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- margin-left: 2%; - margin-right: 2%; - margin-top: 1em; - margin-bottom: 1em; - padding: .5em; - } - - .covernote {visibility: visible; display: block; text-align: center;} -} - </style> - </head> - -<body> - - -<pre> - -Project Gutenberg's The Rise and Fall of Prohibition, by Charles Hanson Towne - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Rise and Fall of Prohibition - The Human Side of What the Eighteenth Amendment and the - Volstead Act Have Done to the United States - -Author: Charles Hanson Towne - -Release Date: November 2, 2019 [EBook #60617] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE RISE AND FALL OF PROHIBITION *** - - - - -Produced by ellinora, Charlie Howard, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/American Libraries.) - - - - - - -</pre> - - -<div class="transnote covernote"> -<p class="center larger">Transcriber’s Note</p> - -<p>Cover created by Transcriber, using an image from -the original book, and placed in the Public Domain.</p> -</div> - -<h1 class="vspace wspace notbold">THE RISE AND FALL<br /> -OF PROHIBITION</h1> - -<hr /> - -<div class="newpage p4 center small wspace"> -<div id="if_i_001" class="figcenter" style="max-width: 7em;"> - <img src="images/i_001.png" width="108" height="34" alt="MacMillian logo" /></div> - -<p class="p0"><span class="larger">THE MACMILLAN COMPANY</span><br /> -NEW YORK · BOSTON · CHICAGO · DALLAS<br /> -ATLANTA · SAN FRANCISCO</p> - -<p class="p1"><span class="larger">MACMILLAN & CO., <span class="smcap">Limited</span></span><br /> -LONDON · BOMBAY · CALCUTTA<br /> -MELBOURNE</p> - -<p class="p1"><span class="larger">THE MACMILLAN CO. OF CANADA, <span class="smcap">Ltd.</span></span><br /> -TORONTO -</p> -</div> - -<hr /> - -<div id="if_i_002" class="figcenter" style="max-width: 25em;"> - <img src="images/i_002.jpg" width="394" height="600" alt="" /> - <div class="caption">I have seen hulking men enter a shop at nine in the morning, hastily tear -off an ice-cream soda containing I know not what flavoring and dash out -again into the world of business. No habitual drunkard could show a -worse record. The soda-fiend is a sensualist, knowing nothing of the healthy -ecstasy of comradeship. He is a solitary drinker of the worst sort.</div></div> - -<hr /> -<div class="newpage p4 center vspace wspace"> -<p class="xxlarge bold"> -<span class="larger">THE RISE AND FALL<br /> -OF PROHIBITION</span></p> - -<p class="p2">THE HUMAN SIDE OF WHAT THE EIGHTEENTH<br /> -AMENDMENT AND THE VOLSTEAD ACT HAVE<br /> -DONE TO THE UNITED STATES</p> - -<p class="p2">BY<br /> -<span class="large">CHARLES HANSON TOWNE</span></p> - -<p class="p2"><span class="bold larger">New York</span><br /> -<span class="large">THE MACMILLAN COMPANY</span><br /> -1923</p> - -<p class="p1 smaller"><i>All rights reserved</i></p> -</div> - -<hr /> - -<div class="newpage p4 center wspace"> -<p class="smaller">PRINTED IN THE UNITED STATES OF AMERICA</p> - -<p class="p2 smaller"><span class="smcap">Copyright, 1923,<br /> -By</span> THE MACMILLAN COMPANY</p> - -<p class="smaller">Set up and electrotyped. Published March, 1923.</p> - -<p>Press of<br /> -J. J. Little & Ives Company<br /> -New York, U. S. A. -</p> -</div> - -<hr /> - -<p class="newpage p4 center vspace wspace larger"> -<span class="smaller">TO MY FRIEND</span><br /> -JOHN M. DENISON -</p> - -<hr /> - -<div class="chapter"> -<h2 id="AUTHORS_NOTE">AUTHOR’S NOTE</h2> -</div> - -<p>The chapter from Mr. John J. Leary, Jr’s, book, -“Talks with T. R.,” entitled “On Prohibition,” is -used in this volume by permission of, and by special -arrangement with, Houghton Mifflin Company, the -authorized publishers.</p> - -<p>Thanks are also due the editor of <i>Harper’s Magazine</i>, -for his kind permission to include portions of -E. S. Martin’s article, and to the Rev. W. A. Crawford-Frost, -for his consent to reprint extracts from -his sermon.</p> - -<p>Messrs. Funk & Wagnalls have been most helpful -in permitting the use of their files of <i>The Literary -Digest</i>; and Mr. William L. Fish, Mr. Frederic J. -Faulks, Mr. Thomas K. Finletter and Mr. Herbert -B. Shonk rendered much assistance in the preparation -of this volume.</p> - -<p>Two chapters are reprints of articles which originally -appeared in the New York <cite>Times</cite>.</p> - -<p>I must also thank Mr. Markham, Mr. Le Gallienne -and Mr. Montague for the use of their poems.</p> - -<hr /> - -<p><span class="pagenum" id="Page_ix">ix</span></p> - -<div class="chapter"> -<h2 id="CONTENTS">CONTENTS</h2> -</div> - -<table id="toc" summary="Contents"> - <tr class="small"> - <td class="tdl in2" colspan="2">CHAPTER</td> - <td class="tdr">PAGE</td></tr> - <tr> - <td class="tdr top">I</td> - <td class="tdl"><span class="smcap">The Phenomenon of Prohibition</span></td> - <td class="tdr"><a href="#CHAPTER_I">1</a></td></tr> - <tr> - <td class="tdr top">II</td> - <td class="tdl"><span class="smcap">Our Great Unhappiness</span></td> - <td class="tdr"><a href="#CHAPTER_II">10</a></td></tr> - <tr> - <td class="tdr top">III</td> - <td class="tdl"><span class="smcap">Our Endless Chain of Laws</span></td> - <td class="tdr"><a href="#CHAPTER_III">17</a></td></tr> - <tr> - <td class="tdr top">IV</td> - <td class="tdl"><span class="smcap">Too Much “Verboten”</span></td> - <td class="tdr"><a href="#CHAPTER_IV">26</a></td></tr> - <tr> - <td class="tdr top">V</td> - <td class="tdl"><span class="smcap">Making the World Safe for De-mockery-cy</span></td> - <td class="tdr"><a href="#CHAPTER_V">46</a></td></tr> - <tr> - <td class="tdr top">VI</td> - <td class="tdl"><span class="smcap">The Infamous Volstead Act</span></td> - <td class="tdr"><a href="#CHAPTER_VI">62</a></td></tr> - <tr> - <td class="tdr top">VII</td> - <td class="tdl"><span class="smcap">A Triumvirate Against Prohibition</span></td> - <td class="tdr"><a href="#CHAPTER_VII">83</a></td></tr> - <tr> - <td class="tdr top">VIII</td> - <td class="tdl">“<span class="smcap">The Fear for Thee, My Country</span>”</td> - <td class="tdr"><a href="#CHAPTER_VIII">88</a></td></tr> - <tr> - <td class="tdr top">IX</td> - <td class="tdl"><span class="smcap">Drying Up the Ocean</span></td> - <td class="tdr"><a href="#CHAPTER_IX">109</a></td></tr> - <tr> - <td class="tdr top">X</td> - <td class="tdl"><span class="smcap">The Mullan-Gage Law, the Van Ness Act and the Hobert Act</span></td> - <td class="tdr"><a href="#CHAPTER_X">120</a></td></tr> - <tr> - <td class="tdr top">XI</td> - <td class="tdl"><span class="smcap">Bootlegging and Graft</span></td> - <td class="tdr"><a href="#CHAPTER_XI">129</a></td></tr> - <tr> - <td class="tdr top">XII</td> - <td class="tdl">“<span class="smcap">Don’t Joke About Prohibition</span>”</td> - <td class="tdr"><a href="#CHAPTER_XII">138</a></td></tr> - <tr> - <td class="tdr top">XIII</td> - <td class="tdl"><span class="smcap">How Canada Has Solved the Liquor Problem</span></td> - <td class="tdr"><a href="#CHAPTER_XIII">150</a></td></tr> - <tr> - <td class="tdr top">XIV</td> - <td class="tdl"><span class="smcap">Crime and Drunkenness</span></td> - <td class="tdr"><a href="#CHAPTER_XIV">156</a></td></tr> - <tr> - <td class="tdr top">XV</td> - <td class="tdl"><span class="smcap">The Literary Digest’s Canvass</span></td> - <td class="tdr"><a href="#CHAPTER_XV">163</a></td></tr> - <tr> - <td class="tdr top">XVI</td> - <td class="tdl"><span class="smcap">Literature and Prohibition</span></td> - <td class="tdr"><a href="#CHAPTER_XVI">176</a></td></tr> - <tr> - <td class="tdr top">XVII</td> - <td class="tdl"><span class="smcap">America Today</span></td> - <td class="tdr"><a href="#CHAPTER_XVII">183</a><span class="pagenum" id="Page_x">x</span></td></tr> - <tr> - <td class="tdr top">XVIII</td> - <td class="tdl"><span class="smcap">Other Reforms</span></td> - <td class="tdr"><a href="#CHAPTER_XVIII">194</a></td></tr> - <tr> - <td class="tdr top">XIX</td> - <td class="tdl"><span class="smcap">Is Europe Going Dry?