF NATIONAL PROHIBITION PROHIBITION ONDER THE SPOILS°SYSTEM? Although President Wilson was personally friendly to the [Civil Service] reform, his official action was for a long time reactionary. Congress excepted many places in the Internal Revenue, Federal Reserve, Trade Commission, Agricultural Credits and other branches of the service, and the President approved the bills. The administration of the law became lax. In his second term President Wilson did indeed provide for competi- tive examinations of presidential postmasters in vacan- cies caused by death, resignation or removal, but these embraced only about 10 per cent of the whole and the remaining 90 per cent still continued to be political spoils. Among the reactionary exceptions from competi- tion made by the Democratic Congress (though this was without President Wilson’s approval) was the Bureau for the Enforcement of the Volstead Act, and this ex- ception was most disastrous. It inaugurated an era of corruption in this branch of the service unheard of even in the worst days of spoils politics. Every im- portant appointment was the political booty of some congressman, often a spoilsman of the lowest type, and hundreds of these appointees (and perhaps also some of their congressional backers to whom they owed their places) have grown fat on the bribes received from boot- leggers and other miscreants engaged in defying the law. Under President Harding there was no improvement in the situation in regard to the civil service. Politics 1 By William Dudley Foulke, president of the National Civil Service Reform League, Current History. 19: 368-70. December, 1923. 118 SELECTED ARTICLES remained the dominant factor in controlling appoint- ments outside the classified lists. Waull Hays, who at- tempted to stem the tide of plunder in presidential post- masterships, retired and under his successor, Dr. Work, the political manipulation of the rule of three established by the President has been developed to such an extent that it has led to the political reconstruction of these important offices, Democrats being replaced by Repub- lican politicians. An onslaught by the spoilsmen was made last year in other places, for instance, the Customs Service and the Bureau of Engraving and Printing. It did not entirely succeed, but in many branches of the government the spoils system is still strongly entrenched and most disastrous of all in the Prohibition Enforce- ment Bureau and in certain places in the service of the Department of Justice, where, under Mr. Daugherty, himself an advocate of political patronage, the Eighteenth Amendment and the Volstead Act have been flouted by those whose sworn duty it was to enforce it. [sic] ENFORCEMENT BY CRIMINALS President Harding’s Administration found the En- forcement Bureau filled with Democratic spoilsmen, many of them criminals, who have since been indicted and some of them convicted, but instead of changing the system and making these appointments non-political, the same methods were continued. Democratic malefactors were turned out and Republican malefactors were put in their places as part of the recognized plunder of Re- publican congressmen. There never was a time when the straight and clean path of merit and duty as marked out by the competitive system and carried into effect, for instance, by the Department of State, contrasted more strongly with the slimy trail of the spoils serpent as shown in the infamous corruption in the Prohibition Enforcement Bureau under the Volstead Act, which made all places in its field service the loot of senators and representatives. Among these employees indict- PROHIBITION 119 ments and convictions have constantly followed each other for months and years in dreary succession, until President Harding himself declared that the violations of the Volstead law had become a national scandal. Great fleets of rum runners and innumerable automobiles on the Canadian border import vast quantities of liquor every day, and so greatly have our people become dis- gusted by the orgy of law-breaking which this corrup- tion has stimulated that vast numbers who supported the bill when it passed are now seeking its repeal or radical modification. These scandals can be largely traced to the conduct of the officers and representatives of the Anti-Saloon League in thus letting spoilsmen in Congress have all the plunder they demanded without any remonstrance. The secretary of the Anti-Saloon League wrote me on December 18, 1922: Many Congressmen who are friends of prohibition, and many others who had influence with Congressmen, took the view that a Civil Service provision would have eliminated a number of old internal revenue officers who, they believed, would make better enforcement officers because of their experi- ence in dealing with the liquor crowd. Most, and probably all, of the Anti-Saloon League people did not agree with that view- point, but it would have been useless to have opposed it at that time, and for that reason you did the Anti-Saloon League an injustice by giving the impression that the officers of the League were opposed to a Civil Service provision. It was not true that civil service provision would have eliminated old internal revenue officers who would make better enforcement officers because of their ex- perience in dealing with the “liquor crowd.” No civil service rules on this subject had been devised at all and there is no reason whatever to believe that the Civil Service Commission would not have given credit in their rating for the successful experience of these offi- cers. The claim was fictitious and was urged to secure patronage for these congressmen. When the secretary of the Anti-Saloon League says “the Anti-Saloon League 120 SELECTEDVARTICLES people did not agree with that viewpoint,” what does that mean? It means that the league knew that thus consigning the appointments to Congressional patronage was wrong, yet they actively supported a bill with this immoral provision and acquiesced in the proviso that these places should be the spoils of politicians. I do not believe that their opposition would have jeopardized the bill. Congressmen might have said so, but it was not true. Nobody is more cowardly than the senator or representative intent upon getting patronage. He may roar loudly and thunder at first; but in the end he will do what he thinks his constituents want, and the league says the vast majority of the people wanted the Volstead Act. The bill would have been passed by these same congressmen without this spoils clause, if they had had no other alternative. A little courage and insistence on principle might well have secured its omission. The time-serving representatives of the league did not have either of these qualities, but let the spoils clause go through without remonstrance, which even if ineffectual, would have vindicated what they now say were their con- victions. They went on and urged the passage of the bill with this provision in it and permitted these re- calcitrant congressmen to be paid for their votes by putting in their hands the patronage of these extremely lucrative offices, which have now become the more lucra- tive by bribery in condoning violations of the law. ANTI-SALOON LEAGUE’S FAILURE The representatives of the league who counseled this course and became parties to it prostituted the trust confided to them by the churches and by the great mass of prohibitionists throughout the country whom they claim to represent. The best thing now for the league would be to repudiate the unfaithful servants who took part in this inquiry and, having thus plucked the beam out of its own eye, to insist that every place-holder in PROHIBITION 121 the Enforcement Bureau from top to bottom, including the state directors, give up their present political tenure and be eligible to remain in office only if they can show that in open competition with all others in tests requir- ing not only knowledge, but character and a clean record, they are the best qualified. The present proposal of the Anti-Saloon League, made by its executive committee at its recent meeting at Westerville, Ohio (which is indeed a tardy confes- sion of the wrong it committed when it helped to keep these agents out of the civil service), would fail utterly to accomplish any improvement. They say that “Fed- eral prohibition agents should be placed under civil ser- vice and retained in office not because of political quali- fications but because of fitness for the task.” When did they find this out? When did the new light dawn upon them that they made a mistake in letting the politicians have the spoils? The bill which at the last meeting of the National Civil Service Reform League Mr. Wheeler said the Anti-Saloon League was sponsoring (Senate bill 3247), provides that all the miscreants introduced into this service by congressional spoilsmen and still in office, should be transferred to the classified service and “the incumbents continue as of their present rates and grades of compensation without further examination.” If, as the advocates of the spoils system claim, it would be harder to get men out of the classified service than out of the unclassified service, this would only perpetu- ate the evils that now exist; these lawbreakers would become more permanent in their places than they are today. But even by including places in the classified service this bill does not go half way as a professed measure of reform. All positions of executive officers who have immediate direction of the enforcement of the act and of persons authorized to issue permits, in- cluding those of the executive officers employed under the Commissioner and the directors, are still to be kept 122 SELECTED ARTICLES as spoils. But it is in these very places that the greatest corruption exists today. That would remain, and it would infect the whole body. The only remedy is a complete reorganization with civil service tests of fit- ness to be applied to all, to the highest as well as to the lowest, and to those now in the service as well as to those who may seek admission hereafter. OBSTACLES TO; ENFORCING THE VOUSTEADB NOEL Effective enforcement of prohibition throughout the country hinges on the question whether the right kind of officers under the right kind of control are to be responsible for administering the Volstead Act or whether the present reign of corruption is to be permitted to continue. Unfortunately, when the Volstead Act was referred to the House Judiciary Committee, the section relating to the civil service was amended and then re- submitted to the House in the following form, the amend- ment being shown in the words in italics: Section 38—The Commissioner of Internal Revenue and the Attorney General of the United States are hereby respectively authorized to appoint and employ such assistants, experts, clerks and other employes in the District of Columbia or else- where, and to purchase such supplies and equipment as they may deem necessary for the enforcement of the provisions of this act, but such assistants, experts, clerks and other employes, except such executive officers as may be appointed by the Com- missioner or the Attorney General to have immediate direction of the enforcement of this act, and persons authorized to issue permits, and agents and inspectors in the field service, shall be appointed under the rules and regulations prescribed by the Civil Service act. These amendments left the clerical and other un- important positions under the civil service law, but ex- empted from its operation all the administrative officers 1 By Imogen, B. Oakley, chairman of the Civil Service Division, General Federation of Women’s Clubs. Current History. 19: 371-4. December, 1913. PROHIBITION 123 upon whose zeal, ability and integrity the ultimate suc- cess of the act must depend. The President vetoed the act, but it was passed over his veto by a decisive ma- jority. Public opinion gave it loyal support and its first successes disarmed criticism. ‘There is no need to re- peat once more the many and varied benefits that fol- lowed prohibition. These benefits have been remarkable from the standpoint alike of health, of material welfare, and of moral and social progress. But amid all this prosperity and general improvement has arisen a sinister figure, the bootlegger, and with him what is even more menacing to public law and order, the politically ap- pointed enforcement agent, who is the bootlegger’s pro- tector and ally. During the past two years, owing to their connivance, wine and whisky have been easily ob- tained by those able to pay the price, and “hooch’’ is on tap for every man who knows where to look for it. Alcoholic wards in the hospitals are once more filling up, and the police courts are again busy with “drunks.” There is a growing feeling that prohibition agents are playing politics. The loyal support given at first to the Volstead Act is changing to popular discontent. Men of prominence in the community are saying that the law has become a farce and that they intend to buy whisky when they feel like it. The gilded youth of fashionable society publicly boast of the contents of their hip flasks. My first authentic information of the immunity which a “hooch” vendor may enjoy came from a woman who had happened to be in my audience at a college settle- ment talk in Philadelphia. Her next door neighbor, she said, had a still and was selling gallons of liquor every day. “The police know all about it,” she added, “but nothing is done to the man. Won’t you try to have the place closed up!’ When I repeated the story to the chief enforcement agent of Philadelphia and asked what he could do, he replied: “I am afraid I cannot do much. I am badly handicapped. One-third of my subordinates are untrained and incapable. They have no idea how 124 SELECTED ' ARTICLES to make a report and I cannot rely upon any informa- tion they bring. Another third, I have reason to believe, are former saloonkeepers and bartenders whose object is to make the law unpopular and incidentally to fill their own pockets. The remaining third are dependable men. With only one-third of my force really available I cannot do more than one-third of my work. And the worst of it is that I am compelled to take every man no matter how incapable who is sent by an influential politician, and I dare not discharge any man, no matter how inefficient, if he has an influential politician behind him. I used to be luke-warm over civil service rules, but now I am red-hot.” The number of employees in the prohibition unit who were not under civil service rules on June 30, 1922, was twenty-one hundred thirty-two. The number of dismissals from this group in the year from June 30, 1921, to June 30, 1922, was one hundred twenty, or approximately 6 per cent of the whole force, and the grounds for dismissal, according to the report of the Bureau of Internal Revenue, were conduct unbecom- ing an officer, extortion, acceptance of bribes, falsifying accounts and general inefficiency. This 6 per cent may with fairness be doubled to include the incompetent and corrupt officials who were able to retain their positions through the same political influence by which they had obtained them. Twelve per cent it may be claimed, is not an excessive proportion to go astray, but it is enough to bring discredit on the cause of prohibition and to give aid and comfort to its enemies. The McConnell case, which has so lately stirred Pennsylvania to its depths, is a conspicuous example of the conditions which tend to nullify the law. William McConnell was made chief enforcement officer for Penn- sylvania through the influence of the late Senator Pen- rose. His actions soon awakened the suspicions of T. Henry Walnut, an astute and conscientious Assistant District Attorney, who did some quiet detective work, PROHIBITION 125 and in due season was able to inform the Department of Justice in Washington that he had in his hands the proofs of a conspiracy to defraud the government and was prepared to lay them before the Grand Jury. The department counseled him to wait. At the next session of the Grand Jury Mr. Walnut again announced his readiness to proceed, and was again advised to wait. In his third letter to the Attorney General Mr. Walnut said that any further delay would be prejudicial to the case, and that he intended to lay his evidence before the Grand Jury at once and ask for an indictment against McConnell and forty-eight fellow-conspirators. The re- ply from Attorney General Daugherty was a request for Mr. Walnut’s resignation. Popular indignation in Phila- delphia rose to fever heat. A duly appointed committee made a formal demand upon Attorney General Daugh- erty for the reasons for Mr. Walnut’s forced resigna- tion. The official reply was that Mr. Walnut was an able and conscientious officer against whom there was no complaint, but that he had been “in office long enough,” and that the case was closed. Six months later the District Attorney, using the material that Mr. Walnut had collected, secured an in- dictment against McConnell and his forty-eight fellow- conspirators, and a year after Mr. Walnut’s dismissal the case was brought to trial. The trial was halted by a charge brought against the foreman of the jury of having accepted a bribe. A new jury was selected and three of the conspirators, becoming frightened, pleaded guilty and threw themselves on the mercy of the court. The attorneys for the government then arose and in- formed the judge that fifty-six of the sixty pieces of documentary evidence upon which they relied for con- viction had been “lost.” The judge directed the jury to acquit the defendants; those who had pleaded guilty were instructed now to change their plea, and McCon- nell and the forty-eight conspirators walked out of the court room technically innocent men. 126 SELECTED ARTICLES McConnell himself remained unperturbed during all these proceedings. He had such confidence in the po- litical power behind him that in the interval between his indictment and trial he announced himself a candi- date for the next legislature. The Philadelphia papers called the McConnell acquittal a national scandal and the most sinister event in the political history of the state, and they all united in demanding that the whole prohibition service be taken out of politics. There is only one way in which the prohibition ques- tion can be removed from the influence of party politics, and that is to place the entire prohibition service under the protection of the Federal civil service act. Promptly on the passage of the Volstead Act over the President’s veto, the National Civil Service Reform League pre- pared a bill to nullify the exemption clause and replace enforcement officers in the classified service, and with the cooperation of Senator Sterling, chairman of the Senate Committee on Retrenchment and Civil Service Reform, and Representative Tinkham in the House, it was brought before both houses of Congress. It re- ceived the endorsement of the General Federation of Women’s Clubs and the National League of Women Voters, but when the 67th Congress finally adjourned it had not been reported out of committee. The entire boot- legging industry of the country lined up against the bill, but its most formidable opponent was the Anti-Saloon League. Mr. Wayne B. Wheeler, counsel for the league, objected to placing enforcement agents in the classified service for three specific reasons: (1) It is an absolute necessity that enforcement agents be prohibitionists by conviction and in practice, and under the impersonal civil service law there can be no guarantee they will meet this requirement. (2) Agents who have to do with search and seizure are obliged under the civil service law to have a certain knowledge of law and to show two years’ experience, PROHIBITION 127 either of which requirements might prevent the appoint- ment of a man otherwise specially fitted for the work. (3) It is vitally necessary that agents who show themselves inefficient or dishonest, or who ally them- selves with bootleggers, should be instantly dismissed, and under the civil service law it is extremely difficult, if not impossible, to get rid of incapable or corrupt em- ployees. The advocates of the Sterling-Tinkham bill have an answer for each of these objections: (1) Candidates for office in the classified service are required to prove their fitness for the office desired, and the most important elements of fitness are belief in the law to be administered and the intention to obey it. These might well be made requirements for an ex- amination for these positions. Moreover, each candi- date is required to give the names of five well-known and respected citizens who will certify the candidate is and always has been, to the best of their knowledge and belief, a reputable and law-abiding man, and with this requirement it is highly improbable that any former saloon keeper, ex-criminal or any man known to be intemperate in his habits could qualify. The successful administration of the Harrison Anti-Narcotic Act is an irrefutable proof of the ability of the civil service sys- tem to provide enforcement officers of special training and integrity who are enforcing the law with a minimum of difficulty and scandal. (2) It must be remembered that since prohibition enforcement agents are exempt from the civil service law the United States Civil Service Commission has made no rulings concerning them. Hence what it might or might not rule should the Sterling-Tinkham bill be- come a law can only be a matter of conjecture. Officers having to do with search and seizure in other units of the Internal Revenue Department are required to have a certain knowledge of law, and considering the illegalities 128 SELECTED ARTICLES and absurdities into which the prohibition search and seizure officers have been betrayed from their lack of knowledge of law, this would seem to be a very neces- sary requirement. No candidate for any position in any unit of the Internal Revenue Department, however, is obliged to show more than one year’s experience. Mr. Wheeler’s assumption that a prohibition agent would be obliged under the Civil Service law to show two years’ experience is therefore based neither upon logic nor fact. (3) The fundamental rule for the whole classified service is that any inefficient or otherwise unsatisfactory employee may be dismissed at once and without appeal. The chief of any government office or bureau is distinctly authorized to suspend upon the spot for ninety days any one of his subordinates and then give in writing the reasons for dismissal, and an opportunity to answer them, but there is no trial and the removal may be made at the pleasure of the chief. In point of fact, it is only in the classified service that an inefficient or untrustworthy employee may be promptly dismissed, for under the system of political patronage no one can be discharged so long as he can use political influence. Although an opponent of the Sterling-Tinkham bill, Mr. Wheeler has publicly admitted the lamentable results of the political control of the prohibition unit, In a recent magazine article he says: “Political influence has been a great barrier to efficient enforcement. Many of- ficers and agents in the Law Enforcement Department were appointed through political influence quite apart from any interest in prohibition. The incoming admin- istration can increase the efficiency of the department ‘ by removing the drones and derelicts who were put there by political influence.” No one, not even the most ardent supporter of the merit system, claims that to put enforcement officers under civil service rules will make them all incorruptible saints, nor does any one believe that the non-political PROHIBITION 129 enforcement of the Volstead Act will at once turn every citizen of the country into a law-abiding prohibitionist. If, by divorcing it from politics, the Volstead Act can be made genuinely effective, in a few generations boot- legging and drinking will be as much under the social ban as theft and murder. Whisky will undoubtedly con- tinue to be sold in the haunts of criminals, and boot- leggers will ply a precarious trade in evil places, but no man in decent society will vaunt his defiance of the law, nor will the gilded youth boast of the contents of their hip flasks. It will have ceased to be respectable. THE POWER OF MONEY + The ease and quickness with which fortunes could be made accounted for persistent succumbing of state di- rectors and their offices to temptation. The New York and the Pennsylvania offices have changed control six times in the past three and a half years. Each has had one director and numerous subor- dinates indicted for fraud in connection with permits. Coupled with the temptation of extraordinary sums of money there were political influences of importance. The value of the office of the state director of prohibition as a political asset was soon demonstrated. It could con- trol numerous highly desirable appointments, could af- ford protection to favored persons and provide permits in payment of political debts, and, what was still more important, could collect unlimited sums of money for campaign purposes. Control of the office was eagerly sought by political leaders. The Republican leaders were alive to those con- siderations, and their original selections both in New York and Philadelphia were of men prominent in political life,—Judge Harte and Senator McConnell. Neither one lasted more than a few months and both were indicted 1 By T. Henry Walnut. Annals of the American Academy. 109: 205-6. September, 1923. 130 SELEGUED FARTIGERES within a year from the date of their appointment for the fraudulent issue of permits, and in both cases there was a persistent rumor that the money collected on the per- mits was intended in part at least to be applied to im- portant political purposes, one of which in Pennsylvania was the accumulation of a fund of great size for the elec- tion of a governor in the following year. However true the specific rumors may have been as to the political reasons involved, it is undoubted that enor- mous quantities of liquor were withdrawn from the dis- tilleries upon fraudulent permits and that enormous sums of money were paid for the permits. The permits so issued by the Pennsylvania office in a period of sixty days called for seven hundred thousand gallons of whisky and alcohol. The corruption fund arising from these papers must have run close to $4,000,000, which price was added to the cost of the liquor that was withdrawn and bootlegged. The power of money in such amounts to interfere with the customary processes of justice is a matter of grave concern. Moreover, when an investigation was made in 1921 into the operations of the prohibition office and of the liquor dealers who operated through it, the number of persons directly involved was disturbing and the ramifications of the business reached into all quar- ters of the state. In the foreground of the picture were five or six dealers, who within a year had lifted themselves from very moderate circumstances to a position of wealth. They had purchased one distillery after another which they proceeded to clean out on fraudulent permits. Back of them were smaller dealers, wholesale and retail, and a vast number of drivers and general aids and assistants, and finally the purchasers themselves, who were a trifle proud of their ability to buy liquor. There were prohibition officials directly involved and a procession of names of men occupying the most respon- sible positions in the state and nation, some of whom PROHIBITION 131 were so closely connected as to be just on the edge of prosecution. PROF BULIO NUN > HD Ey © Ui bt Commissioner Haynes of the Prohibition Enforcement Bureau, who used so willingly the clause in the Volstead Act making political plunder of the field service of his unit—who turned out with such alacrity the Democratic scoundrels he found in office and appointed on the recom- mendations of Republican congressmen and politicians an equal number of Republican scoundrels in their places— men who have made his service a by-word of corruption and inefficiency—this man now publishes what he would have us believe is a fair account of the conduct of the prohibition enforcement service. For a long time his policy had been one of concealment and of insisting that all was going well. I heard Mr. Haynes in August, 1922, in a speech at a Quaker reunion in my own town of Rich- mond, declare that his employees were “as high-type a force as was found in the government service,” and con- demn as “wet” propaganda all disparagement of their work. On November 15, 1922, in testifying before the house committee on appropriations, he said, ‘““We feel much grat- ified at the present functioning of our machinery.” Even as late as last June, Mr. Haynes declared in his report that his force was acting at a maximum efficiency under a limited appropriation! Instead of warning the friends of law and order to be on their guard, the effect of this was to lull them into false security. The unwarranted claims of satisfactory enforcement aided the violators of the law to get beyond control. The passing back and forth of the rum-running fleets which once moved under cover, tells the story. 1 By William Dudley Foulke. National Municipal Review. 13: 10-14. January, 1924. Trt te 132 SELECTEDVARTICLES On October 4, 1922, the commissioner issued an official statement that the office of the prohibition officer in New York state was in excellent condition though that office was then being investigated by a Federal grand jury which reported on October 27 that it had been conducted in a disgraceful manner, and six of the enforcement of- ficers and twenty-seven of their dependents were in- dicted for conspiracy for violating the Volstead Act. The grand jury say in their report: Apparently the agents selected for active work of suppres- sing illegal traffic in whiskey have been chosen principally for political reasons, when it was necessary to select men for this work who are worthy of confidence and of such stable char- acter that they would not yield to the temptations to which it was well understood they would be subjected. These appointees, being exempt from the civil service laws, were appointed and removed without the restrictions which those laws impose, and consequently the office seems to have been made the dumping ground for influential politicians who secured appointments for their henchmen without proper regard for the qualifications of those chosen. A little later, District Attorney Hayward, quoted in the New York Tribune of December 30, 1922, said that the first knowledge in his office of a great conspiracy came a few weeks previously from a volunteer witness, though the office of the New York prohibition director had most of the facts as early as June and did not see fit to turn them over for prosecution. A chronology of the notorious violation of the laws disclosed by the news- papers presents an appalling array of crimes. The commissioner has at last awakened from so much of his pipe dream as led him to tell us, and perhaps to believe himself, that all was going well. Concealment was no longer possible and it became necessary to confess that violations of the law were widespread and danger- ous. But still he insists that this is the fault of others— of lax enforcement by state and local officials and of general wickedness. That his own force of corrupt spoils- men was at the bottom of the lawlessness—this he is still unwilling to confess, PROHIBITION 133 In his twenty-first installment of Prohibition Inside Out, published in the Times, he thus refers to the dere- lictions in his own service: Within the enforcement organization we count the cost of the names of our men, dishonest, weak men and few in num- ber. . . In mercy to the weak I refrain from turning the page which would reveal the names of those who are fallen by the wayside. . . As the result of temptation in scores of forms and unceasingly offered, forty-three officers of the prohibition unit have been adjudged guilty by the courts since the beginning of the administration. Even so, the force was 99 per cent honest. A more outrageously disingenuous and misleading statement it would be hard to conceive. Because only 1 per cent had been actually convicted, therefore 99 per cent were honest! Does Mr. Haynes know the percentage of convictions in other crimes? The report of the com- mittee of the Bar Association at Minneapolis tells us that last year in New York two hundred and sixty mur- ders were committed and three convictions were ob- tained! This was 1.15 per cent of the murders actually committed, yet here was a crime where the moral force of the community would be in favor of conviction. In respect to the liquor law public opinion is often adverse and the proportion of violations which escape punishment must be very much larger. It is safe to say that the crimes committed by prohibition agents excede by many times the number of these agents, a single man often committing scores of them. In his very next article Mr. Haynes says the number of corrupt state officers is large and “those who have been caught are doubtless but a fraction of those who are guilty,” yet he would have us believe that he has caught and punished all the guilty in his own service and that 99 per cent of his own subor- dinates are enforcing the law! We know from what we see daily around us, that immense quantities of liquor are illegally sold every day with the connivance of prohibition officials. And yet Mr. Haynes says, “Of real corruption the per cent stands at about % of 1 per cent.” Mr. 134 SELECTED ARTICLES Haynes, if you believe this, you are deceiving yourself and the rest of us can no longer credit what you say. You tell us of the forty-three convictions. But you say nothing of the “almost numberless cases’ mentioned by President Harding in which “immediate dismissal” was necessary. Why are you silent on the Rhode Island service which had to be reorganized from top to bottom? Why do you tell us nothing of the service in New York where one director after another, with his chief subor- dinates, left the service with the marks of infamy upon his brow? Why nothing of Pennsylvania, where subordi- nates were actually dismissed by those higher up be- cause they tried to enforce the law? Why nothing of Montana, Wisconsin and elsewhere where your chief officers were faithless to their trust? I appeal from your misleading statistics to the common consciousness of the country that a great proportion of your service is rotten tothe core. Of course you have some good men in it, men who have resisted enormous temptations, among them your roll of martyrs, as you call them, thirty cases you say, who have been slain in the prohibition service. The mem- ory of these men deserves all honor at the hands of their countrymen, though it is a little hard to understand how such a case as that of John T. Foley, killed by the acci- dental discharge of his own gun, can be regarded as an instance of voluntary martyrdom. These things continue and grow down to the present time. On July 1, 1923, Commissioner Haynes dismissed, in New York, eighteen prohibition agents because they were “non-producers.” But the new appointments to fill their places were filled by the same political methods which created this non-production. On the same day dis- patches from Chicago brought word that Roscoe C. An- derson, prohibition director, and John E. Easley, his chief agent, and nine others had been indicted for dis- tributing among stockholders $200,000 worth of liquor stocks, and the Chicago district attorney then announced PROHIBITION 135 that charges of perjury against half a dozen agents would be brought before the next Federal grand jury. Leon Ackerman and George Arnold Fugitt, agents attached to the District of Columbia force, were held under a bribery charge. Ackerman recently declared he had been the victim of a “frame-up” by other prohibition agents. We need not decide the equities between these worthy gentlemen. One way or the other the guilt lay with members of this disreputable body. In Mr. Haynes’ Prohibition Inside Out we have many edifying cases of temptation resisted, of bootleggers skill- fully entrapped, of attempted bribery foiled by the efforts of the faithful. As the parties are not named, the stories cannot be verified or disproved, and we do not hear of the cases where the bootleggers succeeded and the brib- ery prevailed. He talks, for instance, of the pretence of influences in district attorney’s offices and elsewhere, pro- tecting violations of the law, not of the real influences which for a long time actually prevailed. His articles reminded me of a story by Charles O’Conor, the eminent lawyer, once engaged in the prosecution of Tweed and his fellow conspirators. A member of the New York ring once said to him, ‘They are very disagreeable, these damned lies that the newspapers publish.” ‘Yes, they must be very disagreeable,’ said Mr. O’Conor, “these damned lies that the newspapers publish, but I would not think that would be what you would find most disagree- able. I should think it would be the damned truths the newspapers publish which you would find objectionable, sir.” So it is not the pretended influences of which Mr. Haynes had the best right to complain, but the real in- fluences which have prevailed. But in spite of his desire to make them as small as possible, Mr. Haynes’ account itself shows the enormous number of law violations. Take, for instance, the im- portations from the Bahamas. He says that in 1918 there was only wine of the value of 8,675 pounds sterling and spirits of 6,370 pounds, but last year the wine was over 136 SELEGTEDMARTIGUES 27,000 pounds and spirits over 100,000 pounds. The traffic from St. Pierre, he says, has been enormous, the natives becoming rich out of these profits. He tells of the traps and vaults for storing liquor, covered with soil, whence it is conveyed at night by trucks for shipment in cars loaded with vegetables and destined to be lost in transit. He tells us of farmers who have not raised a hundred dollars’ worth of produce in years who now have fine touring cars; he tells of wild parties of rum runners in which women participate. He tells us of a possible minimum of one million and half gallons of im- portations for 1922; of the twenty-nine vessels which were seized and forty motor boats. He describes the wholesale smuggling at Detroit; the wholesale importa- tions from Montreal across the New York border; he declares that Canada received many millions in taxes from these importations. He describes the highjackers who rob and murder the bootleggers—the piracy which he says is rampant from the Carribeans to Newfound- land as well as in the Great Lakes and Puget Sound and Mexico. He talks much of protection of bootleggers by officials, but he gives his illustrations from the officials of different states and cities and not from his own subord1- nates. He seeks to divert us from a contemplation of present infamy by golden promises of future perform- ances. Conditions may be bad today, but he endeavors to inspire faith by predicting the most satisfactory en- forcement of prohibition in times to come. But was it not St. Paul himself who once defined faith as the “sub- stance of things hoped for, the evidence of things not seen’? Was it not Alexander Pope who said: “Man never is but always to be blest’’? Unfortunately we have no better means to gauge the future than by the past. The prohibition bureau has already been in operation over three and a half years. Have violations of the law increased or diminished dur- ing that time? Mr. Haynes tells us in his articles that PROHIBITION 137 the general decrease in arrests, prosecutions and convic- tions for crime, in general, and especially for drunken- ness is evidence that the Volstead Act has benefited the world. The decrease in prosecutions, he says, shows a great gain. What, then, shall be said of the report of the Attorney General to the President, in regard to the enforcement of the Volstead Act itself, which tells us that during the forty-one months’ period since that act was passed, each year has brought an increase in prosecutions and convic- tions; that there have been at least ten thousand more convictions this year than last and fifteen thousand more than the year before? These figures, he says, not only show the rapid increase of prohibition cases but also in- dicate a stricter enforcement of the law. A more recent report of the Attorney General shows that the increase in convictions was even greater than that stated above. Now if according to Mr. Haynes, diminished arrests and convictions show improvement as to other laws, does not an increase in convictions for violations of the Vol- stead Act show that conditions in regard to its enforce- ment are growing worse? ‘The Attorney General tells us that the average of the last fiscal year is more than three times that of the first fiscal year. If these things mean merely increased vigilance in prosecutions, then what becomes of Mr. Haynes’ argument that fewer ar- rests, prosecutions and convictions mean fewer crimes? Do they mean merely diminished vigilance? His argu- ment cannot work both ways. ‘The inevitable inference is that violation of the enforcement act are tncreasing day by day and month by month and that the failure of the bureau to enforce the law under the spoils system ts becoming each year more apparent. The only possible chance for an amelioration of present conditions in the Prohibition Enforcement Bureau is to provide that every place under the commis- sioner, from the top to the bottom, shall be included in 138 SELECTED ARTICLES the classified service and that examinations shall be held, not only for new appoimiments, but in regard to the places which are held so largely by men who are now violating the law; that the men now holding these places be required to compete with other applicants, and that a thorough investigation be made by the civil service com- mission as to the character and integrity as well as the other qualifications of all who apply. WET AROUND THE EDGES? We have had prohibition four years. And the coun- try is still 381% per cent wet, according to the Attorney General’s office. Bootleggers and smugglers thrive in the United States because politics has made the game easy for them. The accompanying map is the basis for the above statements about non-enforcement of the Volstead Act. This map was prepared by Mrs. Mabel Walker Wille- brandt, Assistant Attorney General of the United States, and the one person in private or public life best qualified to express an intelligent opinion on the degree of non- enforcement. Mrs. Willebrandt is in charge of all pro- | hibition matters in the Attorney General’s Office. The blacker the spot on the map, the wetter the state is. Pre- pared by Mrs. Mabel Walker Willebrandt, Assistant At- torney General, the map shows the degree of non-enforce- ment in each part of the country. The detailed figures of non-enforcement are as follows: State Per cent State Per cent Milabamas Nort uve ee LOM nWelawareyn. dc vanieeee else 75 AMilabama:) Southio dese 26 MAH Orie. Sols Vanvl nieve 75 ATION on tet Gainer ae ee COMM GEOr Sia COAST mun mianemen ie go INGATISAS Ul Cl ci clMiL Wn Ae le NeA ZO Georeia’ | ititerior mies eas 20 Calizornianinorth ieee wee roth UAL Ma bel s Co apm eh Ge ah Id pa 5 Gahtornia, south) Soe BOVAMENLLNTIOTS 1 0/2fe Suman ee ce oe 65 GOlOraAdOntae neice ten enters U4 1H Ba Cab Eb 0 WinrybaAlp nate i? fe ab eared) 40 COnnectiCntieest.