PROHIBITION. Chapter 1

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1 PROHIBITION

2 Chapter 1 PROHIBITION Since the founding of the republic, some Americans advocated temperance- limits on the consumption of alcohol. Temperance organizations formed and then unified into the American Temperance Union in In the early 20th Century, the cause morphed into the Prohibition movement, which had the support of diverse constituencies including Progressives, many southerners, women, and the Klu Klux Klan. The 18th Amendment to the Constitution passed in This Amendment prohibited the manufacturing, sale, and transport of alcohol. The primary documents in this book include, the 18th Amendment, an article from the New York Times, and several prohibitionist posters. Read the documents to find out what problems some people saw in society and why they favored prohibition.

3 SECTION 1 18th Amendment Source: The United States Constitution. The US Senate passed the 18th Amendment on December 18th, It was ratified on January 16, 1919, after 36 states approved it. The 18th Amendment, and the enforcement laws accompanying it, established prohibition of alcohol in the United States. Several states already had Prohibition laws before this amendment. It was eventually repealed by the 21st Amendment on December 5th It is the only amendment that has ever been completely repealed. Section 1 After one year from the ratification of this article the manufacture, sale, transportation, importation or exportation of intoxicating liquors in the United States territory is hereby prohibited article: a section or item in a written document. Until enough states ratified this amendment, it was known as an article. Section 2 The Congress and several States shall both have the power to enforce this article by appropriate legislation. Section 3 This article shall have no power unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission to the States by the Congress. 2

4 SECTION 2 Prohibition and Health Source: Read at the Eight Annual Meeting of the National Temperance Council, Washington D.C. September 20, The National Temperance Council was created in 1913 to work for Prohibition. Prohibition and Health Alcohol poisons and kills; Abstinence and Prohibition save lives and safeguard health. Dr. S.S. Goldwater, formerly Health Commissioner of New York City, stated the decision is based on science, the final opinion of our nation after 100 years of education upon the subject of alcohol. Alcohol hurts the tone of the muscles and lessens the product of laborers; it worsens the skill and endurance of artists; it hurts memory, increases industrial accidents, causes diseases of the heart, liver, stomach, and kidneys, increases the death rate from pneumonia and lessons the body s natural immunity to disease. Justice Harlan speaking for the United States Supreme Court said: We cannot shut out of view the fact that the public health and public safety may be harmed by the general use of alcohol. It is believed that the less consumption of alcohol by the community would mean less tuberculosis, less poverty, less dependency, less pressure on hospitals, asylums and jails. 3

5 Information read at the Temperance Council Meeting 4

6 SECTION 3 Hoocher Murder Bill- New York Times Source: The New York Times, November 14, 1922 HOOCH MURDER BILL DRAFTED BY ANDERSON Anti- Saloon Head Aims to Reach Those Whose Drinks Cause Death. William H. Anderson, State Superintendent of the Anti- Saloon League, announced in a statement yesterday that the organization would sponsor a measure at the upcoming State Legislature. The measure would be known as the Hooch Murder Bill. It says a person can be tried for murder, and punished accordingly if they are suspected of selling alcohol that resulted in the death of the person drinking it. Commenting on the measure Anderson said: directed at the immoral foreigner, usually an alien, who had largely stopped killing with a knife form hate or with a gun for hire, and has gone into the preparation and thoughtless selling of poison for profit. * Hooch: slang term for alcohol, commonly used in the 1920 s to refer to illegal whisky. This bill is intended for whoever it may hit, but it is especially 5

7 SECTION 4 Scientific Prohibition Posters Alcoholism and Degeneracy Source: Poster published 1913 by the Scientific Temperance and American Issue Publishing Company Children in Misery Source: Poster published in 1913 by the Scientific Temperance Federation and 6

8 SECTION 5 End of Prohibition Both federal and local government struggled to enforce Prohibition over the course of the 1920s. Enforcement was initially assigned to the Internal Revenue Service (IRS), and was later transferred to the Justice Department. In general, Prohibition was enforced much more strongly in areas where the population was sympathetic to the legislation--mainly rural areas and small towns--and much more loosely in urban areas. Despite very early signs of success, including a decline in arrests for drunkenness and a reported 30 percent drop in alcohol consumption, those who wanted to keep drinking found evermore inventive ways to do it. The illegal manufacturing and sale of liquor (known as "bootlegging") went on throughout the decade, along with the operation of "speakeasies" (stores or nightclubs selling alcohol), the smuggling of alcohol across state lines and the informal production of liquor ("moonshine" or "bathtub gin") in private homes. In addition, the Prohibition era encouraged the rise of criminal activity associated with bootlegging. The most notorious example was the Chicago gangster Al Capone, who earned a staggering $60 million annually from bootleg operations and speakeasies. Such illegal operations fueled a corresponding rise in gang violence, including the St. Valentine's Day Massacre in Chicago in 1929, in which several men dressed as policemen (and believed to be have associated with Capone) shot and killed a group of men in an enemy gang. The high price of bootleg liquor meant that the nation's working class and poor were far more restricted during Prohibition than middle or upper class Americans. Even as costs for law enforcement, jails and prisons spiraled upward, support for Prohibition was waning by the end of the 1920s. In addition, fundamentalist and nativist forces had gained more control over the temperance movement, alienating its more moderate members. With the country mired in the Great Depression by 1932, creating jobs and revenue by legalizing the liquor industry had an undeniable appeal. Democrat Franklin D. Roosevelt ran for president that year on a platform calling for Prohibition's appeal, and easily won victory over the incumbent President Herbert Hoover. FDR's victory meant the end for Prohibition, and in February 1933 Congress adopted a resolution proposing a 21st Amendment to the Constitution that would repeal the 18th. The amendment was submitted to the states, 7

9 and in December 1933 Utah provided the 36th and final necessary vote for ratification. Though a few states continued to prohibit alcohol after Prohibition's end, all had abandoned the ban by Negative Aspects of Prohibition Prohibition created disrespect for the law. Pullquote: Prohibition goes beyond the bounds of reason in that it attempts to control a man s appetite by legislation and makes crimes out of things that are not crimes. Abraham Lincoln If everyone breaks the law, it is disrespected. Practically everyone broke the law of Prohibition making everyone criminals. Prohibition encouraged people to see the law as whimsical and unimportant, instead of something good and protecting. It did nothing to encourage the respect and obedience the law deserves. Prohibition created organized crime. Prohibition made the gangster not just well paid, but well liked, McWilliams said. It took significant organization to bootleg the quantities of alcohol people desired. The result was organized crime, which didn t differentiate between petty crimes like transporting liquor and real crimes like violence, murder, and theft.organized crime was huge, and it had a lot of money and influence. Policeman and politicians were bribed and blackmailed: If mobsters couldn t buy or successfully threaten someone in a powerful position, they either wiped them out or, following more democratic principles, ran a candidate against the incumbent in the next election. They put money behind their candidate, stuffed the ballot box, or leaked some scandal about the incumbent just before the election (or all three). The important thing was winning, and more often than not, someone beholden to organized crime rose to the position of power. It created a new class of candidates that were open to the highest bidder. Many court cases required payoffs to get a fair hearing. In other words, corruption abounded and the people began distrusting the government. Prohibition caused physical harm Because alcohol was illegal, its purity was not regulated. While fruit, vegetable, and grain alcohol is usually safe, alcohol made from wood is not but it is difficult to tell the difference until too late. Over 10,000 people died during Prohibition from drinking wood alcohol. Others who were not killed went permanently blind or had severe organ damage. 8

10 Prohibition 9

The 18th Amendment (Modified) Source: United States Constitution

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