</span></td> - <td class="tdr"><a href="#CHAPTER_XIX">202</a></td></tr> - <tr> - <td class="tdr top">XX</td> - <td class="tdl"><span class="smcap">What Are We Going to Do About It?</span></td> - <td class="tdr"><a href="#CHAPTER_XX">208</a></td></tr> -</table> - -<hr /> - -<p><span class="pagenum" id="Page_1">1</span></p> - -<div class="chapter"> -<h2 id="THE_RISE_AND_FALL">THE RISE AND FALL -OF PROHIBITION</h2> -</div> - -<hr /> -<div class="chapter"> -<h2 id="CHAPTER_I" class="vspace">CHAPTER I<br /> - -<span class="subhead">THE PHENOMENON OF PROHIBITION</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">The</span> strange phenomenon of Prohibition, -after an appearance amongst us of over -three years, is still non-understandable to -the majority of a great, and so-called free, people. -It is one of the most astonishing manifestations the -world has ever witnessed. It came upon us like a -phantom, swiftly; like a thief in the night, taking us -by surprise. Yet the Prohibitionists will tell you -that no one should be amazed, since for years—for -almost a century—quiet forces have been at work -to bring about this very thing.</p> - -<p>Most of us can remember how, not so many years -ago, when we wished to throw away our vote, we -cast it for the Prohibition ticket. Some unknown -“crank” was running for office on a dry platform. -“What a joke,” we said, “to give him the weight -of our affirmation, to enlarge his pitiful handful of -white ballots! It will be a good way to get even -with the arrogant Mr. So-and-So.”</p> - -<p><span class="pagenum" id="Page_2">2</span> -And into the box we laughingly dropped the bit -of paper which might cause a mention to be made -of the crank in the next morning’s news columns. -Delightful, insincere flattery, which could not possibly -do any harm. How well, how thoroughly, -how consistently we gave it, never dreaming that the -solemn hour would strike when our gesture would -no longer be a joke.</p> - -<p>The morning came when the headlines in our -newspapers proclaimed the fact that State after -State was following the road of Kansas, Washington, -Maine and Oregon, to mention only a few -States which for some time had elected to make -laws that were almost blue. Local option—yes, we -had heard of it in the effete East. There were districts, -we knew, which chose the path of so-called -virtue; and they were welcome to their sanctimoniousness. -In our hearts we rather approved of them -for the stand which they had taken—particularly -when we learned, on an occasional visit, that it was -mighty easy to give a dinner-party with plenty of -liquid refreshment. All one had to do, it seemed, -was to lift the telephone receiver in Bangor, and -ask that Boston send over a supply of whatever one -desired. There were no restrictions against the -transportation of liquor over the State line, though -it was impossible to purchase wines and spirits in -the holy community itself.</p> - -<p>Our national insincerity began right there. The -hiding of the ostrich’s head in the sands—that is<span class="pagenum" id="Page_3">3</span> -what it amounted to; and we all smiled and laughed, -and went on having a perfectly good time, and we -told one another, if we discussed the matter at all, -that of course the worst could never, never occur. -What rot even to think of it; what idiocy to take -seriously a state of affairs so nebulous and remote. -It was like predicting a world war—which eventually -came about; it was like dreaming of the inconvenience -of a personal income tax—which also came -about; it was like imagining that man would be so -uncivilized as to break all international law—which, -only a few years later, he did. Who foresaw the use -of poisonous gas in the most frightful conflict of -history? Who had vision enough to tell us that -noncombatants would be killed, as they were in -Belgium, though treaties had been signed which forbade -such wanton cruelty? Who could foretell the -bombing of cities far beyond the firing line? Yet -these atrocities occurred with singular regularity -once the world entered upon that stupendous -struggle which began in August, 1914. We came -to take such happenings for granted. We grew accustomed -to terror, as one grows used to pain; and -all that we had built and dreamed went crashing to -dust and ashes.</p> - -<p>Prohibition, I venture to say, was the last thing -in the world the American people expected to have -come upon them. Though temperance advocates -were thick through the country, the brilliant bar-rooms -held their own; and we came to look upon<span class="pagenum" id="Page_4">4</span> -them as an essential part of the pageant of life, -especially in cosmopolitan cities, with Salvation -Army lassies entering them to pass the tambourine. -Men in their cups gave generously; and I often wonder -if the revenue of pious organizations has not -seriously diminished, now that there are no haunts -of vice for holy workers to penetrate. Surely they -must miss this casual liberality—the coin or the bill -cast with a grand and forgotten gesture into the -extended hand.</p> - -<p>But do not imagine I am holding a brief for the -corner saloon. The sins of an enforced Prohibition -are many, as I shall seek to prove; but the passing -of the common drinking-place cannot be deprecated. -No sane, thinking citizen wishes to see a return of -promiscuous debauchery. A glimpse now of the -London “pubs” in the poorer districts of the English -capital is enough to convince any American that he -should thank his stars—if not his three-stars—that -one phase of our social consciousness has vanished -forever. If we could have sensibly rid ourselves of -these rum-hells, without punishing a vast multitude -of us who knew how to drink wisely, much good -would have been accomplished. But, American-like, -we had to go the whole gamut; we had to make -ourselves ridiculous before the rest of the world, in -order to bring about a check upon the gross appetites -of a scattered few.</p> - -<p>There is no doubt in my mind that there will be -a reaction. The pendulum has swung too far, as<span class="pagenum" id="Page_5">5</span> -any observer must admit. The present conditions -throughout the country are so disgraceful that something -must be done to remedy them. Our personal -habits became a matter for federal investigation; our -daily conduct is now given to the scrutiny of the -authorities—to our everlasting discredit. We are -a nation of self-appointed law-breakers, rejoicing -alike in our secret and open wrong-doing. We are -the laughing-stock of Europe; we are the jest of -Canada and Mexico, our neighbors, and decent -Americans feel that a stigma has been put upon -them. We stammer explanations to visiting foreigners, -who, confused and confounded, ask us what -it all means; we are confused ourselves at the muddle -our Government is making of the whole -wretched business; and yet, being Americans who -tolerate all kinds of injustices, we meekly submit, -the while we complain, and are too lazy, most of -us, to lift up our voices, to utter one word publicly -in derision of this monstrous foolishness.</p> - -<p>What is to happen to us? Are we to become a -race of machines, supinely submitting to autocratic -mandates? We have always allowed ruffians to -rule us in our civic politics; and though once in a -while we bitterly cry out, the ruffians, knowing our -weaknesses only too well, pay no attention. We are -like the worm that turns; but who cares, since no -change is evident when the worm shows its other -side?