\ rune SOE O Wa |.) cael Cevon i eRy ann eG IO 1 By Jack O’Donnell. Collier’s Weekly. 73:5. January 26, 1924. 139 PROHIBITION 140 SELECTED ARTICLES State Per cent State Percent KK ONSAGae NG erie tals isnt a « s) aN. Carolina, codsti. mares 70 Kr EG yun ven ears aie. oon oe bse 50... ON. Carolinasanteriona esa 15 LLOUIStATIATMIOTLN Mec kio's bles 25. North Dakotain see ee 50 TOOTS TA RN AMESOLICE weeteescle ee, wh 00.) ObiG cea iis eee ee 20 WE ATG UNe eA ster c's crave ct cholo 4 20' Oklahoma niyn seer eee 10 Mia LAT eRe Wea y aves aes 78.) Oregon iit oe naue eer 50 IMASBACHUISEUESIN ae eae o see 976); Pennsylvania y anes ce ees 70 EEC) ERE by UNL ee Re AL 50°) } Rhoden lslandiien eee 75 TOE CR Ta Sig) B21 Ue a 50) oa, Carolina wcoastin.s aaesem IMASSIESIDODL UNOTLA Ys ssh msle = 20 No Carolinas intenoree ee ee 15 INVISSISSIN DEY SOUL ns sa vie eee 60,0 hoouth Dakotaliaian meee 10 IVER SS OTT Mp eos is otis Waals ig stein etek 40 Tennessee 2st. . ss ene 10 Witt aria guste rte eee cuisines wosieie BO ee uLexas ia ca Vain tra eee 20-40 IV GTTAGIA4 ve meva tate yolk ue oe TON Utah ee. ee ree 5 INGE Lain cay ie sei rah Os ave een LS Hii CTEIOnitie,. ave eee an Sareea 60 New wiampshite 2,000. .e": Gol Vireiniay cin Ce.cet eee 30 Newiclersey ay acne ask een OO FA VV aS STO ue sda seen 50 IN Gwe NLexico (iscie een es 20 ee West) Virginia) > 4 vere 30 Newry ork, ssouthiaancms ae Os WV ISCONSIN ©. panted suk teres 40 New. York snorth yea OO Nene WV VOmitio ee Gls oat eee eee 10 The average degree of non-enforcement throughout the United States is 38% per cent. HOW WET IS VPEN NS Me VAIN Te Suffering from “a liquor deluge,” where practically every city is “wet as the Atlantic Ocean,” prominent among the states of the union as “offering the most ex- cellent opportunities for drinking,” a “bootleggers’ Ely- sium,” brazen in its defiance of prohibition laws, where “there are far more wide-open saloons than ever flour- ished in pre-prohibition days’—these are some of the characterizations applied to the state whose governor re- cently appealed to the President of the United States for help in damming the flood of bad liquor. A New York newspaper man, inspired by Governor Pinchot’s startling revelations, has conducted an investigation in the prin- cipal cities, and he presents even more startling results in a series of articles in the New York Tribune. He con- fines his testimony to what he saw with his own eyes, 1 Literary Digest. 79: 38-40, 42, 44. November 10, 1923. PROHIBITION 141 and to what he was told by a number of prominent Pennsylvanians, chiefly Prohibitionists. Typical of the testimony he quotes is the declaration of the Rev. A. J. Weisley, pastor of the Green Ridge Presbyterian Church of Scranton, that “‘Scranton is the wettest of the wet cities,’ and that ‘““New York handles the situation much better.” Observers in practically every large city in Pennsylvania gave their own localities an equally bad reputation. In Pittsburgh, we are told, “there seems to be no pretence of obeying the prohibition laws,” and in Harrisburg, the Rev. Dr. Robert Bagnell, pastor of the Grace Methodist Church, recently “startled a meeting of church people by the assertion that the Eighteenth Amendment was being flagrantly violated.”’ But in Phila- delphia, which the New York investigator visited a few days after Governor Pinchot had publicly announced his attentions of padlocking the doors of the liquor dispen- saries, conditions were the worst. “If Philadelphia is not at this moment actually submerged by a liquor del- uge,’ reported the investigator, M. Jay Racusin, on Matoberi Zi): The engulfing torrent, from all appearances, must be pressing the Quaker City hard. Considering the ease and freedom with which it is possible to obtain intoxicating liquors in this city, it can be said, unreservedly, “That’s all there is; there isn’t any more.” Governor Pinchot said so himself, shortly after his visit here some weeks ago, when he hoped to exterminate the myriad liquor dispensaries that dotted the city, by threatening to padlock their doors. “The saloons in Philadelphia,” he said, “have paid no attention to the law. They have been selling liquor more lawlessly and operating in more open defiance of the Federal and state laws than in any other city of the commonwealth. There are over thirteen hundred saloons in Philadelphia.” Investigation reveals that he greatly understates the case. There are, in fact, according to police records, 142 SELECTED ARTICLES eight thousand places in the Quaker City where one may obtain high-voltage beer and whisky of character. This is the figure actually counted by the police, but their chief intimates that this scarcely tells the story. There are at least eight thousand more rooms and shops of one de- scription or another, he says, where intoxicants are being sold without the knowledge of the authorities. The recent repeal of the Brooks high-license law at the instigation of Mir. Pinchot is asserted to have been mainly responsible for the amazing multiplication of sa- loons over the eight hundred-odd bar-rooms that existed before the repeal of this law. Perhaps a more impressive picture of the conditions can be obtained from the knowledge that in a period of eight months preceding September 1 there were 29,134 arrests here for intoxication, 5,346 other arrests for dis- orderly drunkenness, 383 intoxicated chauffeurs taken off the streets, and 1,082 persons taken here and there on suspicion of bootlegging. Only last Saturday night and early this morning more than four hundred and forty drunks were taken up by the police. It is estimated that at the tempo of the present drinking orgy a record of more than one hundred thous- and arrests will be established this year for all causes revolving about the drinking and selling of liquor. The authorities told the writer, he reports, that they were so hard-prest for cellroom for their prisoners that they had been compelled to release large numbers, simply because there was no place to keep them. Furthermore, the report runs: More than 200 cases are awaiting trial in the county courts, while the Federal District Court here has a staggering calendar ‘of 300 liquor cases to look forward to at this term of court. If more details were needed to depict the failure of Prohi- bition in Philadelphia to-day it could be said that the demand for saloon space has sent likely corners up from their $60 to $70 monthly rentals to $200 and $300. The entire local market of limes has been bought up by the saloon men for their streams of gin rickeys, and the fever to get into the saloon PROHIBITION 143 business has lately been such that one finds drug-stores, grocery- stores, garages, stables and dwellings converted into barrooms over night. Window after window offers elaborate displays of liquor flasks and cocktail shakers, while prizes of similar articles are offered at social functions and sporting events. One can cap the climax of his investigation by strolling along the principal streets in the center of the city and observing the doorsteps and curbs littered with helpless inebriates. The med- ical care of the tremendous number of these drunks taken into custody has made such demands upon the police surgeons in- trusted with this work that three of them were compelled to resign because they were unable to weather the strain. Certain citizens here, while looking eagerly for some method to deal with the problem, looked with humor upon the padlock- threat attack launched by the Governor on October 2. “When the band passed, it was all over,’ was the way one of them exprest the net result of Mr. Pinchot’s expedition. ‘The rivers of beer and liquor found by the Governor are still bubbling in his wake. Business is going on as usual.” It is hardly possible to offer any more striking details of the situation than those observed by the Governor himself. The beer sold throughout the city is frequently dosed with ether and is working havoc among drinkers. The whisky is rarely of good quality, and is usually alcohol diluted with water and with a mere flavoring of genuine whisky. “Mustika,’ a fiery Greek concoction, has become extremely popular in this city and is sending many to the hospitals. The service in the barrooms is far ahead of that offered even in other cities. It used to be the custom—for safety reasons —for bartenders to sneak the liquor into the hand of the patron and request the patron to take it at a gulp. This haste, how- ever, has now universally given way to a leisurely procedure. Mixed drinks have come into fashion again, and the high-ball and cocktail glasses are placed in rows upon the polished bars and the drinks mixed before the eyes of the customers. To attract attention to the quality of their goods, re- ports the Tribune investigator, some of the “barkeeps’’ actually call attention to the fact that William Penn was a brewer and has left with them the formula of his “most excellent beer.”’ Others assert by placards on their walls that their beer has been “lagered in the lager (aging) caves recently discovered along the banks of the Schuyl- kill.’ The report continues: 144 SELECTED ARTICLES No attention whatever has apparently been paid to Governor Pinchot’s peremptory notice to 1,300 of the places that they must close at once or face injunction proceedings. The most striking beer- and liquor-drinking sights are to be seen on Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth and Thirteenth Streets in the down-town section, and on Wal- nut, Chestnut, Sansom, Arch, Race, Vine and Callowhill Streets ; Ridge Avenue, the Kensington district and the West Philadelphia section. On Twelfth Street one saloon was observed to be jammed to the doors, with the drinkers elbowing their way to the bar through four lines of men. Outside this place numerous men reeled about in drunken stupors. In a saloon one block away girls were observed drinking at the rail with crowds of men customers. In two short blocks here 100 drunken men were counted on one side of the street. In a place in Arch Street three bartenders and seven waiters were kept on the jump serv- ing scores of eager patrons. In another saloon in Twelfth Street more than 120 men were counted drinking beer and whisky at or near the bar. Among these were about fifty Navy men. There were five bartenders here. In another place six bartenders had their hands full attending to the demands for drinks. There was a flourishing little bar near the historic old Betsy Ross House, and another two blocks away. “Give me a red one,” or “a high white one,” or “punch it with lemon and fixings,’ you order in another place. Inva place on Columbia Avenue, drinks are mixed on the tables be- fore one, just as in pre-Volstead days. Many of these places have been turned into lively dance- chambers, with the beer and alcoholic beverages flowing like water. And so one could go on indefinitely. The present-day at- tempts made to deal with it by the various state, City and Fed- eral agencies are feeble and ineffective to say the least. Federal Judge J. Whitaker Thompson complains that, in his opinion, the Federal courts should not assume the sole burden of trying the liquor cases, but that it should be shared by the State courts. Apparently staggered by the huge calendar of these cases, Judge Thompson says, “this court can’t give any more time than it is now giving to the handling of Prohibition cases. We can’t try more than fifteen or twenty cases a week. “On the surface,” Judge Thompson added, “it certainly looks as if all the injunction suits were intended for the Federal courts. I want it distinctly understood that this court, with but three judges, and its calendars cluttered with many kinds of lawsuits, could not possibly hear a flood of these injunction suits, and, while we are willing to do our part in the enforcement of this PROHIBITION - 145 law, the State courts should also do their share. Does the State of Pennsylvania expect the Federal judges to do all the work, or are its judges going to help out?” The courts thus have been brought to a virtual impasse, so that the chances seem small of a considerable number of 1,300 saloons being legally proceeded against and a decision rendered within a reasonable time. The only padlocks on the barroom doors are those placed there nightly by the owners themselves. Directory of Public Safety Cortelyou admits that drunken- ness is encountered generally in the streets of the city. Super- intendent of Police Mills adds that police supervision of the saloons is virtually impossible, because, he argues, 8,000 “blind- tigers” have blossomed into being throughout the city, where, before the passage of the Pinchot State enforcement act, there were only 1,400 licensed taverns. In addition, it is argued, any efforts the police might put forth to clamp down the lid are defeated by the action of the local municipal and county courts in throwing the cases out wholesale. The arrests are continuing, however, it is said, under the Pinchot Dry act, but little appreciable results are looked for. Several church bodies are uniting for action on their own account. How they hope to accomplish what the local govern- mental agencies admit they have been unable to do is hard to see. As for the attitude of Mayor Moore, the liquor question is probably the sole subject upon which he rarely expresses him- self, Above it all remains the one striking fact—Philadelphia is soaking wet and, from all appearances, will continue to be so for a long time to come, unless some power not now evident enters upon the situation with a more effective stick than has yet been brought to bear upon it. As with Philadelphia, so, reports Mr. Racusin, it was with the other cities, large and small, of Pennsylvania. He visited Scranton, where, he says: The vaccine of Prohibition seems to have had not the slightest effect. Scrantonians have as much opportunity to-day for drinking spirituous liquors as they had in the pre-Volstead days, when its 135,000 citizens had at their disposal the faucets of 4oo thriving saloons. This striking fact becomes evident at once to the most su- perficial observer. The city’s officials and prominent citizens admit it. John Durkan, the Mayor, says he is “up against it.” The State authorities appear to bestir themselves little beyond grabbing a liquor vender once in a while and throwing him to the Federal courts, where the Judge says “most of the cases will rest and go to sleep.” 146 SELECTED WARUIGLES There are blind-tigers, speak-easies and old-time saloons a-plenty. The writer visited a score of them in the busiest streets of the city. Some time ago, August 30 last, to be exact, State troopers served notices on the most brazen of these places that they would have to “close up and get rid of their customers and tear out their fixtures,’ and that they must “desist from keeping alcohol, brandy and other spirituous, vinous, etc., beverages or liquors of one-half or more of I per cent.” It was, in truth, a farce. Men were seen drinking, but no effort was made to arrest them, nor was any attempt made to seize the stored liquors. Mr. Racusin gives the names and addresses of a num- ber of places where customers can get liquor of any sort, without an introduction, and, apparently, without limit. “But why go on?” he asks, for— One need hardly be told of these spots. There is evidence sufficient of their existence on the streets. In a period of fifteen minutes the writer saw four drunken men on Washington Avenue. The press here keeps a picture of the situation con- tinually before the public by insisting every now and then that drunkenness has increased ‘50 per cent.” Nearly every month, as the newspaper files show, it is indicated that the number of arrests for drunkenness has risen 50 per cent. over what it was last month or year. In Easton, the “staid college town by the Delaware River,’ the writer reports that he found “not only as many saloons in the town as there were in pre-Volstead days, but a host of speak-easies beside.” He goes on: One need not take the writer’s word for it. Robert Stofflet, who represents Northampton County, of which Easton is the seat, in the Keystone State Legislature, has said that if some mythical giant took the town in the palm of his hand and gave it a vigorous shaking, as he would some dice, its 35,000 inhabi- tants would be found dripping with loosened liquors. He told an audience a few days ago that he could point to one block in Easton which before Prohibition harbored “only” five saloons, in which there now were not only the same five saloons, but also fourteen speak-easies, all doing a thriving business, and all quite openly and without any apparent effort at secrecy. Here can be seen the characteristic sign over the door an- nouncing that the place is a “barroom.” Here, too, are the swinging-screens, the polished bars with the time-honored pretzel PROHIBITION 147 bowls, and heaps of hard-boiled eggs. No questions are asked except merely, “Scotch or rye?” The saloon men in Easton received no notices that their places would be padlocked if they didn’t close up. In the round of the “wet nuggets,’ as they are referred to here by certain authorities, one soon forgets the existence of Prohibition statutes. The police, in fact, seem to ignore these statutes en- tirely. When an occasional delinquent is picked up in the for- eign quarter or outskirts of the town, he is brought before the Municipal Court judges, not on any charge related to either State or Federal Prohibition laws, but on the ground that he has violated a local health regulation forbidding traffic in food products “unfit for human consumption.” Within a radius of three blocks in the center of the city, adjoining Center Square, the writer counted twelve places oper- ating quite openly as saloons. While before Prohibition the town had but thirty licensed liquor establishments, I was in- formed on the best authority that this number probably has been doubled, with the home brew evidently quite plentiful. A peep at some of the neighboring towns, says the Tribune investigator, indicated that the conditions of Easton were typical of most of the smaller communities dotting the eastern half of the state. He says he was told that, in the distant past— The motions of clapping on the lid were gone through with appropriate flourishes and ruffles, and some fears were felt more recently in certain quarters from Governor Pinchot’s padlock threats. But never has any move of any considerable impor- tance been made by either State or city authorities to bring liquor venders within the law since the descent upon the town of an army of Federal agents in August, 1922. Road-houses belt the city. South Delaware River Road can boast of these wet bungalows, while Nazareth, Freemansburg, New Burg, Raubsville and Belfast all can tell stories of open houses. In Nazareth, through the windows of a supposed ice- cream parlor, one may observe persons sitting at tables drink- ing ee ae One need not be known in these places, as I can testify. Harrisburg, the capital, says Mr. Racusin, is less open in its defiance of the liquor laws than most of the other places he visited. The police report almost double the number of arrests for drunkenness registered a year ago, but, so quietly is the traffic conducted, that “one is led to suspect a conspiracy of silence on the subject.” 148 SELECTED ARTICLES After presenting the testimony of one of the city’s lead- ing pastors to the effect that the liquor laws are being “flagrantly violated,’ Mr. Racusin proceeds: As a matter of fact, the writer found a large proportion of the old-time saloons were doing business at their old stands without so much as changing the old beer signs that had been gathering dust in their windows for years. The recently enacted State enforcement law only served as an additional inducement to continue in the business by removing the overhead license tax. These places, variously estimated at from forty to seventy in number, make no effort to pose as any other than genuine barrooms, the bartenders in many instances being known to fre- quenters of pre-Volstead days. The beer offered is in the main of good quality, altho I am told that some days it is better than others. In most of these places I learned it was possible to obtain the harder liquors, tho one had to be introduced. More startling is the evidence that the old saloon with the picturesque back room is hanging on here, altho now a memory to New Yorkers. The writer visited six of these places, where after being properly introduced he was offered many per cent. beer and “shots” of moonshine. I found beer’and whisky selling going on in a hotel not far from the Capitol. In three blocks on Market Street I counted four places where one could obtain beer of “excellent” quality, and vinous spirits if one were “recognized.” Harrisburg, like other towns visited through the State has its quota of wide-open road-houses. One need only go out into the river drive toward Coxestown to find a bevy of them. Coxestown itself, a stone’s-throw from the Capitol is said to be dotted with illicit stills. What is happening as a result of these conditions? On the surface Harrisburg appears calm and indifferent. I am told by some of the citizens that few intoxicated persons are seen on the streets, and that brawls are uncommon. At Police Headquarters I was told, however, that of the city’s 75,000 inhabitants, 682 had been arrested so far this year for drunkenness. The number of arrests for the whole of last year “was 504. In the first eighteen days of this month fifty-four drunkards were picked off the streets, while fifty-two were taken in the whole of the same month last year. The police pointed to the fact of thirty-three chauffeurs having been recently arrested for intoxication while driving, as a sinister development of the situation that had never been experience by the Capitol before. In the matter of preventive or corrective measures practic- ally nothing is being done. The County Prosecutor last fall gathered evidence against nearly all of the saloon-keepers, and PROHIBITION 149 sought to have them convicted. The liquor men evaded punish- ment by contending that they had purchased beer of the legal alcoholic content but that it grew stronger while awaiting sale in their cellars. All the cases were dismissed by the country courts. Pittsburgh, the second largest city of the state, was described to the investigator by two of its prominent citi- zens as “wet enough for rubber boots,” and “positively rotten” as far as liquor conditions were concerned. The investigator reports: The city, in fact, is as wide open as a gaping door. It has been estimated that there are at least 2,000 places here where one may obtain high-power beer and spirituous liquors. From fifty to sixty drunkards are picked up on the streets by the police daily, and some days the big industrial plants in the outskirts have difficulty in operating because of the wobbly con- dition of their workers. The municipal, State and Federal authorities are making little headway cleaning up the city. The Federal courts are already clogged with 500 violation cases awaiting disposal in November, and a similar condition prevails in the county courts. There have been no threats of padlocking here, and mention of some such possible step by Governor Pinchot is received with an indifferent wave of the hand. Nobody seems to care. The Federal enforcement agents say they are not permitted to serve summonses on offenders after sundown, just when most of the violations take place. Mayor Magee declines to comment on enforcement. District Attorney Gardner and the county authorities generally are so occupied with age-old cases that they appear to have little time to give to present conditions. All of which must be thoroughly satisfactory to the hosts of bootleggers and liquor dispensers that are openly trafficking in violation of State and National laws. To the outsider, as to the writer, the sight is astounding. In one spot I observed five saloons in a row packed to the doors with beer and whisky drinkers and a policeman stationed outside to keep the lines of incoming and outgoing patrons in order. There was not the slightest effort made to conceal the nature of the business. In three of these “bars,” as their signs called them, four bartenders were kept on the jump handing out 6 per cent. beer and hard liquor for the mere ask- ing. With lines three and four deep, the familiar negro waiter offered slices of roast beef to the crowding patrons, the cheese plate and pretzel bowl at each end of the bars, it took one 150 SELECTED ARTICLES back to the old Bowery days. It was hard to believe that this was taking place in a dry age. One aspect of the situation, reports Mr. Racusin, is that various neighboring industrial centers “often find themselves crippled through the opportunities offered their employees for indulgence in drink.” The liquor, popular in such sections, it appears, is colored alcohol, and six workmen had died from its effects within three days preceding his visit. He was not surprised, adds Mr. Racusin, when H. D. W. English, a prominent churchman and chairman of the Prison Board, told him that the jail population was on the increase. He quotes Mr. English, in conclusion, as follows: “We've got Prohibition in Pittsburgh only on paper. The State troopers ought to be trebled and brought into the city and the place cleaned up. You can’t do it with Federal troops. Such a suggestion is ridiculous. You can’t eliminate the saloon between reveille and taps any more than they can be eliminated by merely wishing them out of existence, which is about all that is being done at the present time. I have no illusion about the openness of the traffic, nor has any one else of our citizens. The situation is rotten. So far as the saloon is con- cerned, its business is as usual. The only apparent difference now is that intoxicants are a little more expensive than they used to be. BRIBEPREXGCE REDS The prohibition force itself is honeycombed with graft.—George MacAdam. World’s Work 41:510. March, 192i. As for the law-breaking of the classes which com- monly stand for law-abiding, it is partly resentment and partly bravado.—S. K. Ratcliffe. Contemporary Review, 120:490. October, 1921. Few men in any line or calling are subject to the temptations which beset the prohibition-enforcement PROHIBITION 151 agent at almost every turn—Roy A. Haynes. Prohibi- tion Inside Out. p. 43. It is to be doubted if the bootleg traffic could sur- vive a month if ordinary law-abiding citizens did not at some step become participes criminis.—World’s Work. 46:577. October, 1923. That the lack of enforcement of the prohibition laws has developed into a national scandal no informed per- son who cares to be frank can deny.—H. L. Scaife. Current History. 18:235. May, 1923. The men who put across prohibition have succeeded in making a nation of home-brewers and in creating contempt for law, asserts the Providence News.—Liter- ary Digest. 71:13. October 15, 1921. In the larger cities of the country at least fifty per cent of the moonshiners apprehended by enforcement of- ficers are unable to speak English, and nine moonshin- ers out of every ten are foreign born.—foy A. Haynes. Prohibition Inside Out. p. 21. The chief patron of the bootlegger is the well-to-do business man. Take away his patronage and the boot- legging traffic would fizzle out—George W. Wheeler, Chief Justice Supreme Court of Connecticut, im a letter to Elbert H. Gary, under date of August Ist, 1923. The money that has been expended in the past few years in the corruption of the federal [prohibition en- forcement] service is incalculable. It must run to enor- mous figures —T. Henry Walnut. Annals of the Ameri- can Academy. 109:206. September, 1923. Laboratory tests show that bootleg liquor and the ante-prohibition liquors are much the same, considered 152 SHEEOG TED VAR DIGiics from a toxic viewpoint.—Charles P. Howard, Chemist, New Hampshire State Board of Health. New York Times. June 15, 1924. Prohibition has never had a fair chance. By ex- empting enforcement officers from the operation of the federal civil service law the Volstead Act turned them all over to political patronage and made enforcement a political game—ZImogen B. Oakley. Annals of the American Academy. 109:165. September, 1923. The federal laws had been granted more respect than local laws. There had been about the federal processes of justice an impersonal relentlessness that was dreaded even by the professional criminal. But this respect passed with the development of prohibition—T. Henry Walnut. Annals of the American Acudemy. 109: 203. September, 1923. ARRESTS FOR DRUNKENNESS San Francisco Los Angeles LODO Oe Wasa raat e s INMN 2,T30' LOZO ee a cate ky re ce 3,357 TOZT A ear i wedi etl ke witere 5,547 TO2TWANA sae ree ee ee 6,559 1022 Ate RET ees (320.9). TO 22 WRC dead ee elie ee 9,911 1923) Mee ate eran a 10,577 Po lO23 ce er aNd ae aren 12,839 —Daily Commercial News (San Francisco). January 10, 1924. “The greatest breeder of crime and criminals in America is the failure to enforce the Eighteenth Amend- ment. Failure of the United States government to do its plain and simple duty under the law is the main cause of lawlessness today. Immunity for crimes against the Eighteenth amendment has encouraged other crimes until today we face a situation in which not only the criminal classes but the great bulk of honest citi- zens thruout the country is firmly convinced that the government does not really intend to enforce the law. “T know of no scandal in our national! history to com- PROHIBITION 153 pare with it.’—Governor Pinchot of Pennsylvania as quoted im the Cleveland Press. January 17, 1924. Enforcement of prohibition laws in Ohio is result- ing in heavy expense to society and the state with widely different results in the collection of liquor fines in the different counties. A state wide investigation just completed by The Plain Dealer shows many liquor law violators held in county jails for refusal or in- ability to pay fines, families of some of them in desti- tute circumstances and a growing restlessness on the part of both county officials and public at continuing to shoulder the growing cost of letting prisoners “lay out” their fines while the public pays for their “keep” and sometimes that of their families—Cleveland Plain Dealer. January 20, 1924. “Last year we analyzed 40,000 samples of liquor seized by the government in all parts of the country”, said James M. Doran, head of the Industrial Alcohol and Chemical Division of the Prohibition Unit, Wash- ington, D.C. Only 2% were genuine—98% were imi- tations and unfit to drink. The majority were poisonous. Virtually no liquor is coming into this country from Scotland, England or Continental Europe. All of the stuff smuggled in by rum runners is bad raw alcohol, made in Cuba from blackstrap molasses, then shipped to Nassau where it is colored and flavored. All brands are made from the same vat and bottled under counter- feit labels —A. B. MacDonald and Hugh S. Cummings. Ladies Home Journal. 40:181. May, 1923. The sewer inspector of North Tarrytown, N.Y. has been compelled to beseech by public proclamation the good citizens of his town to refrain from throwing the refuse from their private—and illicit—stills into the sewers. Grain, mash, prune pits, and like discards have clogged and choked the pipes to the necessity for 154 SELECTED ARTICLES repair, and realizing the absurdity of requesting a law governing or even restricting the performance of an illegal act, the inspector falls back on good-natured ap- peal. Sooner or later the home brewer and distiller must have his own disposal plant, or at least some nomen- clature committee may have to decide whether hooch refuse is sewage or garbage.”—The Engineering News- Record (editorial). 59:172. August 3, 1922. There are approximately 500 cereal-beverage manu- facturing plants in the United States. Over 200 of these plants have been reported during the past 12 months for violations of law. Approximately 125 of them have been placed under seizure. Approximately 75 of such companies have settled their civil liabilities by compro- mise where the case arose prior to August 8, 1921. Those arising subsequent to said date were settled by a compromise of their civil liabilities after a plea of guilty to the criminal information filed against them. The unit has refused to issue permits to some 48 brew- ers who have violated the law under permits previously issued.—r1922 Yearbook of the Anti-Saloon League. p. 86. The amount of beer illegally made in breweries is in volume very small. This is clearly proved by the Internal Revenue reports. The brewer who is occa- sionally making real beer reports it as a cereal beverage, and he would be foolish to attempt to do anything else. The total output of cereal beverages for the last fiscal year was approximately 5%4 million barrels for the en- tire United States, which is considerably less than one- tenth of the former beer output of the United States. The home brew business is negligible. Home brews are troublesome and unsatisfactory. Undoubtedly, how- ever, a considerable amount of such beer is being made by saloonkeepers themselves.