</p> - -<p>One of the great troubles with America is that<span class="pagenum" id="Page_6">6</span> -only in rare instances will the finer type of young -manhood enter politics. We leave the high business -of running the Government to men of inferior -caliber, whereas in a land like England, a political -career is a distinction, as much to be chosen and -sought as the Church. Until we come to a realization -of the peril that confronts us through our spirit -of <i xml:lang="fr" lang="fr">laissez-faire</i> we shall deserve, as Plato says, exactly -the kind of Government we get.</p> - -<p>With all our recognized national gusto and verve, -there can be no denial of the tragic fact that we are -mentally indolent when a political cause is in the -balance. I have known men of worth in the professions -and in the world of business to neglect the -polls on Election Day in order to indulge in a game -of golf; yet these are the first to cry out when the -low-brow politicians triumph. We permit our jury-boxes -to be filled by incompetent German-American -grocers and butchers, clerks with little imagination, -played-out failures and cab drivers and chauffeurs -who are morons. Even the women, who were -so anxious for equal suffrage, find, in many cases, that -civic duties are a burden, and avoid their obvious -responsibilities. We let George do everything which -we find in the least unpleasant.</p> - -<p>Well, there is a price for such lethargy. It is -terrifying to read over the names of the judges and -magistrates on the American Bench, and see how -many are of foreign origin. Listen to the roll-call -in any court-room. The Poppelfingers and Morinos<span class="pagenum" id="Page_7">7</span> -and Sauerkrautzers predominate. Where are our -first American families? It might be well to ask, -indeed, where they will be in another generation or -two.</p> - -<p>You and I walk along the streets and see a man -suddenly stricken. A crowd quickly gathers about -his pitiful form, stares into his countenance. A -policeman calls an ambulance. A gong rings, and -he is carried off to a hospital. You and I go our -way, with perhaps a momentary tug at our heart. -But it never occurs to us that the man in the street -might have been ourselves. Such things happen to -others—no, they could never, never happen to us. -The lightning may strike a neighbor’s house or barn—but -not our own. Death or disaster may come to -the other fellow—never to us.</p> - -<p>“It never can happen” might be our national slogan. -Thus has a stupid Pollyanna optimism penetrated -our civic thought, our political consciousness, -our spiritual being; and the false doctrine is screamed -from every housetop from Manhattan to Gopher -Prairie. Pretty little poems, printed in neat frames, -greet us wherever we turn. They urge us to cheer -up, that it is not raining rain, but only flowers, and -that God’s in His heaven and all’s right with the -world—forgetting that Browning, when he penned -his immortal line, referred to a particular morning -for a particular man of vision, and by no means -intended to be quoted out of his context, as a basis -for the silly “gladness” of hoards of people who<span class="pagenum" id="Page_8">8</span> -think they think. Our music-halls are crammed with -comedians who sing, in loud voices, something about -what’s the use of worrying, it never was worth while, -and bidding us smile, smile, smile. And we clap and -giggle and stamp our easy-going feet, and go out -into the night, and are shoved and pushed into an -over-crowded subway train, and still fondly cherish -the delusion that we should keep on smiling, though -a brutal train-guard’s boot is jammed into our reluctant -back, so that we may become one more -sardine in the steel box he is so expert in packing.</p> - -<p>It would all be very amusing were it not so serious. -Sinclair Lewis, who is becoming the best photographer -this country ever produced, has not given us -a false picture of our towns and cities. He tells the -brutal truth, bravely. But we read him, smile, and -say that of course it’s all very well, and such localities -may exist, but they are not those in which we -dwell. And all the while, about us, are the very -folk his deft pen has drawn. <em>Babbitt</em>—what a -stupid old fool he is, and we may have seen him in -smoking-compartments; but we never will admit that -he is our next-door neighbor.</p> - -<p>The day may come when we will have to admit -that he is our very self. We have the superiority -complex. Which of course is nothing but a confession -that we are inferior. And in allowing restriction -after restriction to be put upon us, how, -in the name of common sense and in the words of the -man in the street, do we get that way? We are the<span class="pagenum" id="Page_9">9</span> -most governed people in the world today. There -are plenty of laws, but little order; and the millennium -that the Prohibitionists promised with the -adoption of the Eighteenth Amendment is farther -away than ever.</p> - -<p>Let us wake up, and face conditions as they are. -Let us not try to delude ourselves into a state of -false happiness, when, at heart, we are the most -unhappy nation now breathing the celebrated air. -It is high time we did some solemn thinking. The -writing is on the wall. It is our business to read -the words inscribed there in letters of fire.</p> - -<hr /> - -<p><span class="pagenum" id="Page_10">10</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_II" class="vspace">CHAPTER II<br /> - -<span class="subhead">OUR GREAT UNHAPPINESS</span></h2> -</div> - -<p class="drop-cap al"><span class="firstword">Are</span> the American people any worse than other -people, that they should be put <i xml:lang="fr" lang="fr">en masse</i> -upon the water-wagon? Who is it that sits -in judgment over them? What unseen Kaiser, Czar, -autocrat passes sentence upon their morals? We -fought a War to get rid of such leaders and rulers; -and now, ironically enough, we find ourselves under -the domination of far stronger task-masters.</p> - -<p>I have recently been traveling through a great -portion of this great country. Everywhere I found -a curious unhappiness. People may not be articulate -about their sorrows, just as the poor may not speak -of their poverty; yet the canker is there, the worm -i’ the bud is eating away the heart of the flower. -Perhaps I should use the word discontent rather -than unhappiness. Or restlessness. Or resentment. -At any rate, the feeling, whatever it is, exists; and -there is a new menace over our days. The placid -reformers, resting between reforms, smack their lips -in sadistic glee. In the face of repeated and open -violations of the law, they give out interviews to the -effect that all is moving serenely; that the people are -under beautiful control—though they have to admit<span class="pagenum" id="Page_11">11</span> -that they squirm once in a while. Here again it is a -case of stupid optimism. They <em>want</em> all to be well, -and they fondly imagine that all <em>is</em> well. They will -have a great awakening; for this smoldering discontent -and anger is bound to rise in a great tide one -of these days.</p> - -<div id="ip_11" class="figcenter" style="max-width: 25em;"> - <img src="images/i_025.jpg" width="394" height="600" alt="" /> - <div class="caption">At the trial, the package in evidence was placed on a large green-covered -table, in the presence of the jury and the court. The prosecuting attorney -worked himself into a fine fury of eloquence. The majesty of the law must -be upheld.