—Hugh F. Fox, secretary PROHIBITION 155 United States Brewers’ Association in a letter dated January 28, 1924. It is virtually impossible to buy good whiskey from the illicit liquor interests in the United States today. What the bootlegger offers as high grade imported whis- key or bottled-in-bond stuff is neither. In 95 per cent of the cases, or more, it is moonshine—not pure and simple, but watered, thinned down, adulterated, and fear- fully doctored with chemicals, many poisonous, to give it color, a “kick,’ and a bead. When reports of huge smuggling operations are circulated, it should be remem- bered that the illicit liquor interests are conducting a great and elaborate propaganda campaign to discredit law enforcement, and that the spreading of such reports is part and parcel of that campaign. No bootlegger, of course, is willing to admit that he can obtain only adulterated moonshine. Hence, fanciful tales of the wet wave sweeping in on our coasts, and other related false- hoods swung from mouth to mouth to hide the real and dangerous origin of what the bootlegger has to sell. —Roy A. Haynes. Prohibition Inside Out. p. 15. In 1921 while visiting one of the college fraternities at Syracuse University I was told three different times, each time by a different student, and each time in the presence of one or more other students, that a member of that fraternity, who had completed his work at Syra- cuse University a year or two before, had made a hun- dred thousand dollars in the previous year by bootleg- ging. They said he operated in and around New York City, having his own cars which brought the liquor from Canada. They also said that while at Syracuse Uni- versity the man in question had been a star athlete, had played on the Syracuse University varsity football team, and had been ranked by Walter Camp as a mem- ber of his second All-American team. The thing about 156 SELECTED ARTICLES the incident that impressed me most was that all the members of this fraternity seemed to know all about it, seemed willing to tell all they knew, and seemed quite proud of it, for it was one of the things they men- tioned in a boasting way. Similar bootlegging operations, carried on in 192C by several students at Dartmouth College, came to pub- lic attention when a member of the senior class was murdered by a member of the junior class as the result of a quarrel over whiskey which they had smuggled from Canada by automobile. Further details may be found in the newspapers of June 17, 18, and 19, 1920, —Lamar T. Beman. For years the custom in Cleveland has been to “gol- den rule” men only slightly intoxicated, releasing them as soon as they sobered. But although the number of golden ruled has been increasing since 1920, only 12,408 were golden ruled in 1923, as compared with 25,443 in 1917, while the number held for court has jumped to 6,334 in 1923 from 1,209 in 1917. Arrests for intoxi- cation from 1917 through 1923 show a decline up to 1920, but an increase from then on. Figures taken from yearly statistics kept by Chief Jacob Graul follow: Held for Golden Year court ruled Total TOT ci ca eles ota re 1,209 25,443 26,652 LOIS aie area aise ie Mimian ota 858 20,091 20,949 FOIQT ATR ee een eis ee 495 12,959 13,454 TQ2O iiiehd < WELLE ITE AO, ses tare 474 9,050 9,524 TOQT(). Ars mate, Metane i aha tar 2,834. 9,642 12,476 TO22 Gy ei cie Saree anc en eee 4,434 12,246 16,680 TO23) LOVE RR) Tee OR 6,334 12,408 18,742 Prohibition went into effect in Ohio in May, 1g19. Enforcement did not get under way until the following vear. These figures are arrests by police only. They do not include thousands of arrests by federal and state agents and special dry constables hired by justices of the peace.—Cleveland Plain Dealer. January 11, 1924. AFFIRMATIVE DISCUSSION a ea ; Fh Wl Bee Aine 7 eon PROHIBITION’S RESULTS! In any attempt to estimate the results of prohibition it is necessary to recall the promises made for that sys- tem before it was fastened upon the country. The peo- ple were told that its operations would cause improve- ment in public health, promote prosperity, make the wage-earner» more contented and efficient, raise the standards of morals and greatly reduce vice and crime. Particular emphasis was laid upon the last prediction, for alcohol in beverage form was held by prohibition protagonists to be at the root of almost every human ill and the chief direct cause of all offenses against law and order. The system has now been in operation throughout the United States for upward of two years. I have seen some figures that lead me to believe that the gen- eral health of the people has somewhat improved during these two years, though from causes not connected with prohibition, and it is significant that the largest indus- trial life insurance company reports an increase of 50 per cent in deaths due to alcoholism in 1921, the second eadry year. In connection with the prohibitionists’ claim that the nation’s health has been bettered through their action, the following from the Statistical Bulletin of the Met- ropolitan Life Insurance Company, April, 1922, is of interest : There have been marked increases in the death rates for heart disease, Bright’s disease and apoplexy in recent months 1 By Stuyvesant Fish, former president of the Illionis Central Rail- road, Current History. 16: 377-85. June, 1922. 160 SELECTEDRAKTIGLES among the industrial policyholders of the Metropolitan Life Insurance Company. Small increases in the mortality from these diseases had been noticed early in November of last year, but the change attracted little attention and caused little com- ment. The possibility that it marked a definite check in the favorable tendency shown for several years for each of these diseases was not seriously considered. By December, however, the death rate had taken a more decided upward turn for each disease. Organic heart disease registered a rate of 124.9 as compared with 118.4 in November; the apoplexy rate rose from 62.9 to 70.6 and that for Bright’s disease from 69.1 to 71.9. By January it had become apparent that for two of these dis- eases, at least, a definite upward tendency was in progress. The heart disease rate increased sharply from the December figure of 124.9 to 137.2, and that for chronic nephritis went up nearly three points over the December figure. The apoplexy rate for this one month fell somewhat. In February the heart disease figure rose even more sharply than for January (to 153.4), the nephritis rate again increased slightly (to 75.8), and that for apoplexy returned to approximately the December level. By March the rate for organic heart disease had reached 168.2 per 100,000, one of the highest figures ever recorded in any one month among Metropolitan industrial policyholders. The March rates for chronic nephritis (87.5) and for apoplexy (75.8) are both the highest registered for those diseases since March, 1920. Assuming for the sake of argument—without ad- mitting the truth of the assertion—that prohibition is to be credited with a decreased death rate, it must, on the other hand, be charged with the business depression; and in every other respect it has failed absolutely to justify the promises held out in its behalf. Prosperity, which was at flood tide when the system became ef- fective, has disappeared ; the wage-earner desperately and oiten vainly hunts for work to keep himself and his family alive; moral standards have sunk to the lowest ebb, and, finally, a wave of criminality sweeping over the whole country shows no sign of diminishing. The proportions of this crime wave cannot be ac- curately stated, but they can be guessed from the ac- companying table based upon the police returns of thirty PROHIBITION 161 cities having an aggregate population of almost ten and a half millions. These cities were not selected designedly, being simply those whose returns happened to have been completed and verified at the time of writing; they are a first exhibit in an attempt to get the criminal statistics of all municipalities having a population of one hundred thousand or more according to the 1920 census. The table covers for the most part the calendar years 1920 and 1921, corresponding practically to the first two years of prohibition, though it should be noted that Boston’s returns present a comparison between the municipal fiscal years ended March 31, 1921, and March 31, 1922, and that as the figures for the full calendar year 1920 were not obtainable in Oakland, Cal., the records of the last six months of 1920 and the same period in 1921 have been selected as the exhibit for that city. The marked falling off in crime in 1921, in Akron, Ohio, as compared to 1920, is explained by the great loss in population which that city suffered, due to collapse in the automobile tire industry. The cities represented in the table are located in all parts of the United States, and hence a graphic cross- section view of the whole country is presented. No re- turns from such mammoth urban centers as New York and Chicago, which might be expected to make the ex- hibit of criminality more striking and, so to speak, overload the tabulation, are given. One city having more than a million inhabitants, six ranging from five hundred thousand to one million, and nine between two hundred thousand and five hundred thousand, and fourteen with less than two hundred thousand population each, are in- cluded. In these cities, which may fairly be said to represent the United States as a whole, we find in a single year that crime of all kinds (as shown by police arrests) has grown almost 24 per cent; that drunkenness and drunkenness coupled with disorderly conduct have grown 162 SELECTED ARTICLES more than 40 per cent; that theft, homicide, burglary, fraud and embezzlement, with other serious crimes, all show notable increases. The futility of prohibition as a means of preventing men from drinking is shown in the increased arrests of intoxicated autoists, amounting to more than 80 per cent, and in the increase in the arrests for violation of the prohibition laws, amounting to more than 100 per cent. Perhaps, however, the most sinister item in the tabulation is that showing the growth of the deadly drug habit, the arrests indicating a jump of almost 45 per cent. The police returns, in this respect, are not as strik- ing as those coming from other sources. The Commis- sioner of Public Welfare of New York City, for instance, reports that the cases of drug addiction treated in Kings County Hospital in 1919 were 116, and in 1921 were 961. The alcoholism cases in 1918 were 1,145, and in 1921 were 1,168, indicating that prohibition, which at first had seemed to reduce this phase of the drink evil, had become ineffective. The Federal Prison at Leaven- worth, Kansas, has become overcrowded with liquor and drug prisoners, the major being of the latter variety. The net increase in prisoners since December 21, 1921, is given as 476 by The Milwaukee Daily Leader. In the City Hospital at St. Louis, according to The St. Louis Post Dispatch, there were 3,198 alcoholic cases treated in 1921, an increase of almost 100 per cent. Returns are made on police department expenditures by twenty-three of the thirty cities, and of these all but three report increases. Of the three cities which re- duced police expenditures two reported that such econo- mies were made necessary, despite crime increases, be- cause they no longer enjoyed the revenues accruing from license fees. The net increase in police costs in 1921 over 1920 for the twenty-three cities reporting was $3,539,- OO5:27. PROHIBITION 163 CRIME UNDER PROHIBITION IN THIRTY AMERICAN CITIES Population Arrests All Causes Drunkenness and 1920 1920 1921 Disorderly Conduct 1920 1921 Philadelphia .... 1,823,779 73,015 83,136 20,443 27,115 POCTEOML Tea Fes: 995,078 43,309 50,676 5,989 6,349 BIOSLOTIG s/as. o1!- 748,060 58,817 T2305 22,341 31,794 ESATLINOLCO cs 2 47. 733,826 41,988 54,002 13,443 20,496 Pittsburgh ..... 588,343 36,572 41,820 14,373 16,990 Bit alOMen oo 506,775 24,430 82,377. 8,491 9,650 San Francisco... 506,676 26,672 30,106 2,794 6,005 Milwaukee ..... 457,147 10,545 15,520 2,400 3,481 Gincinnatio lc 4). 401,247 14,175 21,073 2,062 3,106 Minneapolis .... 380,582 10,608 17,374 2,982 6,051 Portland, Ore... 258,288 18,445 30,856 3,654 4,379 Denverieee os: 256,491 12,947 19,649 1,847 3,163 Louisville ...... 234,891 7,857 9,601 1,092 2,361 Seer aie ca 234,608 5,638 10,077 1,902 4,319 @akland.) Galsy).) ¥216,281 3,700 4,497 1,261 2,191 Akron, Ohio .... 208,435 12,558 10,104 5,228 3,939 Birmingham .... 178,806 16,786 21,488 2,886 4,612 Richmond... 171,667 12,706 15,532 1,563 1,053 New Haven.... 162,537 7,034 8,465 3,186 3,184 Ja La Soe cere, aie 158,976 26,058 35,848 1,219 1,338 Wiartiordico... i 138,036 8,072 7,305 4,057 3,207 Patterson ...... 135,875 4,058 3,800 1,637 1,509 Springfield, Mass. 120,614 Q7n7 4,574 625 920 Des Moines..... 126,468 4,465 4,982 1,530 1,598 MiTentONa atta: 5 119,289 5,603 5,577 1,550 1,426 Salt Lake City.. 118,110 7,728 7,505 883 900 NID ATV sue g ete 113,344 3,216 4,168 578 900 Cambridge, Mass. 109,604 3,822 4,064 871 1,423 spokane ....... 104,437 6,478 FLY) 933 13 Kansas ity; Kane |) 101,177 4,774 4,129 45 133 Ll Ofaiauen cts. 10,417,227 516,835 640,402 131,855 185,808 Total in 30 Cities 1920 1921 Increase Violation of Prohibition Laws.... 9,375 18,976 102.0% APTN Ke ATILOISESY ails ake wit nia cess s 1,513 2,743 81.0% Mehertseana burgiarveecesmce ot. a. 24,770 26,888 0.0% \BWoteetlel Vald iar Mo pR riage oh 8 es OL ne ae 1,086 1,224 12.7% Prcsntitseand.| Datterymrsymetamiacs. 21147 23; ye 13.4% MO Lupe A AdICtIONS., CLCwie cece nel 1,807 745 44.6% Police Department Costs ........ $31,193, ee eu nee 196 11.4% The increase in police costs represents but one part, and, perhaps, the smallest part, of the additional burden upon the public. As is well known, the prohibition cases 164 SELECTED PROHIBITION 205 ascending amount year by year. The year 1922 showing a 47 per cent increase over 1918. Wuat Is THE ATTITUDE OF THE MEDICAL PROFESSION Medical men have been sorely tried by this regu- lation. A cursory reading of the amendment, one would think, would show that the manufacture, sale or trans- portation of intoxicating liquors for beverage purposes, was not in any way connected with the healing art. How, and by what argument, public officials interpreted this law to apply to the practice of medicine is beyond my powers of comprehension. But they have, and have established the most complex and time consuming regu- lations regarding medicine and alcohol that is annoying, interfering, and preventing proper practice. The largest group of physicians—the American Medical Association —through its house of delegates went on record relating to the attitude of medicine in reference to alcohol and healing. Later a questionnaire sent to a large number of doctors in active practice showed by a small majority, 51 per cent to 49 per cent that physicians considered whisky a necessary therapeutic remedy. We are in- formed by the press through the director of prohibition that in New York state there were twelve thousand five hundred physicians holding permits to prescribe whisky in 1921. There were fifteen thousand six hun- dred two doctors duly registered in this territory at this time. During this period 20 per cent of the pre- scription blanks furnished physicians for prescribing al- cohol for the sick were used. This is an average of seventy-six prescriptions for alcohol out of an allottment of four hundred a year for each doctor. This is an eloquent reply to the question of medical cooperation in the face of the most bedeviling regula- tions. Physicians as a class dislike and oppose anything that restricts their best intentions in the treatment of 206 SUE CUED tate ie bis their patients, and they nevertheless are in duty bound to encourage and aid in the proper enforcement of all laws. BoOTLEGGING, ILLicir IMPORTATION AND SALE The Eighteenth Amendment has occasioned a vast army of illict traders in alcoholic beverages, perhaps the greatest in history. If personal experience is an indica- tion of the vastness of the extent, it may be multiplied in imagination ad lb. England charges a tax of $2 on each gallon of liquor exported. The press informs us that there was exported to the Bahamas one million, two hundred thousand gallons last year. Recently there was arrested a man known as the king of the bootleggers. It was openly stated that this alien, of a few years’ resi- dence had amassed a fortune of several millions. A bootblack in a village on Long Island, openly exposed in a barber shop sixteen one thousand dollar bills. Grapes which formerly went into grape juice—the unfermented kind—sold in the market for $75 a ton. Last season grapes brought as high as $350 a ton. Instead of public house—saloon—indulgence today we have home drinking. There has been noticed in many localities an increase in school absentees, in cases of in- corrigibility, and a marked increase in drinking and hip toting among young people, who evidently think it smart. It is well known that children are great imitators and have the habit of mimicking their elders, and these inno- cent little ones think this drinking is mannish and smart. Sad to relate, immoderate indulgence by the youthful leads to many unpleasant conditions. Promiscuous rela- tions are embarrassing and our officials report an increas- ing number of children born out of wedlock. And so on and on ad infinitum, but these reactions are to be expected under present unfortunate conditions which have been brought about by opposition to this amendment. The naturalist and trainer knows that to PROHIBITION 207 accomplish anything in training animals, a little progress should be made, time after time. Now the prohibitionist could not stand for abolishing hard liquor or taxing it out of existence, but extremist that he is, takes his un- pleasant medicine all at one gulp, with the natural re- action that an unprepared stomach rejects an overdose. The public would have no doubt stood for partial regu- lation, but an absolute annihilation was attempted, and instead of the result desired by all intelligent and think- ing individuals, opposition and abuse were the result. Not only opposition and abuse of this one act but promi- nent men, the press, in lecture and in news, inform us that all law is brought into disrepute. Crime is certainly on the increase. A final indictment, in this locality at least, is that pro- hibition appears to have shifted a normal 95 per cent beer drinking population to a hard liquor group. May we not here ask, if this is permitted to continue, what will be the effect on our public health? Wuy Does PROHIBITION BY STATUTE FAIL To So_tveE THis PROBLEM ? Governments cannot improve man. It is the task of man to improve governments. Every attempt to improve morality by law is productive of disorder. Temperance cannot be made possible by statute. Temperance cannot be bought. Legislation often fails. Education never does. There is one safe, sure way to make progress, moral progress at least, and that is, through the hearts of informed men and women. Perfection is a priceless possession and good conduct is the characteristic of the intelligent. Dr. Brookfield, an ardent advocate of temper- ance in England, remarked on this subject in 1841—it was true then, it is true today—‘‘Temperance, you know, is not abstemiousness (prohibition) but well proportioned use of things.” 208 SELECTED) ARTICLES The one simple fact is positive—legislation covering drinking of intoxicating beverages is not going to be re- spected and public statute is helpful in government only so far as it is respected and willingly supported by public opinion and absolutely no further. CONCLUSIONS State wide prohibition has not prohibited and national prohibition is also for this one reason doomed to failure. America is a temperate, intelligent nation and has fought for and loved freedom. Prohibition by statute annihil- ates personal liberty. Prohibition fails because the United States is bounded on the north by hard liquor, on the south by liquor, on the west by rum and on the east by no limit. It may well be doubted whether there is or has been at any time a state in the union in which a majority of the voting population were abstainers or even be- lievers in prohibition as applied to themselves. Those wanting a drink, will get it, law or no law. The man too lazy to attend church just around the cor- ner will walk five miles to keep a date with his boot- legger. We have at best but imperfect means of measuring the effect of alcohol on man but prohibition meets its crucial test in asylums, hospitals, prisons, police courts, almshouses, and vital statistics. The story may not be as plain as the handwriting on the wall but it is written and those intelligent enough to read and reflect know the verdict. The net result of study so far of this momentous question is that prohibition by statute is not productive of that reaction which most of us desire when we legis- late in behalf of betterment of our fellowman. The law, then, is not the answer. Regulation by statute, if it is not too reactionary may help but when we consider our people as compared by their intelligence quotient with other nations a better plan would have been education. PROHIBITION 209 . The normal man will never become a drunkard. The vast majority of our people, 95 per cent are of this type of manhood. The man with the “squint brain” is the potential dipsomaniac, and once the habit is acquired will go through fire and water, in any weather, to get his drink. Let the recognition then be- tween the normal and the abnormal person guide us in our reforms. Men with unstable or enfeebled intellects are abso- lutely powerless to resist the impulse to drink. The pos- sible reform that lies nearest to success looks to the right treatment of individuals who are victims of the lust for alcohol. How May a COMMUNITY PREVENT POTENTIAL DRUNKARDS? As a first consideration there must be personal health in order to have good public health. Health is not the effect of a desire; it is won by effort. He who would _ have health must work for it; wishing will not achieve it. Health is not something that can be bought at the store nor made at the shop. Health must be thought of as an end and as a means for the accomplishment of that which is worth while in life. We can and do often prevent disease. Our vital statistics prove this beyond argument. Diseases, like tuberculosis and syphilis, which cause degeneration of race stock, must be prevented; when existent, they must be controlled. Our race stock has been made by immigration. It can be improved by careful supervision of further immigration and the elimination of the mental and physically unfit. We must shield the adolescent from alcohol in every form. We must provide substitutes for the “poor man’s club,” the corner hang out, the club, the saloon, the den. We must develop community interests that add to health, comfort and welfare. There must be prompt, suitable, and adequate punishment to evildoers. To me, personally, the incidents indicative of the evil 210 SELECTED TARTICLES consequences of statutory regulation of indulgence in alcohol is but a natural sequence. It was almost pro- phetic. The committee of fifty scientists reported as an estimate of the percentage of different kinds of indul- gers in our population as follows: Abstainers, 20 per cent ; indulge to excess, 5 per cent; moderate 50 per cent; social, 25 per cent. WHat PROHIBITION Has DONE 1. Prohibition has increased enormously the deaths trom wood alcohol. 2. Prohibition has increased admission to general hospitals of cases of alcoholism. 3. Prohibition has made men switch from _ beer drinking to hard liquor. 4. Prohibition has increased alcoholism in the two alcohol services of our two hospitals. 5. Prohibition has closed the saloon but has made home brewing and occasioned home drinking. 6. Prohibition has increased the wholesale price of grapes, rich in phosphates and vitamines, beyond the price for average home consumption. 7. Prohibition has increased the number of arrests tor drunkenness. 8. Prohibition has brought about wholesale disre- spect for law. 9. Prohibition has caused poisonous death dealing drinks to be made and sold promiscuously. 10. Prohibition has increased alcoholic indulgence by the adolescent male and female. 11. Prohibition has brought about wholesale boot- legging and illicit peddling of impure liquors. 12. Prohibition has brought an increase in the manu- facture of spurious money. 13. Prohibition has brought about “speak easies” for the sale clandestinely of liquor. 14. Prohibition has many sins, social and hygienic to account for. PROHIBITION 211 These fourteen points are consequences, disappoint- ing in our public health experiences, and are a terrible indictment of such regulation. These facts should make thinking persons consider seriously if this is the right way to deal with the problem. Privileges, that are almost as natural as life itself, being swept ruthlessly away over night, naturally beget an antagonistic reaction which can only be hurtful to a good cause having high aims. Let usirefiect, SOME PROHIBITION ARGUMENTS? National prohibition in the United States has been in effect now for nearly four years; surely long enough for a fair test of its operation. The late President Hard- ing in his annual message to Congress on December 8, 1922, felt it necessary to make a plea for rigorous and literal enforcement of the law. He summed up the exist- ing conditions in these words: “In plain speaking, there are conditions relating to its enforcement which savour of nation-wide scandal. It is the most demoralising factor in our public life. Most of the people assume that the adoption of the Eighteenth Amendment meant the elimination of the question from our politics. On the contrary, it has been so intensified as an issue that many voters are disposed to make all political decisions with reference to this single question.” The evil conditions referred to by President Hard- ing have become far worse since his message was de- livered. Crime is so rampant that the Special Committee on Law Enforcement of the American Bar Association has presented the disgraceful facts in its recent report. The report shows that crime is growing faster than popu- lation. The committee’s comparison of the criminal statistics of American cities with those of France and 1 Address of Hugh F. Fox, secretary of the United States Brewers’ Association at the London conference of the International League Against Prohibition. October, 1923. 212 SELECTED ARTICLES England is most significant and alarming, but apparently the American public is not concerned or even interested in it! Dr. Angell, President of Yale University, declared in his address to the graduating students last year that “the violation of law has never been so general nor so widely condoned as at present.” Justice Clarke, of the United States Supreme Court, addressing the alumni of the New York University Law School, said: “The Eight- eenth Amendment required millions of men and women to abruptly give up habits and customs of life which they thought not immoral or wrong, but which, on the con- trary, they believed to be necessary to their reasonable comfort and happiness, and thereby, as we all now see, respect not only for that law, but for all law, has been put to an unprecedented and demoralising strain in our country, the end of which it is difficult to see.” John Koren, International Prison Commissioner for the United States, speaking at the Annual Congress of the American Prison Association, said: ‘““The most glaring example of the crime-breeding propensities of sump- tuary legislation is provided by the national prohibition law. The aims of this law are not under my scrutiny; and no sane man can question the obligation of the gov- ernment to enforce it. My sole object is to point to it as the most persistently and flagrantly violated piece of legislation ever conceived. More than this, the crimes of violence and corruption that have followed upon its enactment are beyond count. Distinct, powerful and country-wide criminal organizations now undertake to dispense drink; but they could not exist—and this is the vital point from a criminological point of view—unless they receive a most generous support throughout the strata of society professedly standing for law and order. Not even the law enforcers themselves are free from the taint and able to stand up to their tasks. . . . The facts are open to everyone; and all of you make claim to a knowledge also of the weaknesses of human nature. PROHIBITION 213 My sole mission is to draw your attention to the poten- tialities of legislation as a breeder of crime when it lacks the support of a clearly defined and absolutely dominant public opinion.” Dr. Nicholas Murray Butler, President of Columbia University, in an address delivered before the Ohio State Bar Association last January, made the assertion: ‘“That disregard of law, disobedience to law, and contempt for law have greatly increased and are still increasing in this country, is not to be doubted... . It is rather a sorry outcome of our century and a half of existence as an independent nation, proclaiming to the world the discovery of the best possible method of pro- viding for liberty under law, that we should now be pointed to as the law-breaking nation par excellence.”’ The Honorable Joseph Bailey, former United States sen- ator from Texas, told the Mississippi Bar Association at its last annual meeting that “the Volstead law is vio- lated a million times every week.” There are a host of other witnesses whose testimony might be cited, but I have selected these to indicate to you what our most responsible and courageous public men think and say -about our present conditions. As Fabian Franklin, the well-known publicist, points out in his notable essay on “What Prohibition Has Done to America,’ “the real struggle is not with the thousands who furnish liquor, but with the hundreds of thousands, or millions, to whom they purvey it.” The reports of the police authorities in practically all important American cities show a steady increase in pub- lic drunkenness, but the figures do not tell the tale of what is going on in the homes of the people, or behind closed doors in the private clubs and social organizations! There has been a startling increase in the number of automobile accidents which were due to drunken drivers; and an equally startling increase in divorces, suicides and homicides. Day by day the newspapers record the num- ber of deaths from the effect of poisonous liquor. In Philadelphia the coroner reports five hundred two 214 SELECTED ARTICLES deaths from this cause in five months. Dr. James Whit- ney Hall, chairman of the Medical Commission on In- sanity for Cook County, in which Chicago is situated, says that deaths directly traceable to alcoholism and the sale of poisonous liquor have doubled under national prohibition. Dr. S. Dana Hubbard, director of the Bureau of Public Health Education of New York City, declares, in a recent issue of the New York Medical Jour- nal, that prohibition has increased enormously the deaths from wood alcohol; has increased admission to general hospitals of cases of alcoholism, and has caused poisonous death-dealing drinks to be made and sold promiscuously. The Metropolitan Life Insurance Company has published a table showing the deaths from acute and chronic alco- holism per one hundred thousand policy-holders, from 1911 to 1923. The death-rate on this basis was from 4 to 5 per cent from 1911 to 1917. In the first two years of prohibition it was less than 1 per cent, but in the first six months of 1923 it had gone up to 3.3 per cent. In their laboured effort to make a case for prohibition, the professional prohibitionists and their satellite, the United States Prohibition Commissioner, make much of the recent increase of house building and savings-bank deposits. The alleged increase in expenditures for such building construction from $40,000,000 in the five years before prohibition to $328,000,000 since, has no relation to prohibition. The five years before prohibition in- cluded the war period, with its enforced proscription on all construction work not essential to war operations. The increase since does not anywhere near cover the deficiency in building caused by war-time restrictions, which is only natural considering that the cost of build- ing has trebled. With respect to the increase in savings deposits, the principal factor is the very large increase in wages and in the constancy of employment, which are related to the present cycle of prosperity in the United States, and to the restrictions upon immigration. It is also worth not- PROHIBITION 215 ing that during the war the government entered upon a national advertising campaign to “sell” thrift to the American people. One of the results is most interesting. The large banks, which previously had been “cold” to a Savings Department because of the expense and trouble of the clerical work which it involves, became convinced by actual figures that such a department would swell their assets enormously, and such a fever of competition for savings accounts developed that service organizations have sprung up which put on a staff of special salesmen who make a house-to-house canvass for small accounts. In a number of instances premiums in the shape of at- tractive articles such as pencil-cases, etc., have been of- fered to those who open new accounts. If prohibition has played any part in the matter it is because imported liquor has been driven into the luxury class; because the “treating custom” has been greatly reduced, and because millions of families have now learnt to make alcoholic beverages for themselves at a small cost. Much has been made, for example, of recent reduc- tions in the pressure on certain of the private charity organizations. That prohibition may have played a part in it is possible, but I believe it has been a minor one. A most considerable part of the charity work formerly relegated to private organizations is now undertaken by the public through some form of soldiers’ relief. The Federal government alone is distributing $450,000,000 per annum for the rehabilitation of needy veterans; most of our states have provided a bonus payment for all men in the service, and almost every city of any size has its special department ministering to veterans and their families. The great war, among its many curious oper- ations, seems to have made away in large part with the derelicts of society. Whether almost everyone was pressed into some sort of service during the years of stress, or whether many of the weaker simply passed out of life, need not be discussed; the fact remains that before the advent of prohibition the demand on public 216 SELECTED GAR TIGERS and private charity had fallen off greatly. The phe- nomenon was visible not only in the United States, but was observed, I believe, in the neutral countries of Europe, such as Holland, Switzerland, and the Scandi- navian countries. In the United States the virtual stop- page of immigration has vastly increased the casual worker’s opportunity for employment, while the labour unions have been able to meet non-employment during strikes with larger benefit funds than they have ever had before. Charity workers are prone to magnify drink as a factor in poverty and to minimise the relation of unhappy economic conditions to intemperance. No doubt the cost of bootleggers’ liquor tends to keep some men sober, but the extent to which drink has been driven into the homes of the people can only be indicated. Home brewing is of minor consequence, but the making of spirits by individuals for their own con- sumption, and by moonshiners for sale, is quite common and is increasing steadily. Prohibition officials them- selves admit that illicit distilling within the United States for commercial purposes is far more important than smuggling. As for home-wine making, the volume is enormous. Since prohibition went into effect over half a million acres of new vineyards have been planted, and it is estimated, quite conservatively, that the total quan- tity of home-made wine is three times greater than that which was formerly made in the commercial wineries of the United States, plus the imports from other countries. It should be noted, however, that the prohibition enforce- ment officials have granted a special dispensation to farmers and families who make their own wine. :Indi- viduals are permitted to make two hundred gallons a year for their own use, under the name of “non-intoxi- cating fruit juices,’ and the test is one of fact as to whether they are intoxicants, without any limit as to their alcoholic percentage. To you who have perfected your wines, beers and other beverages by generations of scientific experimentation, I need not point out that the PROHIBITION 217 stuff which is being made by American moonshiners, or in home kitchens, and which is now common in every nook and corner of the United States, is crude, raw, im- mature and unwholesome, even if it is not actually poison- ous. From the health standpoint the tale will unfold itself with increasing seriousness from year to year. A word as to the police problem which is involved in the enforcement of prohibition. The frontier boundaries and coast line of the United States total seventeen thou- sand five hundred miles. Police experts say that it would tax our entire army and navy to put a stop to smuggling. In the face of an adverse, or at any rate of a divided public sentiment, it is certain that Congress will not ap- propriate the very large sum of money which would be required to employ an adequate Federal police force; hence the effort to unload the major part of the job upon state and local authorities. It is however equally certain that state legislative bodies will not consent to increase the burden of taxation by voting appropriations for a state prohibition constabulary, so that the burden is be- ing shifted to municipal policemen, who are already over- loaded with other and more important duties. There are thousands of small places that have never been visited by a prohibition officer. Official corruption is of course rife, and the courts are swamped with liquor cases. In a word, the enforcement of prohibition has almost reached the breaking point, principally for the reason that the cooperation of the people is lacking. Labor is sullen because the law in its operation has proved to be class legislation. “Society” has become lawless, and the rising generation is taking to drink as Eve did to the forbidden apple. The only sections of the country which really give prohibition any moral support are those which had already adopted it by their own action, and in which for the most part local prohibition corresponded to a definite police jurisdiction. I have refrained from emphasizing the loss of revenue under prohibition, because this is not the major consideration. There is, however, a potential 218 eo a DA Cd BN EDN Bi YG 2 BY Des revenue ef possibly $1,000,000,000 a year which might be obtained from internal revenue taxes and import duties in the United States if beer and light wines were restored to the American people, and if good spirits were avail- able through government agencies for medicinal pur- poses. It is practically impossible to repeal any Article of the Constitution. The question is, how can the Eight- eenth Amendment be made to work for the restoration of temperance and orderly government to the American people? There are many persons who had a friendly feeling for the experiment of national prohibition, but who accepted it with some misgiving as to its practica- bility. They felt that it could not be expected to work without a good deal of adjustment, but they were dis- posed to give it a fair trial. Most of them are now con- vinced that the Volstead Act is a stumbling block. The Eighteenth Amendment is so simple and so elastic that indeed it lends itself to any reasonable change in plan or method that may be proved necessary. The amendment merely established the principle of national prohibition, and left it to Congress to provide by “appropriate legisla- tion” for its effective enforcement. The trouble is that Congress has gone too far. The Eighteenth Amendment prohibits “intoxicating liquors’—not alcoholic liquors, ex- cept in so far as they may be in fact intoxicating. The Volstead Act, with its absurd % of 1 per cent definition of an intoxicating liquor, is a misnomer. Its real authors are the attorneys and high priesthood of the Anti-Saloon League, whose word has hitherto been accepted as law by Congress. For some reason—or unreason—the pro- fessional leaders of the league are never willing to admit that they have made a mistake. This act of theirs is “sacrosanct,” and no one must lay impious hands upon it. There is, however, no doubt in the minds of the police authorities and of the press that the law in its present form won’t work, and must be modified. A modification of the Volstead Act to make it cor- PROHIBITION 219 respond to the language of the Eighteenth Amendment would make prohibition much more workable, because it would limit its operation to those beverages which by common consent are regarded as intoxicating. Such a modification would give the wage-earner his beer, and thus win over what is probably the largest class of dis- satished people. Some provision would have to be made by the Federal government, however, to supply pure spirits at a reasonable price for medicinal purposes. It is clear that the people must be won over to prohibition by honest and rational “administration.” It cannot be imposed by mere force! The case has been ably summed up by a former gov- ernor of New Jersey, the Honorable E. C. Stokes, who occupies a distinguished position as a publicist, and is himself a total abstainer. In the course of a carefully studied address, Mr. Stokes said that “we are building up a nation-wide industry in smuggling and rum-running, lessening the national respect for law and order, estab- lishing a bootleggers’ enterprise, promoting thousands of dollars in untaxed profits for law breakers and stimu- lating the consumption of alcohol in its worst form... . No man or woman can be excused from facing this prob- lem or trying to solve it by simply passing resolutions. We are face to face with a great national disgrace, and, I, for one, am not afraid to stand up and demand a remedy.” The remedy he suggests is that the Volstead Act should be amended so that it will harmonize with the Eighteenth Amendment. He might have added that the most effective form of prohibition is that which is personal and individual! BONE WebRENGIPT BTN. THE GONSTIRURION: The Eighteenth, or prohibition, Amendment intro- duced into the Constitution a wholly new principle. Un- 1 By Nicholas Murray Butler. Building the American Nation. p. 292-3. 220 SELECTED ARTICLES til its adoption the Constitution had included a frame- work of government, an enumeration of powers and limi- tations, a mode of amendment, and a bill of rights. Now for the first time there was introduced into the funda- mental law an act of legislation in the form of a drastic and uniform exercise of the police power. The novelty and the danger of this use of the amending power as well as the likelihood that it may defeat its own ends are fairly obvious. If the Constitution had been amended by conferring upon the Congress the power to control, limit, or prohibit the manufacture, sale, or transportation of in- toxicating liquors, there would have been no departure from the general theory of the Constitution. Under the terms of such an amendment it might be expected that the Congress would from time to time deal with this subject in such ways as public opinion might require, and would always be free to amend or repeal any statutory provision which had been shown by experience to be in- sufficient or inexpedient. By putting this legislative act in the Constitution itself, however, where to all intents and purposes it is beyond the reach of amendment or repeal (since one-fourth of the states plus one, no mat- ter what their population, can prevent such amendment or repeal), a situation was created whereby large num- bers of persons, feeling certain that this new provision of law can neither be amended nor repealed, and dis- senting entirely from the grounds upon which it was urged, more or less widely and more or less openly violate its provisions. The same thing would happen in the case of any sumptuary law attempted to be imposed upon a large, widely scattered, and heterogeneous popu- lation of different habits, tastes, and traditions. Herein lies the danger of attempting to correct or improve pri- vate morals and personal conduct by law, and especially by constitutional provision. The instinct of every good citizen is to obey the law, whether agreeable or not, and to assist in secur- PROHIBITION 221 ing its obedience by others. Obedience to law, however, is one thing, and enforcement of law is quite another. The former may come after a lapse of time; the latter may never be attainable. As a result of the adoption of the Eighteenth Amendment, the people of the United States are now confronted by the exceedingly difficult problem, some think the insoluble problem, of attempt- ing to build up respect for law and obedience to law, while enforcing by the most extreme measures a par- ticular provision of law which a large proportion of the population resent and are ready to defy. The re- sulting situation raises so many questions of political policy and of private and public morals that it seems bound to occupy a large measure of public attention for some time to come. BACCO HE DRY SCREEN BR Ys Prohibition enforcement is costing this country up- wards of $2,000,000,000 a year. This is a bold state- ment. The sky is the limit on the subject of prohibi- tion and its cost. At least, this is as it appears to us after several months’ close study of the question for Popular Finance. In fact, it looks as if $2,000,000,000 a year is only half of what prohibition enforcement is costing. The first question you ask us is: “Where do you get the figures? Don’t you know that you are talking in terms that equal the national budget?” The editor of Popular Finance told us to make an unbiased investigation into the cost attending prohibi- tion. He wanted us to step right out into the middle of the street and stay there; not taking either side of the wet or dry question; and to write an article that 1 By Robert Alden. Popular Finance. 1: 6-11. September, 1923. 222 SELECTED VAR LIGIES either a rabid wet or an equally rabid dry, or any thoughtful person, should read. It was a big assignment. We must admit that we found it difficult to remain in the exact middle of the street during our investiga- tion. We found it necessary to visit the dry side of the street and then cross over. But, as we write, we are centrally located again—not on the water wagon or on a personal-liberty plank, but up on a high board-fence with one thought in mind—costs! We advance the claim that we have read more litera- ture and studied more data on the prohibition question in the past few months than any other one person in the United States. And this research entitles us to an opinion. It is this: The public is not being told the real facts. In many ways is the above statement true. There are few exceptions. A few newspapers do write un- biased editorials on the subject; but the larger number are either dry or wet. One does not expect the Anti- Saloon League to publish any data which gives sub- stance to the arguments of the “wets,” nor is it expected that the Association Against the Prohibition Amend- ment will make “dry” speeches. But one does expect that journals which pretend to be informative shall pub- lish facts—and this is rarely the case. We have before us the correspondence between a wet authority and the editor of a great national publication devoted to women’s interests. Glaring misstatements appearing in an article favoring prohibition were drawn to the attention of the editor and protest made. The editor replied that regardless of what had appeared in the article in question, it reflected the editorial opinion of the publication. And we happen to know that the editor’s personal opinion and practice is very wet. This is not a reflection on the drys, for the circumstances might easily have been reversed. The incident merely points out that most of us are so blindly partisan that we do not want a fair presentation of a case—particu- PROHIBITION 223 larly on the subject of prohibition. That editor was catering to his readers. “A man cannot serve two masters,’ was written cen- turies ago. This applies to the prohibition question. But it seems iniquitous that such an important question can- not be presented fairly and accurately. +) SUBJECT OF AGRICULTURAL, INDUSTRIAL, AND Economic IMPorRT Prohibition remains a very live question today. Many hoped that it would become a “dead issue.” In its present stage, it will never cease to be a public menace. Nearly every metropolitan newspaper is devoting two columns a day, at least, to prohibition news. We have enacted a constitutional amendment and enforcement legislation that a very large number of our citizens are not obeying. To call our disobedient citizens “criminal’’ is not enough. The fact of their refusal to comply with the law makes prohibition a much greater public question than it was before the passage of the amend- ment. Wayne B. Wheeler, national counsel for the Anti-Saloon League of America, is quoted, referring to the situation in New York, which state annulled its enforcement act, that the New York action “places the prohibition question in the forefront of the most im- portant issues of the presidential campaign.” Pronouncements of Major Roy A. Haynes, enforce- ment commissioner, are necessarily propaganda aimed to assist in enforcement. He must suppress much in- formation that is unfavorable to prohibition. We read through a file of the statements issued by his office for the press and found not one item that was anything approaching an unfavorable report on prohibition from the standpoint of costs or otherwise. And yet Major Haynes has been one of the best men one could expect to find in the position he holds. And he would not be if he were not in possession of much information that he does not make public. We do not blame him for 224 SELECTEDVARTIGLES this—not in the slightest ; but again our point: the public is not getting the facts. But there is another reason why the public is not fully informed on the prohibition question. The facts are hard to get and important statistics are almost wholly lacking. High officials who have come from other countries to study the effects of prohibition were forced to admit that they were taking back with them nothing but an opinion. Perhaps if an unbiased con- eressional investigating committee—if it were possible to select such a body—could spend two months in hear- ing competent testimony on the subject there is no doubt it would shoot wide of its mark in making its report. That is how difficult we think it is to successfully probe the prohibition question. The least study of the prohibition question presents such monumental aspects as to confound one. One in- terested person started a five-thousand word article on the subject and finished an eighty-thousand-word book without having exhausted his data. One discovers that the one word, “Prohibition,” has ramifications that 1m- mediately became world-wide in scope. Politics and religion of every shade and shadow are deeply involved in prohibition. It is—beyond all peradventure—an un- dying subject of agricultural, industrial, and economic importance. OnE HUNDRED MILLION GALLONS OF WINE BEING CONSUMED We have only to consider the economic aspect. That alone grew on us until we would rather have faced analyzing the German debt. One can get at the ques- tion of how much Germany should pay France. There is something tangible to it. But the main facts of pro- hibition are like a thunder storm. Only Thor could get his hand on the bolt. Notwithstanding, we will assume the role of Ajax and tackle the question. Come with us, first, to the PROHIBITION 225 headquarters of the drys, the Anti-Saloon League, up on the fifteenth floor of 906 Broadway, New York City. After stating our errand we were turned over to Miss Tubbs, a gracious lady who handles statistics for the drys. She has two assistants, an efficient depart- ment, and is able to put her finger on any data the drys need. Miss Tubbs told us that we could not get what we were seeking—the costs under prohibition. She was willing to put everything that had been written on the subject before us, with the thought we could piece to- gether odds and ends of information. But we had an ulterior reason for wanting to browse through the library of the Anti-Saloon League: It holds considerable data that has been furnished, firsthand, by Mr. Wayne B. Wheeler from Washington, D.C. He is credited with the authorship of the Volstead Act, and was active in its passage. We assumed that Mr. Wheeler would be able to obtain considerable data that were not procur- able elsewhere. This proved to be the case. Mr. Wheeler has discovered some things that the Department of In- ternal Revenue has not—or, at least, has not published in its reports. While in the offices of the league we listened to William Eugene Johnson, commonly known as “Pussy- foot,’ who happened in from New Zealand on his way to Europe. Mr. Johnson is an international hero of the dry forces and a veteran campaigner. He is still fighting vigorously the strongholds of John Barleycorn. We mention this in passing, merely, for we did not have a single question to ask Mr. Johnson. We were after figures—figures that he or no one else could give us. Recently he set the country laughing with the statement that he had seen but seven drunks in a trip across the United States from San Francisco to New York. And we wanted figures! To start with we wanted to know how much money was being expended for liquor in the United States of America, today, in defiance of the Volstead Act. The 226 SELEGUEID GA GLORES inquiry was utterly absurd. No wonder Miss Tubbs laughed. But we had one fact in mind: There are one hundred million gallons of wine—dry and sweet—being con- sumed in this country annually. Where did we get that figure—one hundred million gallons? We have real information on which to base it. We know that California alone, produced upwards of twenty-five thousand carlots of grapes last year, and that twenty-five thousand carlots of grapes will make more than fifty million gallons of wine. Under present rulings, anyone is entitled to make two hundred gallons of “fruit juices” annually. Other states indicate a pro- duction of an additional twenty-five million gallons of dry wine. Heavy increases in the importation of raisins, currants, and increased prices of figs indicate the mak- ing of enough dry and sweet wines to bring the total up to that one hundred million gallons. No well-informed person will dispute this figure. We assumed this one hundred million-gallon figure to be the case, in a discussion of it with Miss Tubbs. She listened to us without comment. Then we assumed that four times the value of what was being expended for wine was spent for beer and all other liquors—smuggled whisky, illicitly distilled gin, and variegated brands of hootch. Miss Tubbs continued to listen with interest. We did not tell her that many authorities whom we have consulted had put the ratio at eight times instead of our conservative estimate of four. It is our opinion, and many will agree, that eight is more nearly a cor- rect factor than four. Now, what value shall we put on that one hundred million gallons of wine? We know the market price ranges from $3 to $12 a gallon, and that little of it is to be had, except in California, for under $4 a gallon. We will take the latter figure. What have we arrived at? A simple matter of arithmetic: PROHIBITION 227 Four times the value of one hundred million gallons of wine, at $4 a gallon, equals $1,600,000,000, spent on liquor other than wine. This was the manner in which we put the proposi- tion to Miss Tubbs, statistician of the league. “Tt’s much too much!” was her remark. Her man- ner, however, betokened that she was impressed with the figures. It was not our purpose to press her further, or to bore her with impossible figures that were not obtainable. We did not add that the one hundred million gallons of wine has a valuation of $400,000,C00. This added to the $1,600,000,000 gives a total of $2,000,000,000— the sum we stated at the outset. The figures are ultra- conservative ! CLAIMS SAvINGS HAvE INCREASED Two BILLIONS While at the offices of the Anti-Saloon League, we observed many more circumstances—for the League is not idle by any means—but there was little bearing on the economic phases of the prohibition question as it exists today. There were reports on increased savings- bank deposits, attributed by the league to the closing of the saloon, of course; yet were we to undertake con- sideration of increased savings we would at once be launched in their bearing in the light of changed eco- nomic conditions, normal increases, and other elements. Inasmuch as the greatest authorities on banking have not attempted this, we will pass it here. Let us grant that savings have shown an increase as the result of prohibition—how much, even that unbiased congressional committee could not determine. Wayne B. Wheeler claims that savings have increased two billions. It was logical that our next step should be a visit to the wets. The one avowedly wet organization is the Association Against the Prohibition Amendment with headquarters at Washington, D.C. This name is a mis- 228 SELECTEDGARTICLES nomer. By its own statements, the association is not directly opposed to the Eighteenth Amendment, but to the Volstead Act. It is out to change the Volstead Act. Among its officers and members is an impressing array of personages from every walk of life. In New York the treasurer, until his death, a few months ago, was Stuyvesant Fish, a power in the financial world, and tormerly, president of the Illinois Central Railroad. Let us interpolate a tip to students of the prohibition question. It will avail nothing to make surveys of wet or dry states, or districts within states, throughout this country. It is almost axiomatic of prohibition of our day, that there is enforcement where enforcement is not needed and no enforcement where enforcement is needed. A study of Kansas is valueless even if it be shown that this state is profitably dry. It is the active minority influence that must be watched. Popular opinion in the United States is as unstable as_ chaff before a north wind. We can give Democrats or Re- publicans overwhelming majorities. We can be against war one fall and up in arms the next spring. We wor- ship a leader and set him in a high place one week, and tear him down over Sunday. We can favor a League of Nations, rave against it, and then clamor for it. It is absolutely certain that there was no popular majority for prohibition in January, 1920, when the Volstead Act went into effect. That was the work of an active minority as opposed to another small minority, and the continuance of prohibition now rests entirely with the work of these minorities. The principles of prohibition, be they good or bad, will have no full bear- ing on the final outcome. The drys of this country may yet see the results of their years of effort undone in one session of Congress. And now we are to seek to learn, from the standpoint of costs, what the wets are doing in this country toward that end—undoing the work of the drys, PROHIBITION 229 ANp TAxEs Have INCREASED, Too? We went to the New York headquarters of the As- sociation Against the Prohibition Amendment. There, a former army captain, in charge, told us that the statis- tician of the association was Captain William L. Fish, a resident of Newark, New Jersey. Captain Fish is a tall, slight, kindly appearing, white- haired gentleman, whose age might be anywhere be- tween fifty and sixty-five. He greeted us in an easy voice. He is a busy man, too, and was forced to divide his attention, for a time, between his answers to pre- liminary questions, and the final O.K. of proofs for the Minute Man, the monthly publication of the association. Bank deposits had increased since 1920, Captain Fish admitted, but only normally. ‘Don’t forget that taxes have increased,” he added, drawing receipts from his personal files which indicated that he had paid $288, in 1913, on real property and $623 on the same property in 1922. The advance he attributes to prohibition. He said that the liquor industry had bought a revenue to his state of close to $1,000,000 a year; but, with that gone, he like everyone else, had to make it up. “And the worst of it is that the liquor industry still exists, tax free, like a non-taxable security,” he said. It was when we asked Captain Fish what was being spent today, in this country for liquor that he gave us a big surprise with, “I don’t know.” We could excuse Miss Tubbs in the headquarters of the league for not knowing; but we thought it the business of Captain Fish to have the information or an opinion. We pressed him for an estimate, without avail. He could not afford to hazard even a personal opinion, he said, for he had made it a point to give utterance to no statement on which he was not fully informed. Captain Fish, who obeys the Volstead Act to the letter, is fighting prohi- bition on moral grounds. Captain Fish was forced to excuse himself to make 230 SELECTED ARTICLES a trip to his printer. This gave us an opportunity we wanted. Captain Fish had said there were nine hun- dred and seventy odd saloons running wide open in Newark. We didn’t believe him. Newark has a popu- lation of three hundred and forty-seven thousand. Man- hattan with a population of two million seven hundred and sixty-three thousand has but two thousand saloons. We wanted to find out about Newark for ourselves. Alone, unaided by directions, in a city we had not been in two hours, we found three saloons in four blocks, bars, glasses, bottles, brass rails and everything. And we purchased three large glasses of beer at 10 cents a glass. Some writers have said that this could not be done, that one requires an introduction to procure a drink. This we deny most emphatically. Philadelphia is the only large city of seven from the Pacific to the Atlantic Coast in which we have not found it easy to get a drink. In Philadelphia, twenty-four hours’ casual observation netted us nothing; but introduction at clubs —that is different! Yes, we are fully aware we may have overlooked a few bets in the Quaker City. Phila- delphia’s arrest figures for drunkenness are high. Was ALCOHOL DESTINED TO COMPETE WITH OIL? An international issue has arisen over the question of liquor being carried on foreign ships entering Ameri- can waters. One would naturally think it was the Anti- Saloon League that had stirred up this mess about liquor on ships. Not at all. It was our mild-mannered Captain Fish of Newark, New Jersey. He did it with his Minute Man. It was a thoroughly consistent bit of activity, quite in keeping with the tenet of his organi- zation: “This association stands squarely for obedience to the prohibition laws and every other law.” This problem of prohibition has been put up to our chief executive, as if his duties were not sufficient with- out adding any of the perplexities of enforcement. As PROHIBITION 231 the high magistrate of the nation, the President is sup- posed to find ways and means to make prohibition a reality. His task of enforcement is not confined to the United States, but he must exercise his authority on the high seas. And it is a huge, an insuperable task. The crux of the whole indifference to prohibition is centered in this fact: The people are unable to see the harm in breaking the Volstead law inasmuch as drink- ing liquor is just as much a personal matter as smok- ing tobacco. Captain Fish has a real idea. As to its merits we vouchsafe no opinion. The thing for us to consider is that the association is now engaged in spreading it as part of its propaganda. Our interest in it is purely economic, for it is advanced by the association as the one big item in the cost of prohibition enforcement. Captain Fish believes that prohibition was a_ gold brick handed this country by the oil companies. Put very briefly, for those who have not heard it before, and few have, his idea is simply this: Alcohol bid fair to become an industrial competitor to gasoline, and the oil companies promptly spent millions in suppressing alcohol. On the face of it this seems a far-fetched propo- sition, but the Senate of the United States heard about it and was mightily interested. We have only to quote from the speech of Senator Broussard, delivered on February 27, 1923, to show what Captain Fish is driv- ing at. But before we do so, it 1s necessary for us to accept as a scientific fact the statement that alcohol as a fuel is superior to gasoline. It is the consensus of opinion of the foremost engineers of the world. England, a country that imports its raw materials, is making alcohol successful for use as motor fuel, and, ‘at the same time, is experimenting on its production in her island possessions. Australia pays a bonus for the production of materials and another bonus for the manufacture of alcobol. Both 232 SHEE GT EDA Gtk s are countries that do not produce petroleum. Germany is one of the largest producers of industrial alcohol, and is said to have fought the last two years of the World War with it. Germany produced more alcohol in 1914, principally from potatoes, than did the United States in 1922. Scientists claim that tropical vegetation is con- vertible into alcohol. Another scientist says that 5 per cent of the motor fuel used in this country, one hundred and sixty-two million gallons, could be produced from sugar waste alone at a total cost of 10 cents a gallon if the cost of sugar waste, or “black strap” were 5 cents a gallon. The entire crop of Louisiana “black strap” was sold, last year, for % cent a gallon. All of this is but the briefest summary of what the association is telling the farmers of this country. The statements may be verified in any library. ALCOHOL CouLp BE MApE FROM REFUSE EVEN Henry Ford’s experiments on the production of alcohol from straw are reported to be successful in sci- entific circles; but, to date, he has made no complete announcement of the costs. All he has had to say was, “TI am now making the fuel my tractors can use, out of straw. I am putting up a $35,000 plant to manu- facture alcohol from straw alone, just to show people iccanmbesdone. We now have the background for Senator Brous- sard’s speech before the Senate: Mr. President, on June 7, 1906, I consider that this country was delivered over to prohibition, because it seems to me that the minute it was recognized that alcohol would be a competitor of gasoline there was a rush to destroy it, not only on the part of those who were interested primarily in bringing prohibition onto the people of the United States, but aided and abetted by those who saw in the movement some economic advantage that might accrue to them. On that day, the Congress enacted a law making alcohol unfit for beverage or medical purposes, tax free. ‘The ettect of the law, if it had been allowed to work out, would have been to give the farmer, out of his own resources, his light and heat and PROHIBITION 233 fuel; alcohol could have been distilled from his spoiled and un- usable crops, from refuse of all kinds. In seasons of heavy crops and consequential low prices, these farm products could be converted into alcohol and stored until a time when poorer crops insure a better price, thus insuring a balance wheel of agriculture and steadiness of prices. However, the hand of death was effectively laid upon such use of surplus material of the farmers by Regulation No. 30 is- sued September 29, 1906, by the Commissioner of Internal Rev- enue, with the approval of the Secretary of the Treasury, three months before the law went into effect. No farmer has ever prof- ited from the free denatured-alcohol he was to make from his waste, because the regulations, embracing one hundred and fifty- two sections were so drastic and impossible of observance, ex- cept by rich corporations, that the law was, to all intents and purposes, a dead letter. Who framed these deadly regulations? Was it not the same forces that were at work to bring about the adoption of the Eighteenth Amendment and the adoption of the national pro- hibition law? Of course it was. But where is the direct evidence of all this? There is none; it is purely inferential. Oil men, admitting there is no argument on the question of the superiority of alcohol over gasoline, refuse to get excited and calmly ask if. any considerable amount of alcohol can be manufactured at a price to compete with gasoline. There is something we cannot answer from a prac- tical standpoint. Theory is always one thing and practice another. Still, we can remember a time when gasoline was being thrown away because there was no development of the gas engine for its use, and likewise there has been no development of an industry for the manufacture of alcohol. We must admit that this theory of alcohol as fuel has possibilities that are practical, and give them some study in the light of the costs of prohibition enforce- ment. Thousands of copies of Senator Broussard’s speech are being put into the hands of the farmer, and are bound to have some effect. It was Captain Fish, too, who furnished Senator Broussard with much of his data, for Captain Fish has a wide reputation as an authority on the use of alcohol. We have only to work 234 SELECTED ARTICLES out some basis of costs on the statement of Senator Broussard that prohibition was used to stifle alcohol; and so, for our purpose, let us pursue the results. In 1906, gasoline in the United States was 10 cents a gallon and alcohol was to be had at 8 cents a gallon. The 8 cents is the Cuba figure, taken because there was an internal-revenue tax on the manufacture of alcohol in the United States. We have already shown it could be as cheap in this country. Today, gasoline is around 24 cents. It has been as high as 38 cents. Denatured alcohol is close to 60 cents a gallon. We will assume arbitrarily that gasoline has a strong competitor and is selling at 12 cents a gallon, instead of around 25 cents. This means that the country is out $500,000,000 a year on the basis of a four-billion gallon consumption of gasoline. This alcohol fuel question, we believe, will be a big issue before the next Congress, and will be well threshed out. Perhaps we shall know more about it when the debates are finished. We know three senators who are very busy, today, looking into the matter. As the wets are making it the meat of their program, it is well that the public learn the real facts. It would be a marvelous revelation should it develop that it was actually King Gasoline who slipped the skids under John Barleycorn, wouldn’t it? BEER Was NINE-TENTHS OF TRAFFIC Earlier, we included beer in our costs of what was spent under prohibition. Just what the breweries are doing is extremely difficult to surmise—so much so as to cause us to pass it by, even as a matter of broad conjecture. Let us quote, to indicate what we imply, from the 1922 Report of the Department of Internal Revenue, the following: There were five hundred cereal-beverage manufacturing plants in the United States. Of these over two hundred have been reported during the past twelve months for violations of the law. PROHIBITION 235 Please note the official use of the word “over.” We do know, from accurate figures, that England, last year, realized $572,839,500 from taxes on beer and ale. England taxed 3 per cent beer 39 cents a gallon, in 1922, and has reduced it to 26 cents for 1923. The United States has more than twice the popula- tion of Great Britain. In 1914, we drank sixty-six mil- lion barrels of beer. It is no feat of the imagination to believe that we could now drink fifty million barrels of beer a year. The figure is reduced for this reason: It does not seem possible that the saloon will ever be per- mitted to come back. No practical substitute for the saloon has been suggested, and it is difficult to conceive that more than the fifty million barrels of beer could be distributed. Use of malt compounds for beer indicate the making of ten million barrels of beer in the homes. If we were consuming that fifty million barrels of beer, annually, as can be done with “perfect propriety” under the Eighteenth Amendment, and dealing in futures for the moment, it would net this government $680,000,000 a year in taxes, using the amount of the Quebec tax, 42% cents a gallon. It would be a tedious speculation for us to follow out the profits, or how they would be divided, on a keg of beer. If beer were to sell at 10 cents a glass, a keg would have a retail valuation of $51.20. The tax would total $13.60, leaving $38.60 for distribution from the brewer to the farmer, and, presupposing direct delivery, from brewery to consumer. But this is beside the question for the $51.20 valuation is far too high as it is based on a retailing price of 20 cents a pint obtaining during these enforcement days. While we are on the subject of beer, another interest- ing comparison comes to mind. Miss Tubbs asked us if we realized that beer in preprohibition days had consti- tuted nine-tenths of the liquor trade. We didn’t; and she gave us some figures to prove it. Let us work on the idea. That beer consumption of sixty-six million bar- 236 SELECT ER DWAR IGS rels, in 1914, was the heaviest in the beer-drinking his- tory of this country. If we retail it out at 5 cents a half-pint glass, we will discover that the tape in the cash register totals $1,689,600,000. We previously estimated, conservatively, that we were spending, today, $2,000,- 000,000 for all alcoholic liquors. So, in the banner wet year, we spent only $1,689,600,000 for nine-tenths of the liquor traffic, did we? We dare not tamper with our $1,689,600,000 and point out that the sixty-six million barrels did not have a valuation of that much, lest we be accused of having fallen off our fence. Suppose we were to give that 1914 consumption of beer a valuation of only $1,000,000,000 ; then it would mean that nine-tenths of the total liquor traffic in 1914 is only half what the total liquor traffic is today? We are tempted to say with Miss Tubbs: “It is much too much.” Yet if it is, we must try and get a check on the figures. Perhaps Miss Tubbs meant volume rather than valuation when she asked us if we realized that beer had constituted nine-tenths of the total liquor traffic in preprohibition days; that for every gallon of all other liquor consumed there were nine gallons of beer. THE PROFITS OF THE BOOTLEGGER We have heard expression of the opinion that as much money is being expended in the United States to- day, for liquor as prior to prohibition. This contention is that even though the volume of drinking has been appreciably lowered the multiplied prices balance the total costs. Some even go so far as to say that the volume is greater. Do our deductions give substance to any such idea? We were unable to get the slightest statistical con- ception of the volume of strong liquor consumed today. We know little of the extent of the bootlegger’s trade, although we have heard something of his profits; and PROHIBITION 237 most of us have ocular evidence of his prosperity, having seen his diamonds glitter. A Nova Scotia sea captain frankly told us that he and his associates had netted $6,000,000 in profits by smuggling whisky, in 1922. But let us visit one of the bootleggers—a distiller of gin! The whereabouts of this gin mill we are pledged never to reveal to a living soul, and will not. Our access to its location is a story by itself and was brought about in a strange way, which, if related, would tend to reveal other circumstances. On one floor of this gin mill—a residence from its exterior—was a room of shelves which supported dozens of five-gallon jars. This room is supposed to be raid proof, or at least proof against Volstead officers securing evi- dence. Each one of those jars connects with the sewer and, in a few minutes, could be emptied. Over each jar is a fresh water faucet, reminding one of an arrangement of jet fire sprays, the chief purpose of which is, in an emergency, to wash remaining evidence from the jars and down the sewers. The temperature of the contents of those jars was kept even by electric thermostats. And the contents of those jars is sugar in the process of fermentation. Sugar is the chief base of alcohol under prohibition. The bootlegger uses thousands of tons of it—either brown, white granulated, or corn sugar. Since prohibi- tion, the price of corn sugar has doubled. Two pounds of sugar will produce one pound, or one pint, of alcohol. Each day the contents of a number of those jars, hav- ing shown the proper content of alcohol after several days, is distilled. The distillation does not take place in the jar room but on the floor below. Were a neighbor to visit the kitchen containing the still, she would never suspect its presence, unless she had a knowing nose, it is so cleverly made a part of the household arrangement. It, too, connects with the sewer, and the floor above, with pipes. The worm and condensing apparatus lead into another room—and this worm drips gin! 238 SELECTED ARTICLES The distributing system of this gin mill indicates in- geniousness. For months, the gin was delivered on a water wagon—one of those spring-water wagons that do business in the cities selling water in five-gallon bottles. Gin, like water, is white and colorless, and the possibility for subterfuge is apparent. Thousands of gallons of gin have been delivered by this water-wagon route from this gin mill. The owner of this gin mill is prosperous. We probed to find out just how prosperous; but with little success. He did admit that he could sell his gin for a $1 a quart, and still have a margin of profit. The price paid for it by a number of clubs—golf, country and other sorts— was $3 a quart, or $12 a gallon; $60 for those five-gallon bottles of “water.” He has been in the business for nine months and had manufactured about thirty gallons of gin a day. He ex- pects to retire from business shortly. Some of the places where he sells gin resell it at a 100 per cent profit. And this gin distiller is, without doubt, but one of at least ten thousand in this country who are manufacturing and selling gin. We positively believe this. Gin is the easiest and simplest of all the “hard” liquors to manufacture. No STATISTICS ON WHISKY PRESCRIPTIONS We have still another phase of the costs under pro- hibition enforcement; medicinal whisky. It was re- marked, while we were at the headquarters of the Anti- Saloon League, in New York City, that Wayne B. Wheeler was able to give us some information that the Department of Internal Revenue could not. After we had made a careful study of the 1922 re- port, without enlightenment, a letter was addressed to the department. The answer, which states the inquiry, is as follows: PROHIBITION 239 ‘TREASURY DEPARTMENT BUREAU OF INTERNAL REVENUE Washington, D.C. Dear Sir: This office is in receipt of your letter of May 25, 1923, re- questing information in connection with the number of whisky prescriptions issued during the fiscal year 1922, and the amount of whisky withdrawn from bond for purposes of filling such prescriptions. In reply, you are advised that there are no statistics com- piled showing the number of prescriptions issued during the fiscal year, 1922. During the fiscal year, there were withdrawn, from bond, 2,654,506.7 gallons of whisky, the greater portion of which liquor was sold on doctors’ prescriptions. Respectfully, (Signed) James E. Jones, Assistant Prohibition Commissioner. Mr. Jones had no statistics showing how many pre- scriptions had been issued in 1922. But Mr. Wheeler had them for 1921, although he had not forwarded pre- scriptions for 1922 to the league in New York. Mr. Wheeler’s figures show that 40,806 physicians held per- mits to prescribe whisky, in 1921, an increase of 8 per cent over the number holding them in 1920! We wrote again to Mr. Jones and asked him if we had erred in the presentation of our inquiry—if we should have asked how many physicians held permits instead of how many prescriptions had been issued. This time his answer, somewhat nearer to the point, was as follows: You are advised that the information on file in this office shows that the Federal prohibition directors of the various states reported 44,346 permits issued to physicians during the year 1922. This shows another increase of 8 per cent over 1921. It is quite possible the sum total of permits was not on file at the time Mr. Jones answered. Let us examine his answer to our first letter. He states that the “greater portion” of 2,654,506 gallons of whisky was sold on doctors’ prescriptions. There being eight pints in a gallon, let us multiply eight 240 SELECTED ARTICLES by the “greater portion,’ namely, two million five hun- dred thousand gallons, which gives us enough whisky in pints to fill twenty million prescriptions. Each doctor is entitled to four hundred prescriptions a _ year, although a recent decision of the courts gives a doctor the right to demand a greater number. But dividing twenty million by four hundred, we find that fifty thovsand doctors held permits in 1922. But that many doctors did not prescribe their full number of four hundred prescriptions. Some only prescribed a small portion of the four hundred, from which it would appear that a much greater number than fifty thousand held permits. It is surprising that the Department of Internal Revenue has no statistics on the exact number of whisky prescriptions filled. Every ounce of drugs that comes into the country, legitimately, is traced to the users. We have already noted that interesting facts are necessarily suppressed at Washington. And there is a real reason for suppression here. The fact is that Washington made the discovery that more liquor prescriptions were being issued than could be filled by the amount of whisky legally with- drawn from the bonded warehouses—far, far more! Un- scrupulous druggists were diluting their whisky and even filling prescriptions with bootleg stuff. Prohibition off- cials immediately saw to it that all liquor sold on pre- scriptions must be bottled in bond. And that is not half the story of whisky in the drug stores. We sought the opinion of prominent physicians as to the number of liquor prescriptions issued in this country. They may have been wrong, but the con- sensus of opinion was that a total of thirty million pre- scriptions were filled. That is ten million more pre- scriptions than we estimated previously, so let us split the difference and make it twenty-five million whisky prescriptions. This estimate may still be high, but it will not make a great deal of difference to us in our PROHIBITION 241 sum total even if it is. We are reasonably certain it is not off more than five million—either way. We procured a prescription and went to ten reput- able drugstores in New York City before we could get it filled. The stated reason for not keeping whisky was because the drug stores refused to be bothered with the government agents and regulations, which, the druggists complained, made living up to the spirit of the law by a conscientious druggist very difficult. One of the lead- ing pharmacists gave us the address of a drug store that kept whisky. We bought a pint, bottled in bond, which we took back to the doctor. He pronounced it “raw and unpalatable to the stomach of a sick person.” That pint has cost us $3. Some drug stores charge as high as $5 a pint for the best grade of whisky, or at the rate of $40 a gallon. Prior to prohibition, aged whisky could be bought from the bonded warehouses for 75 cents a gallon; and $1.50 a quart was a stiff retail price. Of course, whisky was taxed unmercifully during the World War and now has a valuation of about $8 a gallon. The importance of this whisky pre- scription to us, in our search for costs, is that we can multiply its cost, $3, by twenty-five million. Let us recapitulate and tabulate some of our estimates, as follows: The United States Treasury is out annually* in taxes on Ser tes ETE SA ia rer as Mert RON SES Gi ose. a $680,000,000 Wyatt y gietacrcome phy qk fom GES Guy SOAR RR CAMEO GE a VS ae 20,000,000 PO ta Le prope nacamee meta tes) rh \s Gia Ate aN Ste trae $700,000,000 To the above we must add the amount Congress SOE ODTIntes MrOuM cit OLCEIMent-.