</div></div> - -<p>Listen to a lady reformer in Chicago, speaking -after a church league meeting, in September, 1922. -Evidently she is out of touch with the world, secure -in the sanctity of a liquorless home. She has never -attended a real dinner-party, poor dear; and somehow -my heart goes out to her.</p> - -<p>“The law is being enforced, and the results are -more than satisfactory. The brewers are skulking -opponents. What are they doing now?” she inquired -blandly of her audience. “Some are making -candies, some soft drinks, some other things; but -they are all making money, and are happy. Prohibition -is a wonderful thing, and I am proud to be -a citizen of the country that has adopted it.”</p> - -<p>How sweet and cheerful! But as she spoke, I -wonder if she knew that almost around the corner -real beer and whiskey were easily procurable. That -as she uttered her oracular words, men with hip-flasks -passed the door behind which she was speaking, -on their way to joyful occasions.</p> - -<p>The law was never less effectively enforced, dear -lady. You are living in a world of dreams and -fancies. You should get about more, and meet the -flappers and <i xml:lang="fr" lang="fr">jeunesse dorée</i>, who could tell you and<span class="pagenum" id="Page_12">12</span> -show you a thing or two. Your rhapsodies are all -very well; but your smug delight in conditions has a -note of pathos to one who has observed the country -as it is, and not as you would have it. Alas! you are -but deluding yourself, and my heart goes out to you -in your simplicity.</p> - -<p>Is the law being upheld when, at a dinner-party -at a certain country club, two policemen in uniform -were sent by the local authorities to “guard the -place” while much liquor was poured? These minions -of the sacred law were openly served with highballs, -and they laughed at the Constitution of the -United States. I saw them and heard them myself. -They came to get drunk—and certainly succeeded. -Everyone at that party deplored the company’s behavior, -was loud in denunciation of Prohibition and -what has come in its wake; yet went on eating and -drinking and dancing with the casual remark that -it was of no consequence whether or not they broke -the law, since everyone was doing it.</p> - -<p>Is there any veneration for the law of the land -when advocates of the Eighteenth Amendment, men -who sponsored it publicly, in private deride it, and, -at the mention of Mr. Volstead, sneer and jeer, and -purchase cocktails in New York restaurants at a -dollar apiece, gulping them down openly?</p> - -<p>I asked such an advocate—a politician who would -like to be called a statesman—why it was that, if he -believed in the Volstead Act, he continued to consume -his daily quota of Scotch. I don’t believe anybody<span class="pagenum" id="Page_13">13</span> -had ever ventured to put such a frank question -to him. His wife, on my left, blanched—she, by -the way, never touches a drop; but her exalted husband -is fond of the cup that cheers—and inebriates. -He has held high office, and has been loud in his -advocacy of Prohibition—for the other fellow. He -glared at me when I rashly put my question to him, -lifted his glass high and cried out, intending to be -witty (I thought him merely disgraceful, and drunk, -as usual), “I drink as much and as often as I can, -in order to lessen the supply!” And then he had the -effrontery to add: “Of course I mean to see to it -that the law is upheld, when liquor cases come up -before me.”</p> - -<p>Yet I had read a statement of his in the newspapers -when he was running for office, declaring -that wine was a mocker, and that whosoever was deceived -thereby was not wise. Oh, yes, he could -quote Scripture with a vengeance, this minion of the -law. My lady friend in Chicago, seeing him on the -street, would count him as among the holy band -who have put their O. K. upon Volstead, Anderson, -et al. Yet behind closed doors he is a Mr. Hyde -who takes a fiendish pleasure in his dual nature. I -like him not. The lady in Chicago is at least consistent. -Were I a W. C. T. U. worker or an Anti-Saloon -member—or even a judge who tried bootleggers—I -think I should strive for a similar state -of holiness, and always be willing to let my left hand -know what my right hand was doing.</p> - -<p><span class="pagenum" id="Page_14">14</span> -The truth is that laws of intolerance defeat their -own ends. The instant you tell people not to do -something, they have an irresistible desire to do it. -There cannot be laws greater than the people themselves. -And that law is the most insidious and -dangerous of all which discriminates between the -rich and poor.</p> - -<p>I am, by temperament and training, a Conservative; -yet I confess that were I a workingman deprived -of my beer, I would find it hard to remain -calm, when, returning from my day’s labor, I was -forced to go to an arid tenement, passing the homes -of those who possessed well-stocked cellars—and -who replenished them at will.</p> - -<p>Those who labor ceaselessly for the cause of Prohibition -will tell you that it will not always be -possible to obtain liquor; that the rich, too, will come -to a state of drouth; and I have even heard some of -them say that, after all, there are many things the -rich have always had which the poor could not possess, -and drink is but another symbol.</p> - -<p>For such light arguments I have no use. I could -only say to so profound a student of human nature -and the humanities that he, along with his kind, is -sowing the wind, and will reap the whirlwind. With -money, we seem to be able to purchase anything -we desire in this land of lost liberty. One of them -is a wine-cellar. Mr. Volstead did not quite dare to -make it illegal to drink in one’s home. There might -have been a serious exodus from the country had<span class="pagenum" id="Page_15">15</span> -such a drastic law been passed—or even seriously -considered. Since Magna Charta a man’s house has -been his castle; and an invasion of the sacred precincts -would cause unlimited chaos. Yet in certain -of our States, John Doe search-warrants may now be -obtained, and officials may enter one’s dining-room -to ascertain if drinking is going on. It is unthinkable, -but it is so. But, then, there are many foolish -legislative blunders made from year to year, and -a placid and long-suffering people pay little attention -to them. I have heard men complain of the laws in -their community, who would not lift a finger to see -that they were changed.</p> - -<p>In the Far West recently, learning of a certain -intolerable mandate, I could not resist asking a -lawyer why his State stood for it. His only reply -was that they gave it little thought—until someone -from outside, like myself, came along and drew its -horrors to their attention. Then, with the going -of the stranger from their midst, they settled down -once more to calm acquiescence; or else they openly -disobeyed the law, and, when they thought of the -possible consequences, roared with laughter. For -no one had ever been put in prison for a violation -of the statute—and of course no one ever would -be. Then why have it on the books? Oh, well, what -difference did it make? The women wanted it there, -but of course they didn’t mean it, and it was a joke -anyhow, and it wasn’t worth worrying over, when -you came to think of it, and maybe the Legislative<span class="pagenum" id="Page_16">16</span> -body had to earn its salary, and how about a little -game of golf to forget it?</p> - -<p>I suppose we have come to be such a hodge-podge -nation that we are losing sight of all the old ideals -our forefathers fought for. The passage of the -Eighteenth Amendment may have been the best -thing that could have happened to us, since it has, in -a sense, aroused us to the point of anger, whereas -piffling restrictions put upon our liberty have left -us cold and indifferent. But here, at last, is something -big enough to cause most of us inconvenience—and -the American people do dislike to be inconvenienced. -We could get together on this burning subject, -where we would fail to dovetail on lesser questions. -Our heterogeneous citizenry is inflamed, as -one man; for the German-American wants his beer, -the Italian-American his red wine, the Irish-American -his grog, the English-American his ale and port, -the Russian-American his vodka, the Swedish-American -his punch, the French-American his champagne -and light wine, and so on down the line and through -the maze of races that go to form our vast Republic.</p> - -<p>Is it too late to get together? Here again we may -fail to act in concert; for the foreigner within our -gates, feeling the contagion of our national slothfulness -in a Cause, and waiting to get his cue from us, -sits back and wonders why we do not act.</p> - -<p>And many an American waits and wonders too.</p> - -<hr /> - -<p><span class="pagenum" id="Page_17">17</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_III" class="vspace">CHAPTER III<br /> - -<span class="subhead">OUR ENDLESS CHAIN OF LAWS</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">When</span> we sit back and rail at the Eighteenth -Amendment and the Volstead Act, -we lose sight of other laws equally tyrannous -which, however, do not happen to affect us.</p> - -<p>Is it generally known, for instance, that in the -State of Utah there is a statute which makes it a -misdemeanor to purchase, sell or smoke cigarettes? -One may not puff in a public place; yet one may -do so in private, the law contends. The Mormon -Church is opposed not only to drinking and smoking, -but to coffee-drinking as well; and as the elders in -that church are the big property owners in Salt -Lake City, controlling the hotels and other public -buildings, when I went there not long ago I wondered -if I would be permitted to light a weed.</p> - -<p>With soda-fountains gracing the lobbies of the -smartest caravanseries, I had my doubts; but when -I casually asked where the cigar-stand was, I was -directed to a garish counter, and beneath gleaming -glass cases I saw, to my amazement, all brands of -cigarettes on sale. I asked how this could be.</p> - -<p>“You don’t take this law seriously?” a native -said to me.</p> - -<p><span class="pagenum" id="Page_18">18</span> -“I am getting so that I cannot take any law -seriously,” was my natural answer—as it undoubtedly -would have been yours, dear reader. Yet you -and I call ourselves perfectly decent, God-fearing -American citizens, do we not?</p> - -<p>I hadn’t the slightest trouble in purchasing everything -that I wanted; yet a new fear possessed me. -After dinner, would it be possible to smoke in the -main dining-room?</p> - -<p>To make a long story short—it was. Everyone -was doing it, just as though a law had never been -heard of; and I saw Mormons consuming coffee, too. -Think of it!</p> - -<p>For almost two years now the farce has gone on. -No one thinks it curious any more that the mandate -is not obeyed.</p> - -<p>They told me of a case recently tried out there. -A small tobacco merchant—an Italian, if I recall -correctly—was arrested for selling a package of -cigarettes to a detective. (To remind people of the -august legislature and to give the tax-payers another -reason for being taxed, a minion of the law must go -about now and then, on a fat salary, to investigate -conditions.) At the trial, the package in evidence -was placed on a large green-covered table, in the -presence of the jury and the Court. It was all very -incriminating. The prosecuting attorney worked -himself into a fine fury of eloquence, denouncing the -pitiful little culprit in high-faluting language that -the wretch on trial could not possibly understand.<span class="pagenum" id="Page_19">19</span> -The majesty of the law must be upheld. This was -terrible; it was atrocious—though nothing was said -of the fact that down in the heart of the city, every -hour of the day, this same law was openly violated. -The judge solemnly charged the jury—and hastened -out to luncheon.</p> - -<p>But the twelve good men and true were out only -a few moments. They brought in a verdict of not -guilty.</p> - -<p>“How can this be?” cried the Court, in wrath. -And the counsel for the people tore his hair, metaphorically, -if not literally. The detective looked -blank. Then the foreman arose and said that the -jury had had no evidence presented to them that -cigarettes had been sold, as the package covering -the alleged malignant little weeds had never been -opened.</p> - -<p>And so the money of the good citizens of Utah -is being spent on such opera-bouffé trials—and they -continue to stand for it.</p> - -<p>A delightful state of affairs, my masters. Such -incidents should get into the papers more frequently. -For we can all stand anything but ridicule. And -when the law is thus made ridiculous, it is to laugh, -isn’t it?</p> - -<p>Or should one remain serious in the face of such -nonsense—as of course the reformers would have -us do.</p> - -<p>Well, I am afraid they will have to pass laws -against smiling before I can be brought to terms.<span class="pagenum" id="Page_20">20</span> -And even then I may break another law—and go -to jail for it. Or more likely remain peacefully at -home, as I do now, breaking so many that I have -stopped counting them.</p> - -<p>I fear that I break the speed laws—as do you. -I am afraid that most of us do. Yet I am not -conscious of good ladies of any N. S. L. S. (National -Speed Law Society) giving up tea-parties that they -may get out on the highways to watch us, and report -us, and, if need be, arrest us themselves. Yet -when you and I dine at a restaurant in a city like -New York, we are apt to note a policeman in uniform -standing in the doorway, his eagle eye upon -us, to see that we do not take flasks from our pockets. -I wonder what would happen if, under the very nose -of this representative of law and order, one should -pour from a bottle some harmless iced-tea. Alas! -I fear that the law is not to be trifled with in that -way. The dignity of our jurisprudence must not be -disturbed. One might be hauled up and arraigned -for disorderly conduct, or for some such trumped-up -charge.</p> - -<p>But it <em>is</em> a pretty picture, isn’t it, to see perfectly -good tax-payers watched and spied upon while they -eat their meals? Ye gods! and in a supposedly -free country! How our ancestors must turn in -their graves—they who wrote something, didn’t -they, about “life, liberty, and the pursuit of happiness”?</p> - -<p>Who shall define that last phrase today? I wonder<span class="pagenum" id="Page_21">21</span> -what it means—what anything means—in these -topsy-turvy times.</p> - -<p>Not long ago, in solemn conclave in an eastern -city, a holy body of men and women aroused the -whole country to its first volume of fury by suggesting -that gatling-guns be used to enforce obedience -to the Prohibition law. In their fanatical zeal, they -were seriously for murdering a number of us, and -they saw no humor in their announcement. What -were a few lives, if the LAW was upheld?