\.' sess eea cies ate 10,000,000 OE LL a eee eee eee ek sacs a des y oa eee tatemmnene $710,000,000 1 Recent semiofficial computations show that the Treasury has lost close to $2,000,000,000 from the revenue on liquor since 1919, based on former rates of revenue. 242 SELECTED "ARTICLES We pay for liquor under the Volstead Act: Whisky x (prescription)? yusncek tte ae teem $77,500,000 Bootleg boone mri. \t)s.SSah a taht lem Meee ohh eeree 1,600,000,000 Wine ‘(legitimate and otherwise) .........-...45.. 400,000,000 — CU OtALBMN Re cs So, Cees ae oth aa) bo ciety state nae $2,077,500,000 Where have we landed? We have discovered that the country is out $710,000,000 annually to support a $2,077,500,000 illegal industry—another grand total of $2,787 ,900,000 annual cost under prohibition enforce- ment. STAGGERING Cost oF NECESSARY ENFORCEMENT We have not endeavored to make an accurate sta- tistical presentation, but every figure is substantial; for, at each step, we have demonstrated that these figures are conservative. We might have tried to figure the millions that government does not collect from boot- leggers’ incomes. ‘The amount collected in fines—less than $3,000,000 in criminal cases for the year ending June 30, 1922—is infinitesimal compared with what the profits of the bootleggers actually totaled. We might have gone into that item of sugar more closely for we have just passed through a period of high prices during which the housewives boycotted sugar. We have not taken into consideration the costs of trial and punish- ment of the 65,760 criminal and thirty-five hundred civil cases that were instituted last year in the Federal courts -—the figures do not include arrests by state and mu- nicipal authorities—and which necessitated appointment of new Federal judges. The greatest difficulty in enforcing prohibition is the money cost. To create a Federal police force large enough to maintain anything that might be called suc- cessful prohibition enforcement, would require as much money as the present cost of the rest of the Federal government, including the United States army and navy —more than $3,500,000,000 a year! PROHIBITION 243 In the complex of law enforcement, what is the attitude of the people so far as prohibition is concerned? Psychologists will please reply. DECLARATION OF THE AMERICAN FEDERATION OR GLCABOR * WHEREAS: Great dissatisfaction is manifested throughout our country among all classes against the Volstead enforcement law; and WHueErEAS: Many of our people were of the impres- sion that with the adoption of the Eighteenth Amend- ment it would not exclude the nation’s national beverage, that of wholesome beer; and WHEREAS: The drastic Volstead law has brought about the wholesale illicit manufacture of whisky and other strong alcoholic liquors or concoctions, which has resulted in the deaths of hundreds of our citizens, and has impaired the sight of thousands of others, due to the drinking of concoctions containing wood and de- natured alcohol; and WHEREAS: This deplorable condition has made the Volstead enforcement law unpopular with the vast ma- jority of our citizens; therefore, be it RESOLVED: That the American Federation of Labor, in the forty-first annual convention, assembled in Den- ver, Colorado, declares itself in favor of modification of the Volstead law, so as to permit the manufacture and sale of a national beverage of wholesome beer; and, be it further RESOLVED: That the officers and Executive Council of the American Federation of Labor be and are hereby directed to do everything within their power to have the contents of this resolution carried into effect. 1 Adopted by the American Federation of Labor, Denver, Colorado, PMN eM2s i LO2s. 244 SELECTED ARTICLES THE FAR-FLUNG PROHIBITION BATTLE SEINE, The Christmas battle between the rum-runners and the enforcement agents is on. By land, by sea, by air, the effort to run the prohibition blockade is under way. There is an east front and a west front; a north and a south front. The problem which prohibition officials are called upon to cope with is indicated as follows: Rum fleets anchored off Long Island and the Jersey coast have been reinforced by ships heavily laden for the holiday trade. To the north a mild December and the absence of snow have held open scores of unguarded Canadian border roads across which are passing fleets of automobiles and motor trucks, full of contraband. In Pennsylvania, where there are wide open saloons in several large cities of the state, the product is mainly domestic and consists of beer carted out from breweries careless of their Federal licenses to brew near-beer. West of the Keystone state, in Cleveland, Toledo, Milwaukee and Chicago, those who plan an illegal Christmas look to the Great Lakes for their supply. Determined to peddle their wares in Baltimore and Washington, rum-runners are active on the Potomac River and in Chesapeake Bay, where mosquito fleets of motor boats dart in and out of the broken shore line with cargoes from foreign ships anchored off the Vir- ginia Capes. Besides, a flood of moonshine is threatened by negro bootleggers from Maryland and Virginia. In the Carolinas Georgia bootleggers look to the mountain stills and the coastal inlets for large supplies. From Nassau, Cuba and the West Indies rum-runners are attempting to get by the scattered coast guard on the Florida and Gulf coast. On the southern boundary there are fifteen hundred miles of sparsely settled border between Brownsville, 1From New York Times. December 16, 1923. PROHIBITION 245 El Paso, Nogales and San Diego, across which smug- glers are trying to transport liquors of European origin as well as Mexican brandy, tequila and Chihuahua beer. On the west coast the bootleggers of the Pacific slopes draw upon the neighboring and legally wet territories of Mexico. OWE BEC CONTE @ Mars yo li Mis The Province of Quebec has adopted a system of state control of the sale of all alcoholic beverages, under which the distribution of beer and wine is entirely dis- associated from the sale of hard liquors—whisky, brandy, etc. The Quebec Brewers’ Association spent approxi- mately $1,000,000 in a campaign of education, extend- ing from 1912 to 1919, to bring about the adoption of this effective temperance system. The saloon or bar—as it was known in Canada and the United States—has entirely disappeared, and for it there has been substituted the tavern, under license by the government, in which beer only is sold for consump- tion on the premises. There is no bar in the beer tavern. Customers are served seated at tables. There is neither drunkenness nor disorder in the taverns, and Chief of Police Belangér of Montreal is authority for the statement that he has never had to send a police officer to a tavern. The city of Montreal, with a population of more than eight hundred thousand, is limited to three hundred taverns, and there are only five hundred in the entire province. Beer is also sold in case lots to the family trade by licensed grocery stores, and served with meals by licensed hotels and restaurants. Wine is also served with meals 1From “A Report on the Quebec Beer and Wine System with Par- ticular Respect to Its Effects on Temperance,” by Anheuser-Busch, Inc., St. Louis, Mo., October, 1923. p. 2. 246 SELECTED ARTICLES in licensed hotels and restaurants, but is not sold other- wise at retail except at the stores of the Quebec Liquor Commission. All hard liquors are sold only at the stores operated by the Quebec Liquor Commission, a state body. Only one bottle at a time may be purchased. From the revenue standpoint the Quebec system produces annually $4,000,000 for the Province of Que- bec, used for good roads and schools, and $5,000,000 for the Dominion government. The Quebec system of control has solved the liquor question from the standpoint of temperance, crime, re- spect for law and effect on government. When its highly beneficial and satisfactory results are contrasted with the disastrous results of the American experiment, all fair-thinking people must be forced to the conclusion that here is a system of constructive control and that the adoption of a similar method in the United States would be productive of equally satisfactory results. PROHIBITION IS NOW A MORAL ISSUE? The time has fully come to speak one’s mind on the subject of the shocking and immoral conditions which have been brought about by the Eighteenth Amendment to the Constitution of the United States and by the legis- lation enacted pursuant to the provisions of that amend- ment. That the amendment itself is not only a violation of the principles upon which our government rests, but a revolutionary departure from them, is generally ad- mitted. It is defended on the ground that it served an overmastering moral purpose. It is necessary to examine 1 By Nicholas Murray Butler, president of Columbia University. Ab- stract of an address before the Missouri Society at New York, April 29, 1924. Copies of this address may be obtained by addressing Box 213, P.O, Sub-station 84, New York City. PROHIBITION 247 the results from the point of view of public and private morals. This amendment introduces for the first time a specific and almost unamendable and irrepealable police regula- tion into a document whose purpose was to set up a form of government and to define and limit its powers. If the Constitution had been amended by adding to the powers of the Congress, as set out in Article I, Section 8, the additional power to regulate or even to prohibit the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes, it would have been a sufficiently radical step; but it would not then have been possible, as it is now, for an insignificant minority of the people to keep upon the statute book any congressional enactment made pursuant to this new grant of power which had proved ineffica- cious, unenforceable, or immoral. Passing lightly over the fact that there probably are not many territories sub- ject to the jurisdiction of the United States for beverage purposes—a fact which the framers of the amendment in their haste appear to have overlooked—we are now confronted by a situation without parallel in the history of the government. Unless the conscience of the Ameri- can people is wholly duiled and unless their moral sense has lost all power of expression, they will not long per- mit this condition to continue without emphatic and effective revolt. As a result of the Eighteenth Amendment, we now have a nation-wide traffic in intoxicating liquors which is unlicensed, illicit, illegal, and untaxed. We have in- troduced intoxicating liquor into parts of the country from which it had well-nigh disappeared and in hundreds of communities we have multiplied many times the saloon, if a saloon be defined as a place where intoxicating liquor may be purchased whether for consumption on the premi- ses or not. We have brought about a situation in which 248 SHE CT HIM AI Cle bs we challenge the ingenuity and sporting instinct of mil- lions of young persons to test whether or not they can safely violate a law for which they have no respect. We have invited and induced a spirit and a habit of lawless- ness which are quite without precedent and which reach from the highest ranks in the nation’s life to the lowest and most humble. If the Anti-Saloon League on the one hand and the bootlegger and persistent law-breaker on the other, had conspired together to bring nominal glory to the first and certain profit to the second, they would have united in urging the precise course of action which has been followed. The reason why the national prohibition law is not enforced is that it cannot be enforced. The reason why it cannot be enforced is that it ought not to have been passed. In its attempted forcible interference with the food and drink and medicine of the people, it is a form of oppression to which a free people will never submit in silence. No liberal can possibly defend it. The unmoral conditions which have followed the ratification of the Fighteenth Amendment are the direct and natural results of its own immorality. The principle involved cannot be better stated than in the words which President Coolidge used in his address to the American Bar Association at San Francisco on August 10, 1922. He then said: “In a Republic, the law reflects rather than makes the standard of conduct. The attempt to dragoon the body when the need is to convince the soul will end in revolt.” The Volstead Act states a conscious lie when it defines as intoxicating that which everyone knows is the con- trary. It oversteps the authority of the Eighteenth Amendment when it attempts to interfere with the use of alcoholic liquor as medicine, and it affronts, if it does not invade, the Bill of Rights at every possible point. The latest and most alarming suggestion, made on the floor of the House of Representatives, is that the Eigh- teenth Amendment, coming as it does after the Bill of PROHIBITION 249 Rights, repeals any part of that historic document with which it may be in conflict. There are those who would be satisfied with urging that the Volstead Act be brought into accord with the Eighteenth Amendment and that the untruths and law- lessness be taken out of it. That program is good so far as it goes, but it is the Eighteenth Amendment itself which offends and which is the corner-stone of the whole vast immoral, degrading and law-breaking system that has been built upon it. The appeal is now to be made to the men and women of religious faith, of moral principle, and of public spirit to cast off the scales that have closed and darkened their eyes and to face the terrible facts that confront them on every hand. Senators and representatives in Congress and members of state legislatures nonchalantly vote for prohibitory legislation and quickly betake themselves for refreshment to a drink of alcoholic liquor. Judges sen- tence men to fine and imprisonment for having been de- tected in doing what other judges do without detection. A voluble and sarcastic advocate of strict enforcement of the prohibitory law himself joins in a toast, drunk with intoxicating liquor, which he offers with these words: “Prohibition: it is good for the other fellow!’ When- ever you hear a public officer or a candidate for elective office cry out with particular unction for law enforcement, tap him on the hip. Such is the pass of hypocrisy, of double-dealing, of cowardice, and of public and private immorality to which we have been reduced by the policy of prohibition. What can one say of those who, while calling them- selves ministers of the Gospel of Christ——God save the mark!—pass resolutions of confidence in a convicted criminal, tender him a substantial gift of money wrung from their deluded dupes, and roll their eyes to heaven giving thanks that they are not as other men. In what respect do they differ from those hysterical and un- 250 SELECTED, ARFIGLES balanced women who shower convicted murderers with flowers and sweetmeats? How dare they stand in a pul- pit called Christian and so violate both the practice and the teachings of Jesus Christ himself? A prominent citizen of a neighboring state, who was publicly upholding and defending the prohibitory laws and daily violating them in his own domestic life, was asked how he reconciled his practice with his profession. He answered with unblushing cynicism, “We like the hypocrisy of it; it pleases us to have these prohibitory laws on the statute book.” — Politicians without exception assure us that there can be no issue made of the prohibition question, that any party will go down to destruction which touches it, and that present conditions must be permitted to exist and to develop as they are. They insist that the repeal of the Eighteenth Amendment is impossible, and that there can be no cure for the conditions that have followed its rati- fication. In other words, their estimate of the intelligence and morality of the American people is that they are too ignorant, too stupid, and too cowardly to rise to their feet and with burning moral indignation to sweep from power this whole army of impostors, fanatics, and un- worthy spokesmen of the public will. They forget, how- ever, that while party platforms may avoid the moral question raised by prohibition, political issues are primar- ily made not by platform declarations but by the people themselves. There was originally no moral question raised by the policy of prohibition. It is no more moral or immoral to drink or to refrain from drinking alcoholic liquor than it is to eat or to refrain from eating roast beef or buck- wheat cakes. Drunkenness, like gluttony, is a vice be- cause it shows lack of self-control and the excessive use of something which may in itself be not only innocent but beneficial. The provisions of the Eighteenth Amendment reflect a state of mind, a condition of opinion, and have PROHIBITION 251 nothing more to do with morals than have the provisions of the Seventeenth Amendment, which relates to the mode of electing senators. Now, however, a distinct and burning moral issue has been raised by the results of the prohibition policy. That issue is whether the American people will have the intelligence, the courage, and the persistent strength to strike from their Constitution and their statute book the hateful cause of all this demoral- ization, and, following with the well tested experience of their neighbors in Canada, to adopt a rational, a moral, and a practical method of abolishing the saloon, of regu- lating and restricting the liquor traffic, of removing the chief cause of lawlessness among us, and of greatly pro- moting the cause of temperance and good morals both public and private. On this whole question as it affects our nation, let me read a very striking editorial which appeared in the Daily News of Greensboro, North Carolina, on August 30, 1923, with the title, “The Disregarded Constitution’ : The President called upon the Southern Newspaper Pub- lishers’ Association for support of the Constitution of the United States, and his advice will be received with loud acclaim by many men and newspapers who have not the slightest intention of fol- lowing it. The Constitution of the United States has become, like the tariff, a local issue. In its entirety it is accepted and loyally supported nowhere. The. various sections obey such parts of it as accord with their sectional ideas and prejudices but conveniently forget all about others. The southern newspapers, to choose for an example the audi- ence to whom the President addressed himself, while they may applaud Mr. Coolidge’s utterance, will not therefore support any more loyally that part of the Constitution embodied in the 14th and 15th Amendments to the original document. Literal appli- cation of those amendments is impractical, and every southern newspaper knows it. Why be mealy-mouthed about it? Why proclaim our undying loyalty to the Constitution when we are thoroughly convinced that in this particular the Constitution is wrong and it would be criminal folly to try to enforce it liter- ally? Why not be honest? Why, because absolute honesty would require that we accord the same privilege of critical selection to others. We should be estopped from abusing New York for 252 SELECTED PARGIGEES refusing to accept the 18th Amendment. We should be estopped from abusing California for rejecting the Bill of Rights. As long as one can purchase intoxicants without difficulty in the north; as long as the right of free speech is denied in the west; as long as negroes are not permitted to exercise all the rights of citizenship in the south, there are at least three large rents in the document which nobody is disposed to mend. The south is willing to sew up the holes that the north and west have made. The north and west are equally ready to grant everything to negroes. The north shares our horror at the suppression of free speech in the west, and the west is as indignant as we are at the wetness of the north. But the trouble is that each section must first cast the beam out of its own eyes before it can see clearly to cast the mote out of its neigh- bor’s eye; and that none of us is willing to do. In addition there has arisen recently a disposition to make still another hole in the Constitution by demolishing the Ist Amendment through an indirect establishment of religion. This is by no means sectional. It has appeared in a number of states widely separated geographically.’ It is the proposal to limit by statute the liberty of teachers in state-supported educational in- stitutions to teach scientific truth. The only reason ad- vanced for this astounding proposal is the fear that the spread of scientific truth might result in the overthrow of certain current religious beliefs. Therefore the law is invoked for the protection of these threatened religious beliefs. By sup- pressing the teaching of science it is proposed to establish these beliefs forever; which is a procedure explicity forbidden in the 1st Amendment to the Constitution of the United States. The fact is that, in spite of our vociferous lip-service, the Constitution is held in exceedingly slight esteem in this country. We cheer President Coolidge’s words enthusiastically; but we don’t believe them for a moment. This is an exceptionally frank and helpful expression of opinion from a responsible source. It tears the mask of hypocrisy from the face of those who, while for fifty years systematically disregarding the Fourteenth and Fif- teenth Amendments, now cry for the strictest possible en- forcement of the Eighteenth Amendment. It illustrates once more that a large part of the demand for law en- forcement of which we are hearing so much, is really not a demand for law enforcement at all, but rather for that particular form of lawlessness to which those who raise the clamor are chiefly addicted. It is high time to re- buke as it deserves the insolent and vulgar classification PROHIBITION 253 of our citizens into wets and drys—unless, indeed, the word dry is in this instance the appropriate designation of those whose influence is exerted to develop among us rivers whose streams, like some of those in Arizona, flow unobserved and underground. Our sad experience with the futile attempt at Federal prohibition does not stand alone. The London Times on March 27 prints a dispatch from Christiania reporting the decision of the Cabinet Council to introduce a bill in the national legislature of Norway to repeal the prohibi- tion laws. The conditions which have arisen under those laws in Norway are described as insupportable. Effec- tive control has been found to be impossible, and the gov- ernment declares that the only way out of the present state of things is to repeal prohibition and to resume the fight against the drinking evil by voluntary abstinence and the institution of public control over the turnover of alcoholic liquors. This is to travel the road of sense, of practical effectiveness, and of true temperance. Only four days later the London Times again reported that in Finland, owing to the disastrous effects of the prohibition act both on the general level of sobriety and in encourag- ing smuggling and other forms of law-breaking, anti- prohibition is on its way to become an election issue and that candidates at the next legislative election would be definitely pledged to the repeal of the prohibition act. Such a situation as confronts us in the United States is intolerable, solely and exclusively from the standpoint of morals. It has nothing to do with the appetite for alcoholic liquor, whether that appetite be controlled or uncontrolled. It has nothing to do with local measures, prohibitory in character, which respond to the substan- tially unanimous sentiment of a local community. It has to do with the attempt to turn and twist our Federal form of government until it becomes an instrument of tyranny and to destroy the Constitution of the United States by injecting into it mere police regulations which, however 254 SELECTED aR ARGS important any one of them may seem to be at any par- ticular time, are of quite subsidiary consequence when contrasted with the provisions upon which our form of government rests. There is a close parallel between slavery and prohibi- tion. Slavery was not long ago proclaimed as the prin- cipal cause of civilization, indeed as the sole cause. It was defended and extolled as a divine institution by pre- cisely the same type of clerical mind that defends and extols prohibition. It ate out the vitals of our nation for over a half-century, just as prohibition is doing now. It was incorporated in our constitutional system, and even as late as 1861 the attempt was made to amend the Con- stitution that it could never be abolished. Even after Lincoln had been inaugurated and the Civil War had begun, this proposal was ratified by the states of Ohio, Maryland and Illinois. Men and women of the highest intelligence and noble character who hated slavery were called upon to accept it and to obey the laws based upon it because they were the law. Precisely the same argu- ments are urged in support of the Eighteenth Amendment and the Volstead Act, and precisely the same attitude is taken toward them. My own feeling toward prohibition is exactly the feeling which my parents and my grand- parents had toward slavery. I look upon the Volstead Act precisely as they looked upon the Fugitive Slave Law. Like Abraham Lincoln, I shall obey these laws so long as they remain upon the statute book; but, like Abraham Lincoln, I shall not rest until they are repealed. The issue is one of plain, simple, unadorned morality. With these obstacles to temperance and orderly gov- ernment out of the way, with the police power of the states, which should never have been diminished or in- vaded, restored to them, it will be quickly possible to build a constructive policy upon the foundation of the system which works satisfactorily in the Province of Quebec and in Sweden. By this system the saloon is abolished be- PROHIBITION 255 cause it is made not only illegal but unprofitable, the con- sumption of alcoholic liquor is greatly diminished, the food and drink and medicines of citizens in their own homes are not interfered with, and the immense revenues now illicitly appropriated by the bootlegger are restored to the public treasury and the crushing burden of the taxpayer greatly relieved. With all this experience before them, those who re- main satisfied to demand the enforcement of a demon- strably unenforceable law must accept responsibility for being the silent partners of the bootlegger and a power- ful contributing cause to that spirit of lawlessness which threatens the foundations of our whole social and politi- cal order. BRIEF EXCERPTS The Volstead Act is being generally violated—Louis Graves. Atlantic Monthly. 127: 525. April, 1921. More people are alcoholic because they are feeble- minded than vice versa.—Dr. Henry H. Goddard. Feeble- mindedness, Its Causes and Consequences. p. 402. No nation is drunken where wine is cheap.—Thomas Jefferson in a letter to Monsieur de Neuville dated De- cember 13, 1818. Beer containing three per cent by volume of alcohol, or 5.25 per cent of proof spirit, is a non-intoxicating liquid Dr. H. M. Vernon. British Journal of Inebriety. 18:70. October, 1920. The saloon is frequently the only place in which the poor man can be sure of warmth, comfort, and companionship.—Keport of the Commission to Investi- gate Drunkenness in Massachusetts. 1914. p. 34. The definition of an intoxicating beverage contained in the Volstead Act is not an honest or a common 256 SELECTED ARTICLES sense one.—Governor Alfred E. Smith. Memorandum on Approval of Bill to Repeal the Mullin-Gage Law. June I, 1923. Taking its toll of thousands and thousands of lives by slow poisoning, prohibition is a breeder of contempt for law and a menace to the country.—Alonzo G. Hink- ley, Judge of the Supreme Court. Buffalo Evening News. December 19, 1923. Neither the prohibitionists nor any one else appears to be willing to pay the price of effective federal en- forcement: hundreds of millions for spies in every city block and village and wooded valley—New Republic (editorial). June 14, 1922. The disregard of the national prohibition law, en- couraging as it does a contempt for law in general seems to many observers to constitute an evil that out- weighs any incidental benefits-—Loms Graves. Atlantic Monthly. 127: 527. April, 1921. The Volstead Act serves merely as a source of cor- ruption and intemperance in every community where a considerable body of citizens remain unconverted to the policy of political regulation of their personal habits.— Freeman. 7: 412. July 11, 1923. There is no escaping the conclusion from the mass of available evidence, that the enforcement of prohibition has created a demand for, and produced a traffic in, habit-forming drugs among a dangerously large propor- tion of the lower classes in the South.—Dr. Edward H. Wiliams. The Question of Alcohol. p. 28. Accompanying the decline of personal liberty there has been an increased disrespect for the law. Those who are rebellious and decline to acquiesce with the PROHIBITION 257 present trend and still insist on their individual rights are in the minority—Sylvan H, Lauchheimer of Balti- more, President Maryland State Bar Association. Prohibition at its best has never absolutely prohibited, it has merely reduced somewhat the consumption per head by the population; at its worst it has tended to increase consumption per head by reason of a well- understood trait of human psychology.—Raymond Pearl im Starling, Ernest H. The Action of Alcohol on Man. Parecrd. A large part of the community has always attributed many criminal acts to intoxicating drinks. I am con- vinced that with such crimes as murder, burglary, rob- bery, forgery, and the like, alcohol has had little to do. Petty things, like disorderly conduct, are often caused by intoxicating liquor, and these land a great many temporarily in jail, but these acts are really not criminal. —Clarence Darrow. Crime, Its Cause and Treatment. Deal? fs If I am to deal with prohibition, there is no doubt of the first thing to be said about it. The first thing to be said about it is that it does not exist. It is to some extent enforced among the poor; at any rate, it was intended to be enforced among the poor; though even among them I fancy it is much evaded. . . Pro- hibition never prohibits. It never has in history; not even in Moslem history; and it never will—G. K. Chesterton. What I Saw in America. p. I4I. It is generally agreed by students of the municipal police problem in this country that a very large part of the police corruption and inefficiency for which American cities have acquired an unenviable reputation is traceable to charging the regular police with this func- tion of enforcing standards of morals with which in 258 SELECTEDVARTIGLES many cases a large portion of the population is not in sympathy.—Herman G. James. Municipal Functions. p. 30. “Dry” men are more critical of each other, more self-_ conscious, and are harder, drabber in speech. Iced water, ice cream, icy eyes, icy words. Gone the mellow- ness, generosity, good humor, good nature of life. Enter the will-bound, calculating, material, frigid human machine. Strange that the removal of this thing, supposed to pander to the animal in us, makes one feel less a man and more an animal, above all, an ant. —Ferdinand Tuohy. Literary Digest. 64:52. January 17, 1920. Many laws which interfere with the habits, customs, and beliefs of a large number of people, like the prohi- bition laws, never receive the assent of so large a per- centage as to make people conscious of any wrong in violating them, and therefore people break them when they can. Often this class of laws is enforced upon offenders who believe the law is an unwarrantable in- terference with their rights, and thus causes convictions where no moral turpitude is felt——Clarence Darrow. Crime, Its Cause and Treatment. p. 133. The administration of the federal prohibition en- forcement division has been an entire failure, resulting not only in serious injury to legitimate industry, but in reality adding bootleggers. This arraignment of Prohibi- tion Commissioner Roy A. Haynes and his predecessors was made today in a report of the committee on legisla- tion of the National Wholesale Druggists Association, now holding its fiftieth annual convention here. The report, which met with the unanimous approval of the delegates, including those from the American Chemical Society, was submitted by C. M. Kline-—New York Times. September 24, 1924. PROHIBITION 259 In defining intoxicant and in fixing the maximum alcoholic content which may legally be present in bev- erages, the Volstead act does not represent an honest, or fair, or reasonable interpretation of the constitutional amendment. The widespread disrespect for the extreme features of the Volstead Enforcement act has contributed mightily to engendering widespread disregard for the majesty of law and order in general, and that this result is a perfectly normal, natural and unavoidable result of a piece of legislation involving such drastic and fanatical phases. As a practical measure, the Volstead Enforce- ment act in its severity is a failure. In spite of millions lavished in the attempt, in spite of an army of political appointees and a liquor navy, it is not being enforced. It cannot be enforced and it will never be enforced.