—a law, -by the way, which millions of thinking people do not -believe should ever have been put upon our statutes. -No more shameful resolution was ever made at a -public meeting; yet I would not have been surprised -had it been passed, to such a state of imbecility have -we come. Why stop where we are? Let the digging -in go on; let the teeth of the law sink into your -flesh until we groan in agony. Let the busybodies -and the cranks become as thick as flies and locusts -in time of pestilence. Let them gather in battalions -around us, sting us, flay us, torture us—until at last -the vestige of manhood which is left in us may cause -us to turn upon them.</p> - -<p>I fear that the law which makes it illegal for a -minor to be admitted to a theater or a motion-picture -palace is broken every day in every city of our -broad and beneficent land. Yet I do not find pickets -from Children’s Societies, standing about to see that -the letter of the law is obeyed. We pretend to be -deeply interested in the welfare of the coming generation—so<span class="pagenum" id="Page_22">22</span> -interested, in fact, that the present -generation is forced to give up its harmless toddy, -that the children of tomorrow may be robust supermen -and superwomen.</p> - -<p>The fact is that, to the fanatic, no law is sacred -except the Eighteenth Amendment.</p> - -<p>The Fifteenth? Oh; why talk of it? The South -knows its problems, and can cope with them. Besides -... well ... Ahem!... That’s another -matter, and has no bearing upon the issue at hand.</p> - -<p>Why hasn’t it? Yet if you ask ten people in -the street what the Fifteenth Amendment is the -chances are that only one will be able to tell you.</p> - -<p>If the negro was enfranchised, he was enfranchised, -and should be permitted to vote. That is the -law of the land. It is part of our glorious Constitution.</p> - -<p>But do you hear anyone raising a row over the -fact that no one pays any attention to it in certain -parts of the South? Few zealots work for the rights -of negro voters—none, I should say. It matters little -to us that they are denied that privilege which belongs -to every citizen here, whether he is black or -white, or what his previous condition of servitude.</p> - -<p>Why should we respect one Amendment to the -Constitution, and be allowed to hold in contempt -another?</p> - -<p>Truly, the logic of the fanatic is hard to follow. -If one of them reads these words, he will merely -smile and pass on, and do nothing at all about it.<span class="pagenum" id="Page_23">23</span> -For just now he is fearfully concerned over Mr. -Volstead and the carrying out of his policies. One -thing at a time, please.</p> - -<p>His interest may keep him busy for so many years -to come that he will have the excuse of no free moment -to study the Fifteenth Amendment. But all -the Amendments should be enforced, or wiped off -the books.</p> - -<p>Riding in a train once through the sanctified State -of Kansas, where long they have refused to let you -and me buy a cigarette, I asked for a package in the -dining-car.</p> - -<p>“Can’t let you have ’em,” was the answer of the -steward. “We’re on Kansas soil.”</p> - -<p>“Then why don’t you inform passengers before -we cross the State line, in order that they may stock -up?” I inquired—humanly enough, I thought.</p> - -<p>“They should look out for themselves,” was his -rather unkind reply.</p> - -<p>I thought a moment. I did want a smoke, and -I was determined to have one, despite all the laws in -Christendom. I told my feelings to the steward. -He saw that I was in earnest. In fact, he came -to see the justice of my suggestion that passengers, -unaccustomed at that time to so many restrictions -(this happened in the halcyon, prehistoric days before -Prohibition) should be given some hint of the -approach of the State line.</p> - -<p>He came over and whispered in my ear, first -looking about him—as we are all doing nowadays,<span class="pagenum" id="Page_24">24</span> -the while we laugh at Russia and Prussia: “Say, if -you’ll drop a quarter on the floor, I’ll pick it up; -and there’ll be a package of cigarettes under your -napkin in a minute.”</p> - -<p>Thus was another holy law disobeyed.</p> - -<p>And it is done every day, O proud fanatics, who -think you are cleaning us up. And it always will be -done. For poor old frail human nature is just what -it is; and spiritual reformation can never come, as -you would have it, from without, in. We must all -work out our own destinies, from within, out. Somehow -we like the little battles with our souls. They -add a piquancy to life. They give a spice and zest -to the level days. Our appetites are our own affairs. -The moderate drinker is not a drunkard; and to -place restrictions upon him, in order to cure the -ne’er-do-well is as unjust as it would be to put the -petit larceny prisoner in the death chair along with -the murderer.</p> - -<p>Gertrude Atherton, who is wise and broad-minded, -once wrote an article against Prohibition, -which began with these sharp, incisive sentences:</p> - -<p>“I am a woman. I never drink. But I am against -Prohibition.”</p> - -<p>My own sentiments, exactly.</p> - -<p>Temperance—yes; but never absolute restrictions. -And if we continue to place them upon the people, -we shall have nothing but broken, shattered laws all -down the line; and finally something else will be -broken and shattered.</p> - -<p><span class="pagenum" id="Page_25">25</span> -I mean the dream of this great Republic. I mean -the illusion which all of us had that we were not to -live under despots. I mean the hope of a race -which believed in democracy, and finds itself suddenly -in the grasp and under the domination of -bitter tyrants, who seek to chain us, and imprison -not only our bodies, but our very souls.</p> - -<hr /> - -<p><span class="pagenum" id="Page_26">26</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_IV" class="vspace">CHAPTER IV<br /> - -<span class="subhead">TOO MUCH “VERBOTEN”</span></h2> -</div> - -<p class="drop-cap b"><span class="firstword">One</span> hears a great deal about the way the -Volstead Act and the Eighteenth Amendment -were “put over” on the American -people. It is true, as I have said, that the legislation -came upon us suddenly; but everything was -done in a perfectly legal and orderly manner. The -people did not realize how far the Anti-Saloon -League, and kindred organizations, had gone in -their work. Also, deny it as they will, the advocates -of Prohibition used the War as an excuse, as a -cloak for their propaganda. It was perfectly right -for the Secretary of War and the Secretary of the -Navy to forbid the sale of liquor to our men in uniform -after we got into the conflict. We were at -War; and it would have been as foolish for our -boys to get drunk as it would be for an actor to go -on the stage intoxicated. Moreover, in the heroic -glamour of those now happily vanished days, it was -so easy for soldiers and sailors to be “entertained” -by any and everyone. Better, then, to clamp the lid -on tightly. It was a time for efficiency; and no one -is so foolish as to contend that the consumption of -whiskey in large doses makes for a hardier race.<span class="pagenum" id="Page_27">27</span> -One believes, with St. Paul, in “moderation in all -things.” Youth, in a period of stress, needs direction, -just as children do. Having arrived at an age -of reason, man should be permitted to go his own -way. But just as we needed discipline in the ranks—physical -discipline—we needed spiritual discipline in -wartime. There can be no real argument about -this, I think.</p> - -<p>But even here we failed, partly. Liquor <em>was</em> sold -to men in uniform. And men in uniform wanted it, -and found many ways to obtain it. The forbidden -apple is always the sweetest; and the more we -restrict and preach and restrain, the more eager -certain natures will always be to achieve the very -thing we decry and withhold.