— Professor Charles L. Durham. New York Times. Sep- tember 21, 1924. Wayne B. Wheeler, general counsel for the Anti- Saloon League of America, asserted that the best Christmas gift to the American people was the one brought by prohibition. Mr. Wheeler claimed that in the last four years of its operation national prohibition had saved 873,000 lives. No one, however, with any knowledge of the facts would lay this entire saving to prohibition or to any other single item. Most of the saving in human lives was caused by the prevention of transmissible diseases, reduction 1n infant mortality and to the intensive campaigns which have been carried on for many years by the United States Public Health Service, State and Municipal Health officials, by large national organizations, such as the National Tuberculosis Association, the American Social Hygiene Association, the American Child Health Association, the American Public Health Association and by insurance companies. —Lee K. Frankel, New York Times. January 7, 1924. Whatever may be our individual ideas on the sub- ject of temperance and prohibition, we believe that there 260 SELECTEDPARTIGLES can be no doubt that this law tends to debauch and cor- rupt the police force. It interferes with the liberty and private life of moral, law-abiding citizens. It even goes so far as to brand good men as felons because, in their own conscience, they desire to indulge in personal habits in which they find no harm. It has not checked the misuse of intoxicating liquors, but it has seriously ham- pered their proper use. We feel that it can never be enforced, because it lays down rules of private conduct which are contrary to the intelligence and general mor- ality of the community. It is an attempt by a body of our citizenship thinking one way to interfere with the private conduct of another body thinking another way.— Unanimous report of a grand jury m Kings County, N.Y. (the city of Brooklyn). New York Globe. December 22, 1922. He [President Wilson] felt that it was unreasonable for Congress, in the Volstead Act, to declare any bev- erage containing an excess of one half of one per cent of alcohol intoxicating and that to frame a law which arbitrarily places intoxicating and non-intoxicating bev- erages within the same classification was openly to in- vite mental resentment against it. He was of the opinion that it required no compromise or weakening of the Eighteenth Amendment in order to deal justly and fairly with the serious protests that followed the enactment into law of the Volstead Act. He was, therefore, in favor of permitting the manufacture and sale, under proper governmental regulations, of light wines and beers, which action in his opinion would make it much easier to enforce the amendment in its essential par- ticulars and would help to end the illicit traffic in liquor which the Volstead Act fostered by its very severity. This would put back of the enforcement of the Eighteenth Amendment the public sentiment always necessary to the execution of laws.—Joseph P. Tumulty. Woodrow Wilson as I Know Him. p. 409-10. PROHIBITION 261 At the Senate Committee hearings, when the Vol- stead Act was under consideration, the results of many exhaustive tests were presented. These tests consisted mainly of careful observations of the effect upon many subjects after drinking beer with a percentage of 2.75 alcohol by weight, equivalent to over 3 per cent by vol- ume. These tests were conducted by some of the best known medical and scientific authorities in the country, including Professor Hare, who for 28 years has been the professor of therapeutics in the Jefferson Medical College of Philadelphia; by John Marshall, Professor of Chemistry and Toxicology in the University of Penn- sylvania for over 20 years and Dean of the Faculty of Medicine there for ten years. Tests were also made by various others whose positions in the country can- not be successfully assailed. These men all testified that, after numerous tests upon all classes of human subject, they were convinced it was impossible to be- come intoxicated by a consumption of beer with this percentage of alcohol.—Senator Walter E. Edge. Annals of the American Academy. 109: 75. September, 1923. We believe the Eighteenth Amendment is an unwar- ranted intrusion upon the rights of the States. The use of the Constitution as an instrument for sumptuary legis- lation does violence to the purposes and objects of the founders of the Republic, and is destructive of the basic scheme of government therein provided. The unwisdom and futility of departing from the plan of government thus given us by our forefathers is demonstrated by the consequent results. In the wake of the amendment has trailed corruption of government on a scale unparalleled in the history of the country, a lack of enforcement and general disrespect for all law. These attendant evils strike at the very foundation of the Government and re- quire quick and courageous efforts at correction. We assert that the Volstead act and the Hobart En- forcement act of the State are fanatical and unreasonable 262 SELECTED ARTICLES interpretations of the amendment and lack the sanction of popular approval. We demand immediate action by Congress that the Volstead Act be so amended as to permit the manufac- ture and sale of wines and beer in order to provide a mea- sure of relief from a condition of lawlessness which has been created by the passage of this act. We call attention to the open and flagrant violations of this and similar laws as providing that the United States Government is unable to enforce a law which has not the support of a large proportion of the people of the United States. We be- lieve a continuation of such a situation breeds contempt for ali law and order and tends to engender a new class of criminals who are preying upon the people of this country. In order that New Jersey may not continue a party to such a demoralizing situation, we demand a repeal of the State enforcement act, believing that through such a repeal notice will be given to the people of New Jersey and to the people of the United States that our State has done everything in its power to correct the evil which is recognized to exist—New Jersey State Platform of the Democratic Party for 1924. Our committee was advised that, taking the country as a whole, 44 per cent of the time of the United States district attorneys is devoted to prohibition cases. This is not a mere estimate. It is the analysis of replies to a questionnaire addressed by the department to all dis- trict attorneys throughout the country. One of the singular and worth while mentioning coincidences of this condition is that the district attorneys in prohibition States—you know I mean States where prohibition was in etfect before the adoption of the eighteenth amend- ment—are required to devote a great deal more of their time and energy to enforce the Volstead law than is expected of them in the States that did not adopt pro- hibition voluntarily but had it forced upon them. PROHIBITION 263 Take my own State of Massachusetts, for instance, which now and then the prohibitionists refer to as being composed of stubborn and lawless people. In the old Bay State only 30 per cent of the time of the United States district attorney was devoted to prohibition mat- ters last year, while in the southern district of prohi- bition, Alabama 90 per cent of the district attorney’s time was used up in the same cause. North Carolina is one of the old prohibition States and it stood for the dry law long before the adoption of the eighteenth amendment, and yet last year 70 per cent of the time of Uncle Sam’s attorneys in that State had to be given to cases brought under the Volstead Act. In prohibi- tion West Virginia it was 70 per cent in the southern district and 60 per cent in the northern district. In Arizona, 60 per cent; in Arkansas, 50 per cent; in south- ern Florida, 60 per cent; yes, and in Kentucky, the home State of my friend Mr. BarKLEy, one of the most eminent “drys” in this House, it averages 75 per cent. In northern Mississippi it runs to 55 per cent, and in the southern part of that beautifully dry State it is over 50 per cent. Wyoming, which has always been a garden spot of the drys, requires their United States attorneys to spend 45 per cent of their time prosecuting violators of the sacrosanct Volstead law. And Georgia, the driest State in this whole House [laughter], needs them 60 per cent of the time. And lo and behold even the State of our brother VoLsTEAD demanded 60 per cent of the time of the United States attorney to prosecute the bootleggers and the moonshiners and the experts who have developed the “white mule” industry—James A. Gallivan. Congres- sional Record. February 24, 1923. NEGATIVE DISCUSSION PROHIBITION’S GIFT! The best Christmas gift to the American people was the one brought by prohibition. A few of the cumulative results of four years of sober industry are: A cut in the death rate that saved eight hundred seventy-three thousand lives, profiting the insurance companies and policy holders $678,769,000. A decrease in the rate of preventable illness equiva- lent to 1,747,950 people continuously ill for one year. A reduction in the ratio of drunkenness arrests per one hundred thousand population equivalent to five hun- dred thousand fewer arrests for drunkenness in 1923 alone, or over two million fewer in the four dry years. A decrease in the penal ratio resulting in twenty thousand fewer persons being committed to penal insti- tutions in these four years. Elimination of intemperance as a cause of poverty, releasing $74,000,000 of charity funds for constructive work. Wiping out 177,790 licensed saloons, around which huddled the homes of families whose revenues were drained by the liquor leach. Over a billion dollars added to our savings accounts and over eleven billion dollars to our new life insur- ance policies in 1923. Increased the taxable wealth of former license cities by increasing valuation of former saloon sites. Lowered industrial accidents by a quarter of a mil- lion annually. Made possible vast expenditures on moving pictures, athletic equipment, and other wholesome entertainment which replaced the saloon. 1 Statement issued by Wayne B. Wheeler, general counsel, Anti- Saloon League of America. January 24, 1923. 268 SELECTED ARTICEES Made roads safer for the four million automobiles manufactured last year, many of which were bought by former impoverished drinkers. Increased home building by two thousand more new homes built per month in 1923 than in 1919, in spite of higher costs. Added a daily Pentecost of three thousand new members to the churches. Sent throngs of youths and girls to high school and college by eliminating the liquor drain on the family purse. Prohibition was not unaided in creating these bene- fits, but only a sober, thrifty and industrious country could have wrought these things. DRY LAW IS WORKER’S FRIEND* Prohibition has been of incalculable benefit to the workers in American industry, particularly those in the steel industry, and their families, Judge Elbert H. Gary, chairman of the Board of the United States Steel Cor- poration, declared yesterday in an interview for The New York Times at his office, 71 Broadway. Based on observation and reports from officials of the Steel Corporation in plants throughout the country, Judge Gary’s conclusions on the effect of the Volstead Act and the various state prohibition enforcement laws furnished a convincing argument for the retention of complete prohibition. According to Judge Gary, the effects of prohibition, despite the admitted violations of law in the large cities, have included a decrease in the consumption of intoxicating liquor, a decrease in crime and poverty, an increase in the health of the workers and their families and their savings deposits. These advantages to the workers have been coupled with an improvement in the working ability and dispo- sition of the employees, according to Judge Gary. Even 2From the New York Times. July 31, 1923. PROHIBITION 269 without the material and moral advantages to its em- ployees, Judge Gary said the Steel Corporation would be for prohibition, because it pays. Judge Gary declared himself against any modifica- tion of the prohibition laws. Opposes WINES AND BEERS “How do you feel about an amendment to the Vol- stead Act to permit the manufacture and sale of light wines and beer?” he was asked. He replied: I wouldn’t favor it. Perhaps, if I had been called upon to express an opinion in regard to the adoption of the original law, 1 might have decided in favor of permitting the manu- facture and sale of beer and wine with alcoholic contents small enough to make them safe under the opinion of the best medical authorities. If I should express the opinion of a layman, which, it must be admitted, is not valuable, I should say about four per cent of alcoholic content. However, as the law was passed in its present form, I think it would be a mistake to amend it in favor of light wines and beer. | _ Judge Gary said that the Steel Corporation, through its officers and plant superintendents in many parts of the country, had made a close observation of the effects of prohibition, even before the adoption of the Federal amendment and the enactment of the Volstead Act, by watching the results of prohibition laws in the states. Judge Gary said: Of course, there are always some persons who will object to the passage or enforcement of any penal or prohibitory law and, as a rule, they are the men who do the most talking on the subject; I have no hesitation in saying with emphasis that the Volstead act and State laws for prohibiting the manufac- ture and sale of intoxicating liquors have been very beneficial to the industry of this country and to the workmen connected with it and their families. Says SAVINGS INCREASE While there have been violations of these laws, particularly in the larger cities, while there has been illicit manufacture of “hootch,” so-called, and while there has been more or less boot- 270 SHRURC TED MWAIOIGLES legging, yet as a total result of the prohibitory laws there has been a large decrease in the use of liquor, at least in the vicinity of our various plants throughout the country. There has been a noteworthy decrease in the number of jails, asylums and hospitals. There has been an increase, and a large increase, in the bank balances of savings deposits. The health of the people has improved. The families of workmen are better clothed and better treated. The attendance of the workmen and their families at church, of the children in schools and of all of them at clean, legitimate, healthful resorts and places of amusement, has materially increased. The sale and use of automobiles has been largely increased by the fact that a large majority of the workmen now prefer to take excursions with their families by automobile instead of spending their time at the saloons or other places and wasting their money in practices that are physically injurious instead of beneficial. At a meeting of steel men recently, it was stated by one of those present that the families of the workmen in the steel mills would vote with practical unanimity in favor of total prohibition, although some of the husbands might, perhaps, be in favor of the sale of beer and light wines. All in all, however, there is no doubt that a large pre- ponderance of the workmen of this country are in favor of the prohibition of the sale and use of all intoxicants from the standpoint of good morals, good economics and peaceful social relations. We should all remember constantly that if any one law is broken and the offender is unpunished or unprotected, some other person may decide to take the same course with respect to another law. It is a simple but important fact that the only safety of this country is found in the adoption and enforcement of laws which are calculated to protect all the people and which discriminate against none. Cites BIRMINGHAM Judge Gary added that a striking example of the favorable effects of prohibition had been shown in the improvement in conditions in Birmingham and_ other steel towns in Alabama after the passage of a strict state prohibition law a year or two before nation-wide pro- hibition. Judge Gary said that the acquisition of the Tennessee Coal and Iron Company by the Steel Corpora- tion had been followed by a rapid expansion of its busi- PROHIBITION 271 ness, the Steel Corporation expending about $150,000,000 in development and improvements. This expansion, he said, brought about rapid increase in population, and some of the Alabama steel cities took on the characteristics of frontier mining towns. Crime increased; there were shootings in the streets and a general looseness of action on the part of many of the steel mill employees. With the passage of the Alabama state prohibition law all this changed, he said. A new jail, which had been built and filled, became empty and had been converted to other uses. The families of the workers, both white and negro, are prosperous. The children are receiving good schooling, and even a large hospital, which the corporation built in Birmingham, filled before prohibition, is now half empty. PROHIBITION HAS MADE GOOD’ In the past two tempestuous years, the numerous false wigs and masquerading costumes of the alcohol problem have been stripped off, one after another. Alcohol isn’t and never was a food. It isn’t essential to health, or needed as a medicine. It isn’t necessary as a source of revenue. Its taboo does not and will not paralyze business, or throw any body of men out of em- ployment, or ruin any class of fruit growers or farmers. The simple, sole, central and final problem to which we have at last come down squarely is, “Can we stand the jolts of life’s highway without a narcotic shock- absorber? Can we do without a pair of rose-colored, spirituous spectacles for occasional wear?” Alcohol is not a food, for the simple and sufficient reason that, to put it very crudely, it is some thirty times as poisonous as it is nourishing. The utmost amount of it that we can possibly burn clean and turn into heat 1 By Dr. Woods Hutchinson. Hearst’s International. 42: 81-4. July, 1922, 272 SELECTED ARTICLES or work in twenty-four hours is two ounces, while our body gas-engine demands the fuel value of sixty-four ounces of alcohol (that is, two quarts of alcohol or five quarts of raw whisky) every day to keep it running properly. So that if we undertook to live on alcohol we should have to take our choice between starving to death, if we limited ourselves to one-thirty-second of a ration, which we would utilize without injury, or speedily dying dead drunk (in technical terms, of “acute alcoholic intoxication’), if we attempted to engulf our five bottles of whisky daily. | What a joke alcohol really is, in the way of food, may be glimpsed from another point of view in the light of our recent experiences. The steady soakers and habitual drunkards at one end of the social scale and the feather-wits who love to consider themselves fast and fashionable, dwellers in the land of Lobsteria and baskers in the glare of White Lights, at the other, prob- ably drink almost as much as they did before the drought. But the overwhelming mass of the 90 per cent of decent hard-working, self-respecting citizens all over the country are consuming at least 50 per cent and probably nearer 65 per cent less than they did before the constitutional amendment. The net result, even after allowing for all the at- tempted consumption of home brew high explosives, is that less than a third as many tons of good, wholesome, nutrituous grains, fruits and roots are being turned into alcohol as formerly. As only about one-fourth of the total food value, or fuel energy of the barley, corn, © apples, grapes, etc., distilled, is recovered in the form of alcohol, this means that thousands of tons of nourish- ing bread and cereals and appetizing and refreshing fruits are placed upon the markets and in the grocers’ windows for use upon our tables, without extra charge. In other words, even supposing—which is far, far from the truth—that all the alcohol produced was con- ae PROHIBITION 273 sumed well within the two ounces a day limit of clean combustion, the nation has gained four times as much food value as it has lost, by wiping out the alcohol in- dustry. The quality of this saving has been even more im- portant than its quantity, for the amount involved is so great that the law has practically placed fresh fruit free, on every table in the land every day in the year. What that means to the health, welfare, and comfort of chil- dren can scarcely be over estimated in the light of our recent discoveries of the priceless, life-giving value of those growth-foods, known as vitamins. These are abundant in fresh fruits and fruit juices, but are totally destroyed and lost in the processes of fermenting and distilling. Careful and thorough researches in the laboratory, undertaken in a last despairing attempt to discover and prove some point of value and wholesomeness in beer and wine, have utterly failed to disclose even a trace of vitamins in the sparkling cup. This satisfactorily explains the apparent paradox that the California wine-grape growers who, when the pro- hibitory law was first passed, were on the point of dig- ging up their vines and putting down their land to some other crop, instead of losing their market and facing financial ruin, have had, and still have, the keenest de- mand for all the grapes they can possibly raise at the highest prices that they have ever known. The farmer, or merchant, or working man has simply taken the money that he had formerly spent upon wine and beer for himself, and applied it to buying grapes and apples and oranges and butter and milk and ice-cream and green vegetables for his wife and children. No wine every yet vinted is one-fifth as “strengthen- ing” as the grapes out of which it is made, having lost all its vitamines and much of its iron; no beer however cooling and comforting one-third as nutritious as the 274 SELECTED MA RTGS barley which was destroyed to brew it; no bitter ale or stout is half as good a tonic and digestion-improver as the malt and hops which have gone into it, or the clear, fresh, bitter of grape-fruit or lettuce, or green chicory. Indeed, these fresh fruits and green vegetables and crimson tomatoes and golden carrots and cabbage and alfalfa, with their heavy charge of vitamines, have been found to be the only real appetizers, nature’s own di- gestive tonics and stomach bitters. One of the most heart-broken and genuine outcries of distress and dismay that rose toward the sky when the shadow of the Great Drought began to threaten was the bitter plaint of those worthy mothers in Israel who simply couldn’t see how they were going to get along without a big bottle of “good old whisky” on the top shelf of their home medicine chest. The very idea of trying to keep house without it, especially in country districts, miles away from a doctor, was like going to sleep at night with the door unlocked, or having a funeral best parlor without a family Bible. | One of the most significant and revealing results of the new law and as unexpected as it was interesting, was a finding recently reported in our great national medical paper, the Journal of the American Medical Association. Careful inquiry was made covering one hundred twelve thousand practicing physicians scattered through- out the union, with the startling result that of all this number of busy doctors, in active practice in great cities, in state capitals, in industrial centers, in country towns and in rural districts, only 33,379, less than one-third, had thought it worth while to take out permits to pre- scribe whisky or brandy for medicinal purposes. A more impressive proof of the light esteem in which alcohol is held for remedial purposes could hardly have been imagined. The number of physicians covered is the total licensed to practice medicine in the twenty-four states which — _ ee a ee ee ee ee ee eee PROHIBITION 275 permit doctors to prescribe whisky or brandy; the re- maining states by local laws forbid absolutely either the writing or the filling of prescriptions for whisky or brandy. One statement can now be made with absolute sure- ness, and that is that all over the country has occurred a most unmistakable and striking decline in the general death rate from all causes, until it has now reached its most triumphant low-water mark in all recorded history. Just as a single illustration to serve as a type of all the rest, the death rate for the entire United States has fallen in the last three years from 14.2 to 12.3 per thou- sand, or a saving of over two hundred thousand lives per year. Certain of our great cities, New York for instance, have actually, in some of their monthly rates, fallen below twelve and gone down well toward eleven per thousand. It is true that this downward trend of the death rate was under way before prohibition and therefore we cannot claim that.the improvement in public health, which has accompanied the years of drought, has been solely or even chiefly caused by the lessened use of alcohol. Yet it is also true that this downward trend of the death rate has been distinctly accelerated since the adoption of prohibition. So that as far as any lowering of the vigor and vitality of the nation from depreciation of our customary daily glass of wine and beer is concerned, we can bluntly and positively say that the three years have not yielded one shred of evidence in its support. For example, the disease which has shown the great- est falling off in its mortality, is tuberculosis—a disease, the chief and almost only weapon against which is abundance of good food, good housing and sleep in the open air. Saving the money which has been worse than wasted on alcohol and applying it to the four or five times as much health and nutritive value which it would 276 SELECTED ARTICLES purchase in the form of good food, better housing and clothing and sleeping porches, to say nothing of country and seaside vacations, and basket suppers in the parks, has already cut down the death rate from this dread malady nearly 20 per cent and saved the nation tens of thousands of lives. Almost unanimous reports from public school teachers, school and district nurses, welfare workers among the poor, intelligent police chiefs and heads of charitable organizations, show that never, in all their experience, has there been so striking an improvement in the feeding, the clothing, the general comfort and wel- fare of school children as within the last two years. Children are making better progress in their studies, not only because they are better clothed and fed, but because they come to school less tired and exhausted by the various kinds of wage-earning jobs and errands, which they are no longer obliged to undertake now that fathers turn over four-fifths of their wages to the mothers instead of drinking up half or even two-thirds of them in the saloons. One of the most surprising fiascoes of all the brood- ing prophecies of evils sure to be brought down upon us by prohibition was that concerned with the use of narcotics. We happen to be in an unusually favorable position to get at the facts of this problem because of the Har- rison law and other similar state laws, requiring rigid recording and reporting of all narcotic drugs prescribed or sold. The first six months went by without any change in either the number of drug addicts or the amount of narcotics consumed. This was explained on the sup- position that all habitual users of alcohol to excess had been warned so far in advance that they had been able to lay in private stocks. But a year passed with still no change and finally it —— PROHIBITION 277 dawned upon us that the cutting off of alcohol had not made the slightest increase in the number of so-called “dope fiends.” To take a few representative samples! In Milwaukee at the city Emergency Hospital, while the number of alcoholics treated fell from two hundred fifty-eight in 1917 to one hundred seventy-one in 1919, the cases of drug addictions had increased from seventeen to twenty- one, all old habitués. In the chief and best-known private sanitorium for the care of alcoholic and drug addicts in New England, that of Dr. Frederic Taylor, in Boston, the number of morphine users, etc., had remained the same and all of them had contracted the habit long before prohibition. The Department of Health of Los Angeles reports that of five hundred registered drug addicts on their lists only three claim to have acquired the habit since the prohibition law went into effect. The Health Commissioner of Denver reports that the use of drugs and narcotics has not increased since the amendment. The Judge of the Municipal Court of Portland, Ore- gon, after carefully studying the cases of narcotic in- dulgence brought before him, declares that prohibition has had no appreciable effect upon these cases. This gratifying state of affairs exists to this day as attested by scores of reports from every part of the country. The only exception is in the city of New York, where the known habitual victims of the drug habit have slightly increased in number. Recently, I attended a meeting of a national medical association, whose delegates represented something like forty thousand physicians scattered all over the United States. I took the opportunity to put the question, “What do you think about prohibition? Does it work, and if so, how?” to about thirty or forty of the leading men from various sections of the country. 278 SELECTED ARTICLES It has been my own estimate that the actual amount of liquor consumed by the whole community had been cut down 50 per cent to 65 per cent; to my surprise, however, the lowest estimate of reduction, was 80 per cent and some ran as high as 95 per cent. Here in this country we have something like seven- teen million souls fully 50 per cent if not 75 per cent of whom have been in the habit of using alcoholic beverages as regularly and as habitually as we use tea, coffee, or milk. The first reaction of these Italian, Slav, Hun- garian, Greek new-come citizens was naturally one of bewilderment and dismay. What would they do, how could they live without their good wine, their strength- ening beer, their consoling whisky? Many of them promptly dug up ancient recipes, or consulted the grandfathers and grandmothers of their little cluster and proceeded to manufacture their own supplies by home brewing and vinting, with fair success and satisfaction. But there was nevertheless a deep and disturbing sense of real grievance over what they felt was a wanton blow at their personal liberty and at the happiness of themselves and their families. But it was not long before a change came over the vision of Pietro and Alessandro and Eleutheros. Da wife say she lika da law, more mon for eggs and butter and fruit for da bambini, more shoes for da ragazzo, more pretty dresses for Maria Annunziata to wear to high school. Me I don’t like eet, but—I get less headache, maka more mon, buya da house and lot sooner, taka da wife and children to da movies instead sit around in da saloon. Today it would hardly be too much to say that there is no body of opinion of the same size more solidly and loyally behind the new law than that of our latest-come and newest-born citizens, whose eager devotion to the flag and to what they believe to be the ideals and the standards of America, put many of our Pilgrim or blue bloods to the blush, | PROHIBITION 270 One of the aspects of the problem into which very careful inquiry has been made both in person and by letter, is the effect of the new law upon strikes, lock- outs, picket riots and labor difficulties generally. Three facts seem to stand out fairly definitely and positively. First, that the men when deprived of their accustomed means of enjoyment and exhilaration were a little more ready to resent what they regarded as infringements upon their rights. Secondly, when they did strike, they were more likely to be upon sound and reasonable grounds, and so with a better chance of winning. The number of strikes and lockouts in this country since prohibition has not only been no greater, but dis- tinctly less, than in European countries which have no prohibition. And such strikes as have occurred have been most gratifyingly freer from rioting, bloodshed and loss of life than in pre-prohibition days. As to the influence of partial alcohol-free conditions upon crime, this has been in part obvious and just what might have been expected and in part rather eyebrow- raising. Naturally, there has been a marked falling off, first in plain drunks, second in drunk-and-disorderlies, and third in assault-and-batteries; of what might be called casual and even convivial misdemeanors. Offences which, though sometimes grave, are not committed with premeditation and malice aforethought come next. The percentage of reduction in these groups runs fairly even in the reports from all quarters and sources, about 50 to 60 per cent, and as these three great groups, drunk, drunk-and-disorderly and assault-and- battery make up something like four-fifths of all crimes, there has been a well marked thinning of jail popula- tions and lightening of the work of our police courts. Many jails have been not merely emptied, but closed for lack of “patronage” and in several states, it is being urged that all criminals for county and municipal 280 SELECTED A ho Git Ss courts be taken care of in state penitentiaries, and the local jails, prisons, and workhouses converted to other uses. A similar and parallel falling off has occurred on the medical side in the number of cases of acute alcoholism received at our great hospitals and of alcoholic insanity at our public asylums. But the most striking diminu- tion of all has occurred in the cases of delirium tremens, which has fallen off not 50 or 60 but 80 to 90 per cent and in some cases disappeared entirely. In Boston, for instance, there were twenty thousand fewer arrests in the first year following prohibition. In Milwaukee, the number of drunk and disorderly arrests have fallen from sixteen hundred twenty to seven hundred thirty-one since the law, and the total arrests from all causes from forty-eight hundred to nineteen hundred fifty. In a very thoughtful and able summary of the situa- tion, the municipal judge of Portland, Oregon, Judge Rossman, states that barely 3 to 5 per cent of the men brought before him for drunkenness are under thirty and the remainder had acquired their thirst long before the law. That ihe habitual drunks are coming in less fre- quently and that very few young men are becoming con- firmed drunkards. “In fact it is so rare for a young man to be arrested on a drunk charge that it always evokes attention.” That in spite of the crime wave in the reaction fol- lowing the war, prohibition has a materially lessening effect upon crime. In Portland, Maine, the total number of arrests for all causes has dropped from sixty-four hundred fifty- nine in 1917 to sixteen hundred twenty-four in 1920. In the great Philadelphia General Hospital, the cases of alcoholism have dropped from twenty-three hundred twenty-six in 1918 to eight hundred eight in 1920. In Cleveland, the deaths from acute alcoholism have fallen from seventy-seven in 1917 to eleven in 1920, PROHIBITION 281 But in the remaining 10 to 15 per cent of serious crimes, assault-with-intend-to-do-great-bodily-hurt, as- sault-with-intent-to-kill, buglary, hold-ups and homicide, there has been in many quarters, a distinct increase, ranging from 20 per cent for burglary, to 50 per cent for hold-ups and homicide. | In other words, crimes which require courage and vigor of a certain sort and a distinct amount of more or less intelligent planning in advance have shown little or no diminution, because the absence or shortage of liquor has kept this class of criminals’ eye and hand steadier and brain clearer to carry out their nefarious designs. Unfortunately, the cutting off of the criminals’ sup- ply of liquor seems to have produced no similar vivify- ing and strengthening effect upon the intelligence of the police. The net result, because of this regrettable situa- tion, has been rather disconcerting to the community at large. Odd straws which have floated in during the course of this study and which are not without significance, are statements from several large employers of labor that there is a falling off of accidents in their mills and fac- tories and a diminution in the amount of valuabie raw material wasted or spoiled. Also there has been an in- crease in bank deposits of from $1,300,561,000 to $1,736,- 322,000 from 1917 to 1920 in Milwaukee. There has been an astounding increase in the number of eating places in many communities, lunch counters, dairy lunches, food shops, soda-water fountains, and ice cream parlors. In one of the boroughs of New York city the number leaped from two thousand before the “dust- storm” to fourteen thousand one year later, showing that people are both amusing themselves and eating in- stead of drinking. No kind of poison that the human stomach can brew unaided and at short notice out of pure, wholesome food can rival alcohol in toxicity for 282 SELECTED MAR MGLES a moment. It takes weeks and a mash tub or still to do that. Incidentally in this connection alcohol did great harm not only positive but “negative” to the thirsty laborer, or perspiring citizen in the dog-days. When you perspire freely you sweat out through your skin gallons of water per day instead of the ordinary pints, and you must pour into yourself equivalent amounts of water or suffer ser- ious “drying” and general damage to your system. A “glass of cool beer’ prevents this balancing pre- cisely because by its narcotic effect it quenches thirst long before a proper amount of water has been taken. If you drank enough beer to really physiologically quench your thirst and made good your perspiration loss, you'd be dead drunk. Furthermore, these ice cream sodas and fruit sodas and egg-shakes and milk-shakes contain substantial amounts of real food, and are often accompanied by cakes, cookies, doughnuts or sandwiches. It is positively comical though profoundly cheering to watch the huge amounts of these “pink tea’ refreshments consumed nowadays by great husky coal-heavers and teamsters and ditch diggers, because they find they can work better on them. I saw one strapping expressman down two huge ice-cream sodas one right after the other, and the drug- gist told me he often took five or six in the course of a day. Finally we come to the last, and in ultimate analysis, most fundamental problem of the alcohol habit. Can we face the trials of life without alcohol’s consolations and illusions? In the words of Wallace Irwin’s famous Japanese schoolboy “Answer is Yes!” But as to just how, the answer, it must be admitted, is still open. To what agencies and influences can we look to dull the wire edge of the Weltschmerz, to benumb us to the grim clutch of circumstances, to rose-color the gray, PROHIBITION 283 monotonous drudgery of every-day toil, to give us a hope of better things to come, even if only a temporary gleam? It is urgent that some great public agency, church, Y.M.C.A., Y.M.H.A., the municipality, or the state should take over and intelligently study and administer the whole problem of recreation, of social pleasures, of music, the drama and the creative arts and crafts. Why not have a Commissioner of Happiness, as well as of Health, in the Department of Public Welfare? There is no need for any elaborate apparatus or equipment. The one keenest, most constant, never- failing, undying interest people have is just their interest in one another. The favorite study of mankind is man. BIG GAIN IN ORDER AND HEALTH IN BID Y GlEres? What has been the effect of the Eighteenth Amend- ment upon the good order and the health of the com- munity? This question is more discussed today than any other, not only in this country but in half of the civilized world. England, Australia, New Zealand, the South American countries, Sweden and even Turkey are watching our experiment. Hence, it is profoundly im- portant that the true situation in this country shall be made known. For months a most active propaganda has been at work to point out the failures of the Eighteenth Amend- ment and to ignore its successes. The law is attacked from many angles. We are told that under it crime has flourished much more than in the pre-prohibition days; that drunkenness is more common than before; that juvenile delinquency has increased; that alcoholic deaths have multiplied; that because the law is poorly enforced bootlegging has increased to such an extent that many 1By William N. Gemmill, Judge of the Municipal Court of Chicago. New York Times. June 3, 1923. 284 SELECTED (ARTICEES are now drinking who never drank before; that the dis- regard for prohibitory laws has led to a general con- tempt for all laws. Therefore it is urged that we ought to restore respect for law by bringing back the much abused saloon. It is also urged that men and women, boys and girls have become more lawless and immoral than ever before, due in large part to efforts put forth to enforce prohibitory laws. Influenced by this propaganda, honest inquirers are in doubt as to what our future attitude ought to be. OFFICIAL RECORDS INVOKED Recently I wrote to the mayors of sixty of the lead- ing cities of the country asking for accurate records of the total number of arrests in those cities for homicide, robbery, burglary and drunkenness; also for the total arrests for all offenses, and the total deaths from all causes for the years 1917 to 1922. Replies have now been received from fifty of these cities. The accom- panying table is an abstract of the information contained in these replies. In making the table I have ernie the figures giving the. total number of arrests for each year. I have like- wise omitted the figures given for drunkenness for the years 1918 and 1919 and have given the figures only for 1917, 1920, 1921 and 1922.. The reason for this latter omission is that 1917 was a normal pre-prohibition year and 1920, 1921 and 1922 are the only whole years since the prohibition law became effective. Instead of giving the details as to crimes for each year, I have combined homicides, robberies and burglaries and given the figures only for the years 1917 and 1922. I have given the total deaths from all causes for the years 1917 and 1922. The total population of the cities enumerated in this table is about twenty-five million; or a little less than one-fourth of the total inhabitants of the country. Only twenty-four of the cities reported on the number of PROHIBITION 285 deaths for each year. In comparing crime and health conditions in the different cities, allowance must always be made for the different methods of collecting statis- tics. In Chicago homicides are in a separate classifica- tion from murder and manslaughter, while in New York all are classed as homicides. Drunkenness in Chicago is erroneously classed as “disorderly conduct,” while in Boston and Philadelphia it is given its proper name. In Chicago, therefore, only an approximation can be made of the actual number of persons arrested for drunken- ness. Again, comparisons are made of the number of ar- rests in the different cities rather than of the actual num- ber of crimes committed. This is done because no ac- curate records are kept in the several cities of the actual number of offenses committed. A record is kept only when an arrest is made. Consequently, the record of arrests in a city is the best available evidence of the status of crime in that city. The purpose of this table is not to show the degree of law enforcement in each of the several cities, but to show the status of crime and disorder in each of these cities now, as compared with pre-prohibition days. WHAT rHE FicurES SHOW As to the more serious crimes of homicide, burglary and robbery, the figures show that in thirty-five of these cities there was a remarkable decrease between the years 1917 and 1922. Fifteen cities only show an increase. Taking them all together there was a decrease of over 10 per cent in the number of arrests for serious crimes in 1922 over the year 1917. This decrease began in 1920 and has continued steadily ever since. In the matter of drunkenness, the record is far more instructive. In 1917 the total number of arrests in these cities for drunkenness was 302,074. In 1920 it was 110,149; in 1921, 146,279, and 1922, 184,099. In other 286 SELECTED)' ARTICLES words, there were 191,925 fewer arrests for drunken- ness in these cities in 1920 than 1917; 155,794 less in 1921, and 117,975 less in 1922. The percentages of re- duction are 63 per cent less in 1920, 50 per cent less in 1921, 37 per cent less in 1922. If we multiply the population of these cities by four we approximate the total population of the country and, assuming that these cities represent fairly the total population of the country, we have seven hundred thousand less arrests for drunk- enness in 1920 and five hundred thousand less in 1922. It will be noticed that in a few cities the number of arrests for drunkenness in 1922 was greater than in 1917. Des Moines, Iowa, is an example. After receiving the letter from that city I wrote for an explanation and re- ceived in reply from the Chief of Police the following: One reason for the increased number of arrests for drunk- enness is that a much larger percentage of persons intoxicated are arrested now than ever before. I issued an order early in the year to the effect that all persons showing the slightest sign of intoxication should be brought to the station. In many instances now it almost takes an expert to determine whether the prisoner is intoxicated or not. Before such order only those were brought in who were helpless, and many of these were taken to their homes by friendly policemen. FEWER ARRESTS HERE In New York the total number of arrests for 1917 was 187,613, while it was 303,451 in 1922 and 272,751 in 1921. I wrote for an explanation and received in reply the following from the Police Commissioners: “The increase in the number of arrests is due entirely to the increase in traffic violations and not to an increase in major crimes.” The total number of arrests for traffic violations alone in New York for 1922 was 111,796. Add to this 11,810 arrests for violating the prohibitory laws during the same year and you have 123,606 arrests in 1922 for offenses but little known and recognized in 1917. So, in Chicago, the total arrests in 1922 were 185,363, while in 1917 PROHIBITION 287 they were 129,270, and in 1921 147,861. Of these arrests 58,854 in 1922 were for automobile violations and 3,602 were for violating the prohibitory laws. Not- withstanding this increase in arrests in Chicago in 1922, the year has witnessed a decrease of over 25 per cent in all major crimes. The greater number of arrests in a city is not, there- fore, always an indication of a more lawless community. More than half of the arrests in Chicago and other large cities today are for the violation of new laws that did not exist twenty years ago, such as laws of sanitation, ten-hour laws for women, child-labor laws, white slave laws, anti-trust laws, laws to regulate the use of the automobile, pure food laws and many others. If you eliminate the arrests for violations of these laws, then the total number of arrests in 1922 in any large city will not be one-half what it was twenty or twenty-five years ago. PROHIBITION’S EFFECT ON THE YOUNG There are, of course, some who drink liquor now who never drank before. What a strange argument! Did it ever occur to these eager souls looking for an excuse that hundreds of thousands of young men and women reach the drinking age each year now as well as before the enactment of the Eighteenth Amendment? Because some of them still fall victims, is that any reason why all of them should be exposed to the wiles of this most insidious business? Again it is urged that the boys and girls of today are more immoral, and this is due to a general breaking down of our laws through the enactment of prohibitory statutes. Since when did the saloon become an aid to moral reform? Or an inspiration to the young? As usual, the basis of the argument is wrong. An index of what is going on is found in our Juvenile Court in Chicago, the largest court of its kind in the world. Year 288 SELURLCTEDGARIIGUES by year the cases of delinquency have decreased from twenty-seven hundred eighty-six in 1916 to nineteen hun- dred seventeen in 1922; and the dependency cases in that time from twenty-three hundred ten to thirteen hun- dred ninety-six. Dependent children come largely from drunken homes. We have in Cook County an infirmary where the home- less poor are kept. In 1920 the superintendent requested the courts to commit certain minor offenders to the in- firmary on the ground that prohibition had so reduced his force that he had an insufficient number of inmates to do the necessary work. This we did, and three hun- dred seventy-five persons were committed as prisoners in 1922. In spite of these recruits the total number of inmates in that year was seventy-one hundred eighty- nine, while in 1917 it was nine thousand twenty-three, or eighteen hundred thirty-four more. It is the duty of the Coroner of Cook County to hold an inquest upon the bodies of all persons found to have died under supicious circumstances. The record of in- quests fell off nearly one thousand between 1917 and 1922, largely because men do not get drunk, lie out and die from cold and exposure now as frequently as before. What is true in Chicago is also true in New York. The number of suspicious deaths there decreased from 12,806 in 1918 to 10,721 in 1920. Perhaps nowhere is the change that has come over the country been as manifest as in the lowering of the death rate everywhere. Notwithstanding the vast in- crease in the population, the number of deaths has de- creased in nearly every community. No one will claim that this is all due to the enactment of prohibition, but no one can examine the record without feeling that more sober living has had much to do with it. In the table on pages 290-1 the years 1917 and 1922 are taken for comparison. In 1918, the last whole year before prohibition, the deaths were much greater every- PROHIBITION 289 where because of the influenza. New York, notwith- standing an increase of five hundred thousand in its population between these two years, actually had about nine thousand fewer deaths in 1922 than in 1917. Chi- cago, about seven thousand fewer, although its population is four hundred thousand greater. Philadelphia forty-five hundred fewer. The death rate in the United States has de- creased in the last six years from about fifteen for every one thousand population to a little over eleven for every one thousand. And we are just informed by the United States government agents that the total consumption of intoxicating liquor during the last year is only about one-fifth what it was in 1917. There are many who have become discouraged. They feel that instead of the way of the transgressor being made hard it is day by day becoming easier and more attractive. They say that by the frequent breaking of the laws against the manufacture and sale of liquor a contempt has arisen for all laws, which seriously threatens the conimunity. Last year one-third of all arrests in the United States were due to violations of traffic regulations. Is there any one who would repeal these laws and allow the speeders to revel in a paradise of their own? The year 1920 was the banner year in the enforce- ment of the provisions of the Eighteenth Amendment. There was a decreased effort in 1921 and a still further letting down in 1922. This is due in large part to the encouragement received by the enemies of the measure through their organized propaganda. What is needed is a nation-wide movement to secure better enforcement. The President of the United States seems to be genuinely in sympathy with the law and no doubt desires a much stricter enforcement. But a great many of his appoint- ments of Federal prohibition agents have been political lame ducks not at all in sympathy with the law. 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The Eighteenth Amendment will no more be repealed than the Ten Commandments. When we all recognize this fact, then this amendment will stand before the country as an accomplished thing. FOUR. YEARSVOPSPROHTBITDION SENG ime [Ct RS RI Ln AY WE Bestar Prohibition has justified itself in less than four years of its life. The law has been only partially enforced in our large cities. We have demonstrated, however, two things; First, that prohibition enforced is a_ success, Second: that prohibition partially enforced is better than the licensed or legalized liquor traffic. PROHIBITION AND DRUNKENNESS Arrests for drunkenness throughout the United States have been cut in half since prohibition. If the new law had done nothing more than to check the increase in the ratio of drunkenness arrests through the country it would have been of almost incalculable benefit to the nation. It has cut the totals of these arrests from 25 to 75 per cent in the representative cities, or an average of about 50 per cent. This is more significant since in the wet years only those drunken persons who were public nui- sances were arrested. Today, practically every person seen by the police is arrested. The current figures on drunk- enness arrests, therefore, represent the amount of public drunkenness, whereas, former figures showed only a 1By Wayne B. Wheeler, General Counsel, Anti-Saloon League of America. Issued February 14, 1924. : PROHIBITION 293 small part of the number of drunken persons seen on thiemstreets: Judge William M. Gemmill, of the Chicago Munici- pal Court, a national authority on crime and arrests, said on June 3rd, 1923, that from data he has gathered he estimates that the number of arrests for drunken- ness in 1922 was five hundred thousand fewer than the last wet year, 1917, during which time the population of the country increased 6.9 per cent. Prohibition has reduced the number of drinkers from approximately twenty million to two and a half million and the con- sumption of beverage liquors 70 per cent, according to the survey made by the opponents of prohibition them- selves. PROHIBITION AND CRIME A steady decrease in our criminal rate since the com- ing of prohibition is shown by the police statistics from nearly all our cities. In spite of the many thousands of automobile law violations occurring daily, the total num- ber of arrests on all charges gives a lower ratio per unit of the population since prohibition than during the wet period which preceded it. The decrease in major crimes in the larger cities from the number in 1917 is large. Propagandists for the liquor forces quote figures showing the total number of arrests has increased in many cities. They conceal the fact that the ratio of arrests per hundred thousand of population has decreased in all except a few centers and that practically all this increase, where it does exist, is due to the number of violations of rules affecting automobiles, white slave laws, anti-trust laws, pure food laws and a host of others where crime of moral turpitude is rarely involved. In New York city, the arrests in 1922 for violation of automobile rules were 303,451, whereas, in 1917 they were 187,613. If arrests of this character were eliminated from the total the arrests in 1922 in most of our large 204 SELECTED ARTICLES cities would be more than 50 per cent below the average in wet years in spite of the increase in population. PRISON POPULATION With a long list of new offenses punishable with imprisonment, America’s prison population has decreased since the coming of prohibition. In many states, county jails are entirely empty. Other jails have been closed and several counties cooperate in maintaining one insti- tution where separate jails were needed in the days of the saloon. The press frequently carries news-items tell- ing of the embarrassment met in some jails or prisons where the number of inmates is too small to do the ordinary tasks of the institution. The Census Bureau recently published a survey of prisons in the country, including also the jails, police station lock-ups and the chain gangs where prisoners work out their sentences on the public roads or in quaries and camps. This survey contained reports from eight hundred sixteen more institutions in 1922 than a similar survey reached in 1917 but in spite of the fact that the earlier survey was so defective, the increase in all in- stitutions shown was only 5.4. The general ratio of prisoners reported in 1922 was 137.4 while eight hun- dred sixteen fewer institutions furnishing figures in 1917 gave a ratio of one hundred forty-three per one hundred thousand population. The average number of prisoners in the penal insti- tutions of the country was 27.6 in 1917 and only 25.7 in 1922. The decrease in county institutions was 16.2 in 1917 to 14.7 in 1922; in city institutions from 10.1 to 8. That prohibition has been responsible for the decrease in prison population may be inferred from the fact that the states showing decreases, six had adopted state pro- hibition after 1917 and ten others were among the first fifteen states to adopt the prohibition amendment. —————e PROHIBITION 295 All the city prisons reporting in 1917 reported also in 1922. The later report shows twenty-nine hundred fifty-three fewer prisoners in these institutions in the latter year than in the same institutions at the previous census, a decrease of 11.2 prisoners per one hundred thousand population in the these cities. In 1922, thirteen hundred ninety of the twenty-nine hundred thirty-nine city prisons in the country had no prisoners at all. The total number of penal institutions of all classes without inmates in 1922 was nineteen hundred sixty. There is one statement in the report of the law en- forcement committee of the American Bar Association which is quoted more at home and abroad than any other in the report. It says: “The general population of the country in the year 1910 until the year 1922 has increased 14.9 per cent. The criminal population has increased 16.6 per cent.” This is an unfortunate state- ment as it is not correct: The population increased from 1910 to 1920, 14.9 per cent. The estimated increase of population, as deter- mined by the Census Bureau, from 1910 to 1922 is 18.7 instead of 14.9, as stated by the committee. This shows that crime has not increased as fast as population. In New York state, the inmates of the penal insti- tutions decreased 7.8 per cent during the fiscal year end- ing June 30, 1923, according to the report of the State Commissioner of Prisons. The male prison population decreased 8.7 per cent. In state prisons, the decrease was 6.4 per cent; in the State Reformatory at Elmira, 25.6 per cent and in the institutions administered by the New York City Department of Corrections, 14 per cent. The number of commitments fell from fourteen hundred fifty in 1922 to eight hundred ninety-one in 1923. Half of 1923’s commitments came from Manhattan. Aliens committed during the year numbered one hundred ninety- six or 22 per cent. In Rhode Island, the state workhouse, which has re- ceived 31,385 prisoners in the fifty-two years of its 296 SELECTEDSARGIGCEES existence, closed its doors, committals having decreased 72.5 per cent since prohibition. The average population of the institution was 211.4 in the last ten wet years. It was 58.2 in the average dry year. DRINK AND CHARITY Drink cases coming to charity organizations have been reduced 74 per cent through prohibition, comparing 1922 with 1917. The population of the almshouses tells the same story throughout the United States. In Chicago, the Cook County Infirmary found prohibition so reduced the number of homeless poor cared for at the institution that the superintendent requested the courts to commit minor offenders to the almshouse because there were not enough inmates to do the simple tasks of the place. The courts sentenced three hundred seventy-five prisoners to the Infirmary in 1922 to relieve this situation. In spite of this, the population of this poorhouse was eigh- teen hundred thirty-four less in 1922 than in 1917. The number of neglected and dependent children has correspondingly decreased since prohibition. The largest court of its kind in the United States is the Juvenile Court in Chicago. This court cared for twenty-seven hun- dred eighty-six cases of juvenile delinquency in 1916 and only nineteen hundred seventeen in 1922. The dependency cases before the court were twenty-three hundred ten in 1916 and thirteen hundred ninety- six in 1922. With the disappearance of the destitute vic- tims of the saloons the slums where they herded in mis- ery are vanishing. Throughout our cities, saloons had held the corner sites in the poorer neighborhood. As these bars closed their doors, better business moved in, a new type of population developed, houses were repaired and rebuilt, and both the values of the realty and the character of the neighborhood advanced. The poor may be always with us, but poverty is today comparative and no longer is it drink-sodden as in the saloon era. PROHIBITION 297 How PROHIBITION AFFECTS THE HOME The home has profited more than any other institu- tion in American society by the passing of the saloon. Since the adoption of prohibition we have more than trebled our home building. The largest amount spent for residential buildings in five years preceding national prohibition was a monthly average of $40,275,000. In March and April of this year, the costs of new homes for which contracts were let were $164,267,000 and 163,476,000 respectively, according to the estimates published by the Bureau of Foreign and Domestic Com- merce from trade reports. The stimulation of home life and the elimination of the drain upon the family purse through the advent of prohibition have aided in causing the greatest building boom in our history. The number of new homes whose construction is being begun monthly is now eighty-six hundred forty-seven as compared to thirty-nine hundred ninety-nine in 1919. The influence of the home life touches each phase of our social welfare. Not only trade, but our amusements, such as the moving pictures which may be enjoyed by families, have replaced the drinking in the saloon. School life reflects home influence in both ends of the scale. The attendance at kindergartens, where the children begin their careers, shows changed conditions in the family, increased ambition and greater means to clothe the youngsters fittingly. At the other end of ‘school life, where formerly the child was removed from school as early—or earlier—as the law permitted to earn money because the father could not support his family and two or three bartenders as well, we find prohibition is work- ing great changes. Few of our schools can care for the numbers now thronging the higher grades. The other side of the shield has been burnished, as well. The pass- ing of the saloon has seen an enormous decrease in the number of cases of non-support, of abandonment of families, and of neglect of children. 2098 SELECTED ARTICLES SAVINGS BANKS The addition of $50,000,000 to $60,000,000 each month to our savings banks accounts, strikingly evi- denced the constructive instead of destructive use of our money since prohibition. It closed the sewer through which we had been pouring our national wealth, health and happiness. We added $634,900,000 to our savings accounts in the twelve months ending in August of this year in eleven out of twelve of our Federal Reserve dis- tricts. These figures only include those banks reporting their savings accounts through the Federal Reserve Board. They are partial only but are representative and constitute one of the most important business indicators. Only fifty such banks are reported in the New York Reserve district. Conditions obtaining in the reporting banks are similar to those in other institutions, so that the totals given by the reporting banks may need to be multiplied to arrive at the enormous total of over $1,000,000,000 added this year to savings deposits throughout the entire country. Besides the deposits in the banking institutions, the United States Postal Sav- ings contained $132,863,000 in November. The Ameri- can Bankers Association estimated our savings deposits on June 30, 1923, as $18,373,062,000. Our total savings deposits are reported as only $3,000,000,000 less than the national debt at the close of 1923. LIFE INSURANCE REFLECTS PROSPERITY Over $600,000,000 worth of new life insurance busi- ness is being written each month in the United States by forty companies. If the business done by other com- panies not included in the monthly tabulations of the Association of Life Insurance Presidents, were added to this figure, the probable grand total would be nearly $900,000,000 new business. The forty companies reported each month by this association do about 75 per cent of the life insurance business of the country. The present PROHIBITION 209 volume of life insurance business is more than double that done monthly in the last wet year, 1917. Especially noteworthy have been the increases in the amount of in- dustrial insurance now being written. This is the type usually carried by the wage-earner. The volume of new business done by the industrial life insurance companies monthly is now nearly three times the amount written in the last wet year, 1917. President Duffield of the Prudential Life Insurance Company estimated that one hundred twenty-three companies wrote over $11,700,- 000,000 in new policies in 1923. The assets of the life insurance, both ordinary and industrial, have advanced proportionately. In 1917, be- fore prohibition, the total assets of the ordinary life in- surance companies of America, were $5,456,170,982; in 1921 they were $7,017,829,612. Industrial insurance companies have assests of $5,193,830,295 in 1917, and $7,833,272,301 in 1921. The enormous increase in new business during the last eighteen months, not yet re- ported in the Insurance Year Book from which these figures are taken, will materially add to these assets. DrEaTH Rates REFLECTED BY INSURANCE REPORTS.. The insurance companies mirrored the decrease in national death rates which came with prohibition. The ratio of actual to the expected mortality of policy holders listed by the Insurance Year Book gives these ratios as follows: 1919, ordinary insurance 64.88; industrial in- surance 77.30; 1920, ordinary, 63.16, industrial 68.19, 1921, ordinary, 51.52; industrial 57.46. The actual mor- tality costs in the companies listed was $118,963,224 less than expected in 1919; $134,240,040 less in 1920, and $210,584,420 less in 1921, and $214,971,817 in 1922 a total “savings” in mortality of $678,769,501. These mortality savings are one of the three sources from which dividends accrue to life insurance policy holders. The decrease under prohibition, due to the lowered death rate, has been record-making. 300 SELECTED ARTICLES In the five years preceding prohibition the death rate based on the mean insurance held in fifty companies, ac- cording to the Insurance Year Book, never was less than 1.06. That was in 1917, a year of restriction upon the liquor traffic. In 1915 and 1916, it was 1.16. It has been much higher. 1919 saw this percentage drop to 1.05 with limitations upon the manufacture and sale of liquor and the coming of war-time prohibition. In 1920, the rate fell to .92, in 1921 it was .79, while 1922 shows a rate OL Slt We do not have to die to win when we insure our lives today. During the first three years of prohibition, a num- ber of our greatest insurance companies paid more cash in dividends to policy holders than they paid in death losses. This marks a new era in life insurance history. A single company in 1923 paid over $46,000,000 in divi- dends to policy holders or $11,000,000 more than it paid in death claims. CHAIN STorES GET BEER NICKLES Nickels are no longer spent in licensed saloons for mugs of beer. Instead they travel in increasing num- bers to the chain stores of the country. The total sales in five of the ten cent chain stores increased from a monthly average of $12,806,000 in 1917, to $23,356,000 per month in 1922. In the first ten months of 1923 these chain stores showed increases ranging from 14 to 27 per cent over 1922 totals. Department store sales showed the largest percent- ages of increases in those centers which had formerly been wet. Boston showed an increase of 18 per cent for 1922 over 1919; New York 17 per cent, Philadelphia 1 per cent and San Francisco 22 per cent. SAVINGS IN LIVES The reduction of the national death rate, which came with prohibition, has been equivalent to the saving of —— oa PROHIBITION 301 873,975 lives in the first four years. In the nine years preceding the ban upon the saloons, the mortality rate only once fell as low as 13.3 varying from 13.5 to 14.1 per hundred thousand population. In 1919, war-time prohibition went into force, preceded by over a year of restrictions upon the manufacture and sale of intoxicants. In that year the rate fell to 12.8. The first completely dry year, 1920, had a rate of 13 per hundred thousand. All records were broken in 1921 when the rate fell to the extremely low figure of 11.6 per hundred thousand. In 1922 it was 11.8. The figures for 1923, of course, have not yet been compiled by the Census Bureau but estimates based on reports from sixty-five cities report- ing each week during 1922 and 1923, indicate that the registration area death rate will probably be about 12.2 for 1923. The eight hundred and seventy-three thousand lives saved by the lowered rate of the first three years of prohibition, wouid have a valuation of $1,750,000,000 if a human life is worth $2,000, a lower figure than is re- coverable at law in many states. The published figures of the Metropolitan Life In- surance Company, giving the death rate among over fourteen million of its policy holders, shows that for the second half of 1922 the health record was the best ever shown in the company’s history, while the rate for the third quarter is the minimum for any three-month period among these industrial insurance policy holders, showing a rate of 7.6 per thousand insured. GENERAL PROSPERITY The general prosperity of the United States shows some of the channels into which we are diverting today the billions of dollars that formerly flowed over the bar of the saloon. We are producing and buying over two hundred and fifty thousand passenger automobiles a month. The automobile industries have compiled sta- 302 SELECTED ARTICLES tistics showing that 15,281,295 motor vehicles are in use in the nation. That prohibition was a factor in making possible this production and consumption is set forth by E. M. Miller, statistician of the National Bank of Com- merce, New York city, in the October issue of Commerce Monthly where he says: Of sufficient importance to deserve more attention than it has heretofore received is the question as to the part prohibition has played in releasing purchasing power for automobiles and their upkeep. Whether the many estimates of what the annual drink bill was prior to prohibition were or were not accurate, the figures of the United States Census of Manufactures of 1914, the last before national prohibition legislation becamie effective, are not open to argument, and they show that the factory value of alcoholic, malt and vinous liquors produced in the United States in that year was $666,000,000. The drink bill for the last wet year is generally estimated at $2,500,000,000. The actual cost to the consumer was, of course, greatly in excess of this. The mere application of the money formerly spent on drink to the purchase and upkeep of automobiles would ac- count for a large share of the annual national expenditure on them. In general, the production of articles of luxury have either maintained or increased their total in production during 1923. The nation’s general prosperity is afforded the market at home for these products. During the past year the American who produced the luxuries and other ‘material formerly exported consumed most of them him- self. We are driving our own cars; wearing our own silks, owning our own homes; keeping our mills and factories busy at top speed to supply products for our use. In fact, we are doing everything, except buying and drinking our own drinks. It is because we have cut off the drink bill, which included not alone the price of intoxicants but the care of the criminal, diseased, insane, destitute and despoiled by-products of the saloon that we can have the other things instead. The United States of America will hold fast, strengthen her lines, and lend a helping hand to all nations to secure for themselves these same blessings, which our country now enjoys. a EEE ee a - PROHIBITION 303 EXPERIENCE OF MASSACHUSETTS, GEORGIA AND HAWAII* Let us examine the results in certain communities that were foolish enough to make the test of permitting the sale of beer on the theory that it would tend to pro- mote temperance and sobriety. The test has been made in the states of Georgia and Massachusetts and, more recently, in the territory of Hawaii. In Massachusetts, the so-called prohibition law of 1869 (effective in 18/0) permitted the sale of malt liquors containing about 3 per cent of alcohol. After a short test, the law was repealed. The results of the “prohibition” law which permitted the manufacture and sale of beer were stated as follows by Judge Rockwell of the Berkshire District Court: Under the laws of 1870, the sale of malt liquor was au- thorized for several months in the town by vote of the inhabi- tants. Efforts to enforce prohibitory law, or what there was left of it, during that period were almost nugatory. In no way, as it seems to me, can a greater blow be given to the prohibi- tory law, or its purpose be more surely defeated, than by legaliz- ing the sale of malt liquors. The governor of the state in his inaugural address said: If we are to accept the evidence of those who have had the most painful experience of the miseries produced by these places (beer-shops), they are among the greatest obstacles to the social and moral progress of the community. Georgia experimented with a so-called “near” beer law which permitted the manufacture and sale of near or 2 per cent beer. This law was passed in 1908. The results are stated as follows: This gave opportunity for the wholesale and retail sale of whisky, and the prohibitory law was almost a dead letter. The sale of near beer was a pretext; real beer was sold, and the beer joints smuggled whisky to any purchasers. 1 By George S. Hobart. Annals of the American Academy. 109: 97-8. September, 1923. 304 SELECTED ARTIGLES After a test of seven years, a special session of the legislature enacted a drastic prohibition law in 1915 which repealed the near beer law and, among other things, pro- hibited the sale of all malted, fermented and brewed liquors of any kind or description, including near beer. This law is still in effect. Governor Farrington, of the Territory of Hawaii, in a message to the American Legion convention a short time ago said: Hawaii has had an experience with this same light wine and beer movement. ... We were told that light wineand beer were non-injurious beverages and if the people were allowed to get this light liquor they would avoid the poisonous stuff sold in the country and also the illicit sale of hard liquor would be reduced. The desired legislation was passed. ... These dispensaries of so-called non-injurious liquors did not fulfill one single promise of those who were responsible for the trial... . Drunkenness increased and the light wine and beer panacea, instead of being the solution of the problem and the promoter of real temperance, very rapidly became a universally recognized nuisance. It carried with it all the difficulties of high license and enjoyed the unsavory reputation of being the center of vice and often times community disorder. Having observed the experience of Hawaii in this matter, it seems to me this should prove a splendid example and pre- vent . . . falling into line with the so-called panacea which has ... proved that as a cure it is worse than the disease. BERECT OR “PROHIBITIONZON PAMIION WELFARE* Our figures, showing an 85 per cent reduction be- tween 1917 (wet) and 1921 (dry), in cases in which drink figured, coming to sixteen organized charity as- sociations for relief, show that the country was full of men who drank because liquor was accessible, sociable and cheap. Now that it is harder to get, less sociable and much dearer, thousands, as they express it, are 1 By the American Association for Organizing Family Social Work, New atic and the Boston Family Welfare Society. PROHIBITION 305 giving it the “go-by.’” This means much more money going into homes,—in short, great economic good. If such results come from partial enforcement what may we not expect from increased enforcement? Hee _ co me Ces 8s ve Teh Re S) oO SMa Gano | By ST pas) (eae 5 |) tetra ta Sie ous Provident IQI7 3563 412 11.6 LNSSOCIALION Uae iiasiia mie. 1921 3283 23 0.7 04 Chicago United IQI7 7507 625 8.3 (PHA EELLOS hates kiaice 7s! a? ots 1921 5547 61 TE 86.7 Boston Family 1917 3589 984 Py: Welfare Society ...... 