</p> - -<p>The war, of course, was responsible for many -upheavals. We could not enter such a fiery conflict -without feeling its bitter after effects, any more than -one can drink immoderately and not feel ill the next -morning. That we fought to make a weary world -safe for democracy is now nothing but a joke—a -Gilbert and Sullivan joke worthy of a deathless -lyric. Indeed, a short time ago, had a librettist put -into a comic opera some of the happenings between -1914 and 1918—only some of them, mind you—his -book would have been hissed off the stage.</p> - -<p>There are some things that are true to life, but -not true to fiction. For instance, think of the irony -of our boys being sent across the seas to shoot guns -at the Prussians and begging them to free themselves<span class="pagenum" id="Page_28">28</span> -from an autocratic Kaiser, and, during their necessary -absence, being deprived of a glass of beer when -they came back home.</p> - -<p>It would be the most laughable farce comedy were -it not the deepest tragedy. I can conceive of a -brilliant first act, wherein some doughboys, parched -and thirsty, arrive in a German village and for the -first time in their lives taste real Münchner beer—the -beer of their enemy—learn to like it, decently -enough, get the recipe, and decide to take back to -their home town the one good and harmless thing the -enemy country gave them. Then, as a climax, they -arrive, wounded and depressed, a tatterdemalion -battalion, glad that the filthy war is over and done, -and ready now to drop back into calm, blissful citizenship, -with their young wives and families.</p> - -<p>But no, say a delegation of legislators on the pier -(a charming comic chorus this!), with palms extended -upright,</p> - -<div class="poem-container"> -<div class="poem w20"><div class="stanza"> -<span class="iq">“You are all wrong, bo,<br /></span> -<span class="i0">And you really ought to know,<br /></span> -<span class="i0">That we’ve rearranged the show,<br /></span> -<span class="i0">And it’s bone-dry you will go,<br /></span> -<span class="i0">And though honors we bestow,<br /></span> -<span class="i0">Now, alas! no beer will flow!<br /></span> -<span class="i2">For we’ve put one over on you—<br /></span> -<span class="i10">Pro-hi-<em>bi</em>-tion!”<br /></span> -<span class="i0">(Curtain, amid general consternation.)<br /></span> -</div></div> -</div> - -<p>Now, if a libretto with this plot development had -been offered to a Broadway manager six years ago,<span class="pagenum" id="Page_29">29</span> -it would have been turned down at once as impossible. -I can see the first reader’s report:</p> - -<blockquote> - -<p>“A great deal of whimsical imagination is shown by the -author; but the American people are very sensible, and -even Barrie and Gilbert could not be allowed to take such -liberties with life as it is. Isn’t it too bad that writers -do not know the public better? What a pity it is that -they cannot evolve plots that will be a revelation of life -as it is, not as it might be in a mad, whirligig world of -fancy? This is not good, even as satire, for the situation -could not exist, even in a realm of dreams.”</p></blockquote> - -<p>But see what has happened! This plot would -have proved a prophecy and made several fortunes -for the author and the manager.</p> - -<p>“What!” I hear some character saying in the -course of the first act, just before the curtain descends, -“do you mean to say that the boys who -fought for this democracy stuff had no voice in the -passing of the law that made it a crime to sip a glass -of good beer?” And the answer would be, “Of -course not! How behind the times you are! America -is a free country, you know. The people who -dwell in it boast of their superiority of intellect, and -rejoice in their form of self-government—though -they abrogate their votes to a pack of politicians -who are—well, to put it bluntly, dishonest. For they -drink themselves, while they bow to lobbyists who -don’t believe in drink—for the other fellow. America, -my good sir, is the land of the spree no longer; -it is the home of the grave.” (Business of laughter.<span class="pagenum" id="Page_30">30</span> -Solemn music is heard, and the entire chorus of -legislators pass with stately steps to the Capitol, -dressed in heavy mourning.)</p> - -<p>But nothing is being done about anything. The -American people, whipped into obedience, as Prussians -were never whipped, take their medicine (from -which all but one-half of one per cent of alcohol has -been extracted—and why this modicum should be -permitted to remain is only another joker in the -whole stupid business) and obey the law.</p> - -<p>Only, they don’t. They go out and break it to -bits, as I have shown; and our legislators wonder -why they have so many bad children on their hands, -and isn’t it a strange world, and why is it that folks -won’t be good and do as they are told, and what are -laws for, anyhow, and this disrespect of the law is -awful and must be punished, and someone has got -to go to jail, and why is Bolshevism growing when -we are all so happy?</p> - -<p>Ah! there is the answer in one word! We are -not happy—every one is decidedly, unequivocally, -wretchedly, miserably, gloomily, stonily, fearfully, -terribly unhappy!</p> - -<p>And why? Because one has to fight so hard for -his fun nowadays. A lot of laws have been passed, -and more are threatened, which blast one’s hopes -of the simplest kind of good times. These laws are -based on a complete misunderstanding of poor old -human nature, which needs, every now and then, say -what you will, an escape from the dreariness, the<span class="pagenum" id="Page_31">31</span> -tedium of life. The harmless diversions which in -childhood take the form of playing ball and cricket -and tennis experience a metamorphosis as we grow -older—a perfectly natural metamorphosis; and we -crave just a tinge of excitement after the harsh, unyielding -day’s work. Most Americans work hard—there -is no doubt of that. Except for a Cause. But, -seriously, American business is a strenuous, glorious -thing—a delightful game, if you will; but it is also a -serious note in the scale of our national consciousness.</p> - -<p>We need relaxation after eight or nine hours at a -desk; and the lights of a great city are the lure that -lead us forth—not to get drunk, God knows, but to -get just that fillip the weary body and brain need -when an honest day’s work is done.</p> - -<p>The people who don’t understand this, and who -are trying to rule and run America, are in a class -with those who fail to understand the psychology of -Coney Island, or any other simple pleasure resort; -who are unable to distinguish between a happy -sobriety and filthy gutter intoxication; who never -heard Stevenson’s line about Shelley, “God, give me -the young man with brains enough to make a fool of -himself.”</p> - -<p>How a glass of light wine or beer is going to hurt -a fellow is more than I, for the life of me, can see; -and if he takes his wife along, as he usually does, or -wishes to do, there is precious little danger that one -will ever fall over the terrible precipice of intoxication<span class="pagenum" id="Page_32">32</span> -and go down into the bottomless pit of complete -disaster.</p> - -<p>One might say to the reformers that for the most -part our ancestors imbibed a bit; and here we are, -thank you, and doing very nicely.