1921 3057 a3 2.4 ORS Pawtucket, R. I. Associated IQI7 508 17 Bia Gira nitiesiicsce swiss 10a | 975 O 0.0 100 Painville, N. J. Charity IQI7 416 72 173 Oise mizations mers wo a. 1921 525 16 3.0 83.3 Atlantic City Welfare IQI7 961 67 Q.1 PSUIECAU eerie eich da'ste 1921 974 12 LDP 82.1 Newport, R. I. IQI7 484 48 9.9 Deed Otay Cie a ee op ae 1921 A723 12 Be 68.8 Portland, Me. Associated IQI7 yl) 43 15.5 GhATITICSH he oe 1921 387 3 0.8 05.3 Newburgh, N. Y. Associated IQI7 343 220 64.1 CEhavities, Biers clei: 1921 432 Ps 0.5 99.1 Cleveland, O. Associated IQI7 4571 782 17 atiTieS eek alae ory mes 1921 9359 245 2.6 84.8 306 SELECTED ARTICLES bv elele a ay ~ ~ ae Chie Oana iy Cert = i co) co) o iss) Gy € wn rw Hw O bet pe oe pae La Crosse, Wis. Social Service IQI7 180 46 25.6 SOCIO C VM MUMMERS eat, 5 ous IQ2I 203 2.0 01.3 Portland, Ore. Public Welfare IQI7 1280 5 0.4 Bunea iq weenie. ssc '° st ue 1Q2I 2577 15 0.6 40. (inc.) IN Ya aga Ly: Organization 1917 4204 972 23 SOCIELVANine ty. si itlae aes 1921 2340 196 8.4 64.1 Hartford, Conn. Charity IQI7 518 143 27.6 Organization eres: 1921 535 9 ey) 03.7 Washington, D. C. Associated 1917 2410 434 18.0 Chantties iaaterar aw ainan 1921 1497 67 4.5 yA Rochester, N. Y. Social Welfare IQI7 689 140 20.3 Deaciey ua vara wide LN 1921 892 34 3.8 81.4 y Brovidence, Ra. Society for Organiz- 1917 1636 106 6.5 Ing APhaArinviee ni wueeee 192] 1450 4 0.3 95 THE WET DRIVE AND THE AMERICAN PEDERAITION SF OPVEABORS The drive to induce the American Federation of Labor to join the chorus for the repeal of the Eighteenth Amendment will provide one of the real thrillers in the political field from now until the next presidential elec- tion. President Gompers is persistent in his opposition to prohibition. But though for the past thirty-six years 1 By Richard T. Jones. New Republic, 35: 41-2. June 6, 1923. PROHIBITION 307 (with the single exception of the year 1894) the delegates to the federation’s conventions have regularly lined up for Mr. Gompers as president, in vital political and eco- nomic issues they have frequently declined to follow his leadership. The grizzled veteran of the American organized labor movement has, for instance, always opposed gov- ernment ownership of railroads. But the 1920 conven- tion, in spite of his strong speech in opposition, voted overwhelmingly for government ownership. Though he has persistently fought the formation by labor of a political party, the Chicago Federation voted ten to one in favor of an independent labor party and the Penn- sylvania Federation of Labor later voted three hundred to one in favor of independent political action. Because of the success of the Farmer-Labor Party in the middle west last fall, political action will be an outsanding issue in the convention to be held in Portland, Oregon, in October of this year. Doubtless Mr. Gompers will be re- elected, but additional evidence is available to indicate that the convention delegates and the labor ranks in general are getting out of hand and refusing to adhere to the political policies which are advocated by the old- line leaders. Meanwhile, though the 1923 convention is some months away, rumblings of dissatisfaction with Mr. Gompers’s repeated attacks on prohibition are heard on the hustings, and any attempt by the wet element to urge the federation to go on record against the Eigh- teenth Amendment is certain to be stoutly opposed. Recently the Central Labor Council of Everett, Wash- ington, declared that President Gompers does not ex- press the sentiment of organized labor on the question. Labor leaders in many industrial centers are outspoken in their opinions that prohibition has helped the labor movement and that the ousting of the saloons has been an important factor in allowing it to develop along legitimate lines. 308 SELECTEDWAR TICLES Many national labor officials, notably the heads of the railroad brotherhoods, are also plainly out of sym- pathy with President Gompers’s stand on prohibition. While not all the railroad organizations are affiliated with the American Federation of Labor, recent public expressions of such leaders as Warren S. Stone, Grand Chief of the Brotherhood of Locomotive Engineers, D. B. Robertson, Chief of the Brotherhood of Loco- motive Firemen, and others, are fairly representative of the opinions of many who have no desire to interfere with present prohibition legislation. Mr. Stone says: The international convention of the Brotherhood of Locomo- tive Engineers, assembled in Cleveland in 1918, declared by unanimous vote in favor of world-wide prohibition. The vote was cast by 828 delegates representing 90,000 Locomotive Engi- neers in the United States and Canada. In addition to this... Section 52 of the constitution and by-laws of the B. of L. E, declares that “The use of intoxicating liquor as a beverage by Sr of the Brotherhood of Locomotive Engineers is pro- ibited.” I do not know by what authority Mr. Gompers speaks for the American Federation of Labor, but there is no doubt as to the authority I have for making my declaration on the subject of prohibition. Mr. Robertson states: I would be bitterly opposed to any modification or repeal of the Volstead Act. Section 4, Article 17, of the constitution of the Brotherhood of Locomotive Firemen and Enginemen states: “A member who uses intoxicating liquors to excess or who shall be found guilty of drunkenness shall, upon conviction, be penal- ized. W. G. Lee, President of the Brotherhood of Loco- motive Trainmen, is no less emphatic in his views: I can very emphatically say that so long as this Act is on the statute books of the country the Brotherhood of Railroad Trainmen is in favor of its enforcement, as it is in favor of the enforcement of all the laws of the country. L. E. Sheppard, President of the Order of Railroad Conductors, says: _ The Order of Railroad Conductors has long had an article in its constitution which provides that any person engaging in ee ee ie PROHIBITION 309 the liquor traffic shall be expelled from the order. I know Mr. Gompers very well and have talked with him and know his views on this subject, and I do not agree with him that organized ect is in favor of any modification or repeal of the Volstead These expressions enable one to form an idea of some of the prohibition sentiment in labor union circles. In the old days, “Don’t vote your fellow workingman out of a job,” and “Prohibition robs the worker of his personal liberty,’ made an effective appeal. But since the adoption of the Eighteenth Amendment the average trade unionist is no longer impressed. The drive to line up organized labor in an anti- prohibition crusade will meet with little success if the “unemployment” argument is used again, for there is very little unemployment in America—a condition which is likely to continue for some time. Beside many trade unionists are becoming convinced that the transfer of capital from the manufacture of liquor to other lines has materially helped the unemployment situation. Ac- cording to the Federal Census Reports a capital invest- ment of over $4,000 was required to employ one wage- earner in the manufacture of liquor, compared with less than $2,000 in other industries. “Tear down a saloon and in its place is built a factory,’ said John Mitchell, former president of the United Mine Workers of Amer ica. And wet labor leaders have never been able suc- cessfully to combat the claims of the dry labor men that more men are employed in other lines, in proportion to the capital which is invested, than in the liquor business. In scores of cities labor temples have been built since the Eighteenth Amendment went into effect, and claims are made that this is due largely to prohibition. Pre- viously labor unions in many cities had meeting places above saloons where the rent was “free.” “In Denver we had one hundred eight unions meeting in twenty- eight different places, mostly above saloons,” declared a prominent Denver labor leader. “We could not get together because the liquor interests didn’t want to see 310 SELECTED (ARTICLES us bunched. But when the state went dry, we were able to put it over and now we have a splendid labor temple, owned and controlled by the local unions.” St. Paul, Detroit and other cities where labor temples have re- cently been built tell the same story. . Is it not strange that labor banks in Washington, D.C., New York, Cleveland, St. Louis, Chicago, Minne- apolis and other cities have all been organized since 1920. Some labor leaders have said this movement would have come anyway, but isn’t the question pertinent? Union secretaries report that dues are paid more promptly than formerly. Perhaps this somewhat moti- vates the sentiment in favor of prohibition among local officials whose duty it is to see than this important phase of union business is attended to each month! Friends of prohibition in labor citcles also emphasize the fact that the liquor interests invariably opposed woman suffrage and direct legislation, two of the lead- ing legislative demands of the American labor move- ment. From all appearances the dry trade unionists are not planning to “lie down” while the wet drive is on, and interesting developments may be expected in connection with the attempt to persuade the American Federation of Labor to pull the liquor interests’ chestnuts out of the fire. DO BEER AND WINE PREVENT DRUNKENNESS??’ Not if history tells the truth. Distilled spirits were not even known, much less used, by the nations of west- ern Europe until after 1000 A.D., but drunkenness had been recorded of their peoples for centuries. Writers of almost two thousand years ago described the beer with which the nations in the west of Europe “intoxicate 1 By Dr. Harvey W. Wiley. Scientific Temperance Journal. 32: 13-14. Spring, 1923. " PROHIBITION 311 themselves,’ and the often unspeakable wine-drinking scenes in the great nations of that day. Spirits were not commonly used as beverages in Eng- land until the sixteenth century, but for nearly a thou- sand preceding years church officials had been issuing laws, decrees, and pastorals against drunkenness. Modern experience says, “No.” Of the drunkards received by the Ellikon Hospital for Inebriates, 1887- 1893, there were thirty-nine out of every one hundred who drank only wine or beer or both. The British Board of Control (Liquor Traffic) found in London in 1916 that of several hundred men arrested for drunkenness, about 40 per cent had become drunk on beer or other malt liquors. In Massachusetts in 1895, some twenty-six hundred men and women were convicted of drunkenness whose drunkenness followed the use of wine or beer, about one in every seven convicted for this offense. Beer and wine shared responsibility with spirits for intoxicating some fourteen thousand others convicted of drunkenness; less than one thousand used spirits alone. About one woman in every five convicted of drunkennes had used only beer or wine. If there is “no drunkenness in wine-drinking coun- tries,’ why has France a law against drunkenness, and recently found it necessary to strengthen this law? If there is “no drunkenness in beer-drinking countries,” why are there this year (1922) in Germany thirty or more institutions for the treatment of drunkards? Not all users of alcoholic liquors are affected in the same way or to the same degree, even by spirits. But anyone who knows anything about drinking habits has seen men—and women—become intoxicated on beer or wine. It may take a little longer but they land in the same place as by the whisky route. The spirits drinker rides a full-blooded Arabian steed; the beer-drinker, a slow-going farm horse; they reach the same goal; the only difference is in time, 312 SHUECT ED AAR TICLES IS BEER INTOXICATING??* 1. Q. What is intoxicating liquor? A. An intoxicating liquor is one which when in- gested into the stomach and absorbed into the blood creates a toxic effect (on any or all of the body organs and functions). That effect may be unnoticed by the subject or those who surround him or it may be of such a character as to render him at once evidently unbalanced in some way to those who might happen to observe him. 2. Q. Does the same amount of alcohol in a beverage atfect different people alike? A. A given amount of alcohol affects all persons alike in that it produces a toxic effect. The degree of resistance (of individuals) to any given toxic substance of a definite amount varies almost as widely as individuals vary (in their personal characteristics). This is true of all toxic substances as well as of alcohol. It is a matter of common observation as well that many persons can take an amount of alcohol without any observable effects which in other persons would produce all the degrees of drunkenness. It is not possible to fix any given quantity of alcohol in a beverage and at the same time establish a sharp dividing line. Any attempt to define quantity of any toxic substances and call it in- toxicating while a less quantity would be defined as non- intoxicating fails to take into consideration the remark- able variability of persons in respect to their resistance to toxic influences. 3. Q. Does the health of the drinker have anything to do with at? A. The health of a person who drinks an intoxi- cating beverage undoubtedly has an influence on his Testimony of Dr. Harvey W. Wiley, food and drug expert, at a New Jersey Legislative hearing March 1, 1920. PROHIBITION 313 susceptibility. In a state of health the body is more resistant to all forms of infection than when in a de- bilitated state. A person in robust health may be ex- posed to the bacillus of pneumonia without succumbing. If his health has been depleted by a cold or an attack of influenza the same bacillis would produce pneumonia and probably death. The sane physician will not advise people in a state of health to undergo the possible dangers of infection. He may tell them, however, that they are less likely to succumb than when debilitated. 4. Q. Does the age of the drinker make a difference? A. For the above reason the adult and the middle- aged man can withstand the effects of an intoxicating beverage better than a child or an old man. Neither health nor age, however, tends to modify the universal law of variable sensibility. 5. Q. Does it have the same effect on an habitual user and a non-drinker? A. The fact that the human organism may become tolerant of a toxic substance by its continued use is a matter of universal knowledge. 6. Q. Does a person become tolerant to the effect of alcohol? A. If one is poisoned by the bacillus of typhoid fever or smallpox and lives over this crisis he is practic- ally immune to these poisons subsequently. The man who drinks an alcoholic liquor continuously becomes able to dispose of larger quantities of this toxic substance than he possibly could do at the start. All these data illustrate the wonderful patience and perseverence of nature, who does all in her power to safeguard those who purposely or innocently take poisonous substances into their system. 314 SELECTED ARTICLES 7. QO. What are the different stages of intoxication? A. There are four well marked stages of alcoholic poisoning. The first stage marks the begmning of the toxic effect. If the quantity of alcohol is small even the subject may not be conscious of any toxic effect. It may, however, be measured by the delicate methods now in use of determinning the changes produced in the brain and the memory and in the nerve sensibility of the sub- ject. These determinations show that even in very small quantities alcohol produces a distinctly toxic effect. The functions of the intellect are at once harmfully affected, and the sensibility of the nerves of the eye and the so- called knee-jerk test is to a measurable degree sensibly affected. In my own case I have noticed this effect in playing chess, a game of which I have been very fond from early boyhood. In former times it was quite cus- tomary for chess players to have a glass of beer or wine when there was no stake in view, such as a champion- ship, but merely a game for pleasure. I soon noticed that when playing against an opponent of equal strength where as a rule the results would be 50-50 over a series of games they became 75 to 25 in his favor if I should drink a single glass of beer. This method of measure- _ ment of course is not quite so accurate, but is quite as convincing as the more delicate method described above. I describe this kind of alcoholic intoxication as one in which the subject himself is not conscious of it, and where ordinary observation fails to detect it. The second stage of alcoholic intoxication is one in which the subject if he is at all attentive to such matters feels that his condition is unusual. There is a certain feeling of warmth wholly illusory and due to a partial paralysis of the peripheral nerves which allow a greater quantity of blood in the capillaries. There is also a cer- tain feeling of elation and an apparent freedom of speech due to a specific influence of the coordinating organs of PROHIBITION 315 the brain. There is at the same time a very great de- pression of intellectual acuteness. This condition may or may not be observed by the bystanders just in pro- portion as the subject has greater or less control of his actions, The third stage of alcoholic intoxication is one in which the ordinary symptoms of drunkenness are mani- fested. These symptoms vary with the individuality of the victim. He may become taciturn and morose or he may be boisterous and voluble or even hilarious. His control of locomotion and other muscular movements is more or less disturbed and he may display an acute locomotor ataxia. All of his companions know that he is drunk. There is a fourth stage of alcoholic intoxication in which the victim sinks into entire insensibility. His face and breathing remind one of a person suffering from apoplexy and in extreme cases death supervenes. 8. QO.T1s visible intoxication essential to intoxication? A. Visible intoxication is not essential to intoxi- cation. ‘The sun is totally eclipsed even if we do not see the shadow of the moon. When a person gets drunk the first glass he drinks is just as much responsible for his condition as the last one. Intoxication has a begin- ning and that beginning is as much intoxication as the final death struggle of the man who dies from alcoholic intoxication. Every step is essential to the whole jour- ney. [he man who doesn’t take the first step doesn’t die of the last one. 9. QO. What should be the test m determining whether a certain liquor or a certaim alcoholic content is mtoxicating ? A. The test which is to be applied in determining whether an alcoholic liquor is intoxicating is the well 316 SELECTED ARTICLES known fact that it intoxicates. The question of quantity is not at all essential. If the effect is produced that effect must have had a start. That start is made by the in- — toxicating beverage which produces the effect. It must have started with the first drink; even if that step 1s difficult to perceive it must have been taken. No system of faulty logic can eliminate it. No camouflage of terms can convince a reasonable man that the first step was not taken. 10. Q. Is the test for an ordinary man the safe one? A. The test for an ordinary man is a good one for that man but a test on one person is no means of determining the acuteness of the effect on another per- son. I have read the affidavits in which a certain number of men were given certain quantities of an intoxicating beverage containing a certain quantity of alcohol. ‘The wise individual who conducted the experiment looked the men over and decided that they were not intoxicated. I find no evidence that the sensibility of the nerves of the men were not impaired. I saw no account of the delay in the reaction of the knee jerk. I saw no account of any intellectual problem which they had solved before or after the experiment. In every one of these cases there may have been very pronounced intoxication, though perhaps none of the symptoms of ordinary drunkenness were manifested. A scientific conclusion on the observations made would be this, these men are not drunk in the ordinary sense of that term. They are per- haps intoxicated in the proper sense of that term. There are about 109,999,990 people in this country who have not been tested by this method. If only one of the whole number should exhibit signs of drunkenness under this debauch, the conclusions drawn would be utterly unten- able. In the opinion of our law makers, a beverage which contains not over a half of a fluid ounce per gal- PROHIBITION 317 lon is not considered intoxicating. That, of course, is the legislative point of view. It is a safeguard which is practically effective and with which I have no quarrel, nor will I criticize the wisdom of our law makers in putting it so high. That, however, does not in any way weaken the argument that alcohol is a toxic substance. It is a wise legislative provision to prevent harm from increasing quantities of this toxic ingredient in beverages and is a matter which waits for revision or confirmation by the courts. There is no witness whose testimony I have read in this case who denies that alcohol is in- toxicating. There is, therefore, some limit which must be set by somebody. 11. Q. Is 2.75 per cent beer intoxicating? A. In regard to the question: Is 2.75 per cent beer intoxicating? I refer to the discussion above. In my opinion I have no doubt of that fact. It may even, as I have seen in my own experience, produce the third state of intoxication, namely drunkenness. 12. Q. Is ¥% of 1 per cent a safe standard? A. My own personal opinion is that the Congress of the United States might have very properly fixed a lower standard than % of 1 per cent. For all practical purposes, however, I am strongly of the opinion that Y of 1 per cent is as high a toleration of an intoxicating substance in a beverage as Congress should have allowed. BERG THES BRUGARIZE Ris Contrary to generally accepted belief beer is propor- tionately much more noxious than are wines or liquors. While liquor makes a man brutal and dulls his judg- ment, beer makes him slow-witted and abolishes judg- 1By Dr. Edwin F. Bowers. Alcohol, Its Influence on Mind and Body. p. 65-72. 318 SELECTED PARI D Is ment. And, while wine or brandy, in sufficient quantity, makes a man ‘crazy, beer, in corresponding quantity, makes him stupid. And between insanity and stupidity there is merely a question of choice. Some of us prefer an interesting maniac to a brutalized idiot. The actual reason for this brutalization and sottish- ness has been known for only a few years—is even yet not generally understood. Yet it is very simple. For, in addition to the small whisky glass of alcohol in each pint of beer, beer also contains a large and varying per- centage of lupulin—the active principle of hops. The so-called lupulin glands of the hops secrete an ethereal oil consisting of various terpenes—substances similar to turpentine oil—which hold the other elements in solution. Among these elements are the hop acids and resins. We used to think that we got all the “rosin” with which we varnished our kidney cells from the pitch lin- ing of the beer barrels. But we know now that we get our kidney shellac from the hops which enter into the composition of the beer. These terpenes act powerfully and disastrously upon the nervous system as well as upon the kidneys. The alkaloids, too, have a stupifying action on the nerves. For the hop belongs to the hemp group, and is closely related to Indian hemp. On the female blossom of Indian hemp, as on the female blossom of hops, we find glands holding a narcotic, sticky, bitter-tasting sub- stance, which is the active element of hashish. Hashish is used largely by the various Mohammedan peoples of west and south Africa, and in the Malay Archipelago, for narcotic purposes. In the intermediary stage—before complete stupification sets in—these hemp habitues become dangerously violent—even to running amuck with a huge creese, or crooked-bladed dagger— stabbing and slashing, until they are mercifully killed in their tracks. PROHIBITION 319 Now, hashish contains exactly the same elements as are found in the lupulin glands of hops—bitter-tasting resins, an ethereal oil, and one or more alkaloids. There- fore, hops exert the same effect on the human body as does hashish—differing only in degree. Naturally, in making this comparison, we must re- member that hashish is used in concentrated form, while there is relatively but a small amount of the hemp ele- ments in beer. But this is somewhat offset by the fact that a beer drinker imbibes—in his favorite beverage— sufficient lupulin to make up considerable of the de- ficiency. Professor Reinitzer, of the Polytechnic at Graz, has demonstrated that it is due to the preservative action of the hop resins that it is possible to “keep” beer. The bacterial life-forms in beer (the sarcina organisms) are hindered from multiplying by the resins contained in the hops. This assists the alcohol in preventing undue fer- mentation. So the internal organs of a beer drinker undergo a double process of pickling, which makes him just about 50 per cent worse off than he would be if he confined himself exclusively to alcohol. Here we have rational and scientific explanations as to why excessive beer drinking is accompanied by that stupidity and clumsy heaviness of mind peculiar to those who indulge unwisely and unwell in the beverage that anathematized Gambrinus. The vivacity and brilliance of wit which enable the Munich beer drinker, for in- stance, to stare stupidly into his beer mug for an hour at a time, are typical symptoms of hemp poisoning— plus alcoholism. And either alone is bad enough—in all conscience. It would be most interesting if Kraepelin, Benedict, Ascheffenburg, or some other physiologist were to make a series of experiments with the lupulin extracted from a given quantity of beer, to determine exactly how much extra loss in memory, correlation, response, accuracy, 320 SELEG DED iy Wi eli5 and work-value follows the use of beer—as compared with undoped alcohol. We have just seen that alcohol plus lupulin equals brutishness. It might be instructive to amplify this knowledge somewhat—to convince ourselves that the whisky devil cannot be driven out by the beer Beelzebub. Here are a few of the reasons why. Professor Forel, of the University of Zurich, reported that at the Ellikon Sanatorium—the first great institution of Europe to forswear alcohol in therapeutics—the num- ber of alcoholists outnumbered the spirit alcoholists nine to one. Dr. Hueppe and Professor Przibram, of Prague, have demonstrated, by the incontrovertible evidence of the autopsy table, that beer injures more hearts, livers, and kidneys than does brandy. The great physiologist, Welminsky, has shown that the belief that beer drinkers do not suffer from delirium tremens is a fleeting fitful fancy. He has given us accurate statistics proving that in Bohemia and other European countries—with a beery past, present, and perhaps future—a far greater number of the delirious have become so through beer than through spirits drink- ing. And Dr. Delbrueck adds, for our edification, that beer and wine lands (France, Germany, Belgium, and Bavaria) are the most alcohol drenched, and that the whisky and brandy lands (Sweden and Norway) the least so. He concludes that the beer danger is for the future far greater than the spirits danger. Also, Dr. August Smith, of Schloss Marbach, has reported experiments which prove positively that beer drinking—even more than spirit drinking—produced in- variably a dilation of the heart, and coincidentally causes all the pathological effects upon the circulatory system that accompany heart dilation. And here is something that may give the beer drinker pause. In the Reintzer prisms, displayed conspicuously PROHIBITION 321 in the anti-alcohol exhibitions of Europe, one cube repre- sents a pint of pure alcohol—sufficient to kill a man on the spot. Alongside of this is a prism standing for 14.6 pints of alcohol—the amount a man who drinks a pint of beer daily takes into his system each year. It is a relatively simple problem to estimate from these com- parisons just to what extent and how fatuously a beer drinker, in pursuing his favorite avocation, is flirting with the undertaker. A device much used in Europe for demonstrating the alcoholic content of beer, might with profit be employed in this country. This consists of an ordinary and most familiar looking bottle of brown beer, through the cork of which a small hole has been punched. This bottle is set over a heating apparatus, and after two minutes the alcohol evaporates and passes up through the hole. The gas is then ignited, and, needless to say, it makes a very pretty and most illuminating illumination. And to prove, out of their own mouths, that the Germans are not nearly so enthusiastic about beer as some pro-beerists would have us believe, we have but to glance at these excerpts from an army pamphlet en- titled “Alcohol and the Power of Resistance,” circulated widely among German soldiers. There is no justification for calling beer “liquid bread,” a glass of heavy beer costing 25 pfennigs has no more nourishment than a piece of cheese costing one pfennig. ... Almost all ex- cessive disturbances in the army are traced to drink. ... It is mostly beer that causes the mischief. Beer is not the harmless drink it is supposed to be. The most sinister thing about beer is this apparent harmlessness. Yet almost invariably the drink habit is inaugurated through the use of beer. Scientific men and sociologists in general fail to agree with brewers in their contention that beer drives out stronger liquors. Pro- fessor Strumpel of Breslau, Germany, says, “Nothing is more erroneous than to think of diminishing the destructive effects of alcoholism by substituting beer for other alcoholic drinks,” And Dr. Howard A, Kelley of 322 SELEGTED, ARTICLES Johns Hopkins University says, “I consider, with eminent German authorities of enormous experience, that beer is exceedingly injurious and dangerous as a beverage.”’ And so it is. For of eighteen cases of drunkenness appearing before a police court judge “hand running” recently, (1916), fifteen said they had been drinking beer. Three old topers had been using whisky. Half of these beer cases involved assault and battery or de- struction of property. Even as a “hot weather drink’ beer is a broken reed upon which to lean. For Dr. Alfred Plehn, world famous as a tropical hygienist, warns explicitly against its use, arguing that, in his experience, it is especially suited, under pathological conditions a hot climate creates, to create disturbances in the stomach and digestion, and in this way to prepare the ground for dysentery. MASSACHUSETTS: EXPERIENCE WUT Paes EMPTING BEER FROM PROHIBITION? Among the many reasons for including beer under prohibition laws is the instructive experience of Massa- chusetts nearly fifty years ago with the plan of exempting beer. It proved a distinct failure. BEER SHOPS PRODUCE MISERY In 1870, Massachusetts so altered its then prohibitory law as to allow the sale of malt liquor in all places un- less there was a local vote to forbid. The next year the law was changed so as to require a vote in order to allow such sale. The results were so conspicuously dis- astrous that in 1873 the laws permitting the sale of beer were repealed in accordance with a recommendation of the governor of the state who said in his inaugural address: 1By Cora Frances Stoddard, Executive Secretary, Scientific Temper- ance Federation. Boston, Mass. PROHIBITION 323 If we are to accept the evidence of those who have had the most painful experience of the miseries produced by these places (beer-shops) they are among the greatest obstacles to the social and moral progress of the community. INCREASED INTOXICATION AND ITs RESULTS The conditions which prevailed in Massachusetts dur- ing this period when malt liquors were sold while spiritu- ous liquors were prohibited revealed strongly the im- portant fact that intoxication and its results markedly increased during the period of beer-selling as compared with the previous prohibition period. Under the cover of beer, the sale of stronger liquors increased so that, in addition to the results of increased beer-drinking, the malt liquors made it possible for all sorts of stronger liquors to be sold, precisely the ex- perience which Georgia recently had before she also pro- hibited malt liquors. THE SouRCEs OF EVIDENCE IN THE MASSACHUSETTS EXPERIENCE The following evidence on the situation in Massa- chusetts under the beer regime is taken from two sources: (1) Alcohol and the State, a volume written in 1880, less than a decade after the beer experience, by Judge Robert C. Pitman, LL.D., Associate Justice of the Su- perior Court of Massachusetts; and (2) the report of commissioners appointed by the Governor-General of Canada in 1874 to visit states of the United States in which the prohibitory laws were then or had been in force. The commissioners were instructed “to make inquiry into the success which had attended the working of such laws and to report thereon as well as on other essential facts connected with the same.” The Canadian commissioners visited six states, “ob- tained interviews with governors, ex-governors, secre- taries of states, army officers, senators, members of Con- gress, judges of the supreme, superior, and police courts, 324 SELEGTE DSA RIMGUES district attorneys, mayors, ex-mayors, aldermen, over- seers of the poor, selectmen, jailors, trial justices, city marshals, editors, chiefs of police, employers of labor and influential citizens.’”’ They studied official documents, visited all sorts of quarters in the cities, and in Maine and Massachusetts, rural districts. Special pains were taken to ensure accuracy by reading, before leaving, to persons who made statements, notes taken of such state- ments, so that there should be no misrepresentations. The entire report, now a rare document out of print, is interesting in its picture of the prohibition period in the United States. We shall quote here, however, only what relates to the beer experience in Massachusetts. The complete report on this point is reproduced. Head- ings only have been inserted. The report says: In the Legislature of 1870, an Act was passed exempting cider and malt liquors from the prohibitory law, but giving municipalities the right to vote license for the sale of these liquors or to prohibit the sale; and in 1873 the Legislature re- pealed the Act and restored Prohibition as far as malt liquors were concerned, but still exempting cider. The following testi- monies and figures show the results of this partial liberation of certain liquors from the grasp of Prohibition: In 1870 and 1871 the people of New Bedford voted “no license,” but in May, 1872, they carried a license vote by a small majority. Of the results the commission reports Judge Borden of this city as saying: The beer law appears to make considerable difference to the police court. The number of criminal prosecutions in the court from May 7 to October 1, 1870, under the prohibitory law, was 200; same time in 1871, under the same law, was 219; same time in 1872, under the beer law, 454. The cases named in 1871 include 83 for drunkenness and 46 for assaults; in 1872, 274 cases of drunkenness and 67 for assaults. Besides the total of 454 this year, 41 persons arrested were allowed to go without prosecution, which is about three times the number dismissed in that way during the same months of 1871. The commission found in the reports of the New Bedford mayor and city marshal the following signifi- cant figures; PROHIBITION 325 Whole number of arrests, 1871 (Prohibition) ...... 462 PAPTIT OHIES SASL o sem aiede wis Galen cotter ane ts Sala. lo. 50! yw ec are 188 Whole number of arrests, 1872 (Beer sold) ...... 779 TOPTUNKEHNESS Ea ele ake ee teil ol emrcery ns tas fee aes 415 Lodgers in stations, 1871 (Prohibition) ........... 348 Lodgers in stations, 1872 (Beer sold) ............ 434 “Thus exhibiting,” says the commission, “an imcrease of over 68 per cent in the aggregate number of crimes, over 120 per cent in cases of drunkenness (Italics ours. ) HousrE oF CORRECTION Number of commitments from New Bedford in 1871, was 93 Number of commitments from New Bedford in 1872, was 180 Or an increase of about 97 per cent. WoRKHOUSE Number of commitments from New Bedford in 1871, was 37 Number of commitments from New Bediord in 1872, was 69 Or an increase of about 95 per cent. Trial Justice E. Southworth said: So far as I am able to give an opinion of the working of the beer law, it would be that we may as well have a law licensing the sale of all other intoxicating liquors; for everything, almost, that will intoxicate, is sold, or has been, by the name of beer. I have no belief in any beer law. I know, or I think I do, that drunkenness has largely increased under its operations. The commission quotes Trial Justice Newton Morse of Natick (Middlesex County; population 6,404) as say- ing, Whole number of prosecutions for all offenses from July 20, 1870, to date, 655; liquor prosecutions for the same time, 614; prosecutions for drunkenness, 162. Of the remaining 279 cases, 178 are the direct results of liquor selling and drinking. I voted in the Legislature of 1869-70 for the beer law, as I believed in the interests of temperance and the Republican party. With the experience of the last two years, I shall this year vote against the beer law, in the same interest. The prosecutions for drunk- enness for the last year, and especially the last part, have in- creased one-third. Justice Hamlett Bates of the Chelsea Police Court said (January 3, 1873): 326 SELECTED PAR TICLES The records of the court here exhibited the number of cases for drunkenness for the three years past as follows: In 1879 (Prohibition up to September) ............ I4I Inie7reGbeety law in sOperatiom) wu cise fener eat eee 188 In r872ndbeer law yin) operation) is cta seis a screenees 260 The sale of beer should not be legalized; almost every beer saloon is a rum shop. For violation of the law, imprisonment instead of fines should be imposed, not for a few days, but for months. From the justice of the First District Court: My district includes six towns, to-wit: Sturbridge, South- bridge, Charlton, Dudley, Webster, and Oxford. The sale of beer is prohibited in all of them. There is not an open bar in the district, but liquor is sold to a limited extent in dwelling houses, and by persons who carry it in their pockets. Should the sale of beer in the above named towns be permitted by vote, crime would increase there 50 per cent within a month. To permit the sale of beer by law is only a deceptive method whereby the sale of all kinds and quantities of intoxicating liquors is legalized and clothed with a kind of respectability which does not belong to that nefarious business—Report of Clarke Jeilson, Justice of the First District Court, County of Worcester, and Mayor of Worcester. VITIATED PROHIBITORY LAW One of the effects of the free sale of malt liquors is to in- crease the crime of drunkenness, and multiply by other forms the violation of the criminal law. The sale of these liquors is made a cover for the sale of spirituous liquors generally. Under the laws of 1870, the sale of malt liquor was authorized for several months in the town by vote of the inhabitants. Efforts to enforce the prohibitory law, or what there was left of it, during that period were almost nugatory. In no way, as it seems to me, can a greater blow be given to the prohibitory law, or its purpose be more surely defeated, than by legalizing the sale of malt liquors— J. Rockwell, Trial Justice and Judge of District Court, Berkshire. RESULTS SHOWN BY JAIL AND PRISON REPORTS By a reference to a former part of this report it will be seen that in 1867 the prohibitory law was quite well enforced in Boston, so much so as to reduce the revenue receipts in one district from $22,000 to $6,000 per month. 1 Population 19,000. —_ SS ee eae PROHIBITION 327 From the statistics of Boston, we gather the follow- ing figures: October 1) 18077, confinediinv Sutoleyatle. ice kee ee 173 Cho Dera Le LOT Ouse cei tists tre mMeeMT Cha oss argos aie cy 222 Ditlerencesin: favor Oli DEOMIDIION 6. 6's 5 oe a 49 ~-—— SeUIINiLted me Omr OG lion) |allusitrm iO fee tet fleet e's oe eles 3,736 Omitted tan OU tOlig gy) ailmiMgeLO7O eee. via s's clclete «