</p> - -<p>There has never been a particle of evidence presented -to prove that teetotalers live longer than -moderate drinkers; indeed, one doubts if they live as -long. And it is well known that those races which -refuse absolutely to drink do not produce anything -of importance in the way of art; and surely they contribute -nothing to the cause of science. Take the -Mohammedans. Name one great artist among -them, if you can, known to you and me.</p> - -<p>Had Americans been a race of drunkards, I could -understand this sudden drastic legislation against -booze. But we were far from that. Drink was -beautifully taking care of itself. It was <i xml:lang="la" lang="la">infra dig</i> to -consume too much; and the young business man who -made it a practice to indulge in even one glass of -beer at luncheon, lost caste with his employer—yes, -and with his fellow workers. He soon discovered -the error of his ways, and no longer found it expedient -to feel sleepy in the afternoon, when others -were alert and thoroughly alive. It was only honest -to give to the concern for which he worked the -flower of his brain and heart; and so he passed up -the casual glass, with little if any reluctance, and -joined that great army of temperate men—and -women. He did not wish to be left behind in the<span class="pagenum" id="Page_33">33</span> -race for glory; and where he had taken, without a -qualm, four cocktails before a dinner-party, now he -took only one, and sometimes left a drop or two of -that in the glass.</p> - -<p>I can recall the time, not so many years ago, when -everyone drank like a glutton. Country clubs were -but excuses for dissipation, locker-rooms were nothing -but bars, with waiters running in and out with -trays of refreshing drinks. (Alas! they are worse -than that now, thanks to our reformers!) But this -brief era passed—through the common sense of the -people themselves. We did not require legislation -to cause us to see whither we were drifting. Out of -our own consciousness we knew—all but a few congenital -drunkards—that “that way madness lies.” -And so we quit, of our own volition, this heavy and -stupid drinking. The “society fellow,” worthless -from the beginning, was cut out; the man of sterling -qualities and action took his place. The “lounge -lizard” became a deservedly abhorrent creature, -unfit for the companionship of decent men. We -came, as I see it—and I have observed American life -in many spheres—to a sense of our own foolishness.</p> - -<p>Big Business didn’t want the toper. Big Business -scorned the young clerk who followed the gay lights -along the gay White Way—the fool who sat up all -night, taking chorus-girls to lobster palaces. With -that alertness for which the American is famed, our -young men realized that, to succeed in the realm of -business, they would have to turn over a new leaf.</p> - -<p><span class="pagenum" id="Page_34">34</span> -And they did it. I ask the reformers to deny this -if they can. There has been no menace from drink -in this country for many and many a year. We -never drank as the English laboring man drinks—or -even as the Germans consume beer. We were, as -the whole world is aware, a race of moderate drinkers—omitting -always those few and necessary exceptions -which only serve to prove the rule.</p> - -<p>Yet, as a nation, we were indicted, held up to ridicule -and scorn. We were told that we could not -control our appetites, and so our benevolent Government -would control them for us. And this in the -face of the fact that we <em>had</em> learned to control them.</p> - -<p>I can likewise recall the time, not so long ago, -when crowds of children would follow some forlorn -drunkard being hauled to the station-house. Even -though the corner-saloon continued to flourish long -after you and I grew up, how many years is it, I ask -anyone, since we have seen this sorry spectacle? -And as for seeing a man lying prone in the gutter—that -seems a prehistoric incident to me. Yet such -incidents ceased long before national Prohibition -became an outrageous fact.</p> - -<p>Taking care of ourselves, still we had to be taken -care of! Ah! in our frenzy to become too pure, let -us remember the dangers of benevolent autocracies. -The State has one definite function, the Church -another. The mingling of Church and State—is not -that one of the pitfalls we have long sought to avoid? -If the former looks after our souls, the latter should<span class="pagenum" id="Page_35">35</span> -be satisfied to see to our bodies—and that would be -duty enough.</p> - -<p>Let us do a little figuring.</p> - -<p>There are, approximately, 110,000,000 people in -the United States of America. Of these, let us say -that 40,000,000 are men and 40,000,000 women. -Of minors there are perhaps 30,000,000 more. -Among the last named there would be very little -drinking. I imagine that of the male population, a -considerable number do not imbibe at all. I would -rather err, giving the opposition the benefit of the -doubt; and so I will say that 20,000,000 males drink -in moderation, and that 10,000,000 females do the -same. This gives us, out of a total population of -110,000,000, only 30,000,000 people who care anything -at all about liquor. Of that number, how -many, do you think, are what might be called immoderate -drinkers? Five million? That, it seems to -me, would be a fair estimate—more than fair. But -let us be generous to a fault.</p> - -<p>Of that five million, how many are congenital -drunkards? A million? Perhaps; though I doubt -that even that number have sunk so low. But let us -say that two million have done so.</p> - -<p>Then it has become necessary to deprive 30,000,000 -people of a simple form of pleasure because -2,000,000 do not know how to manage their souls -and bodies. It would be equally ridiculous to put -an end to connubial bliss because there are a few -libertines in the world.</p> - -<p><span class="pagenum" id="Page_36">36</span> -I remember, as a boy, an unjust teacher who kept -the whole class in because one pupil whispered—and -she could not discover the culprit. I never could -understand her perverted sense of justice. We were -guilty along with the disloyal little rascal who had -violated a rule. We must suffer because he would -not declare himself.</p> - -<p>But drunkards cannot conceal their wickedness. -We know them. We spot them. They are obvious -in any community. “The town drunkard” was as -well known as the town pump. It has always been -on our statutes that intoxication in public constituted -a misdemeanor. The penalty for a misdemeanor is -arrest, trial, and, if found guilty, imprisonment or -the payment of a fine.</p> - -<p>Few would get drunk if they knew they would be -arrested. We had that law; we failed to enforce it. -Hence the present inelastic laws—heaps of them—which -only complicate matters, and make public -morals no better than they were before.</p> - -<p>No better? Worse. For drunkenness is rampant -in the land, as it never has been. Prohibition does -everything but prohibit. The very thing it sets out -to do it fails to do. That is as self-evident as the -misery in crowded tenement districts in great cities. -There is no denying it. People who never drank -before, drink now—in enormous numbers.</p> - -<p>Why is this? Because it is perfectly human to -wish to do what one is told not to do. You know the -story of the woman who, just before leaving the<span class="pagenum" id="Page_37">37</span> -house, said solemnly to her children, “Now, my -dears, while I am gone do not play with the -matches.” When she came back the house was on -fire.</p> - -<p>All the emphasis having been placed on <em>not</em> drinking, -people are thinking of nothing <em>but</em> drinking. -Public bars have been transferred to public coat-rooms, -and we have the spectacle of numerous -“souses” before a banquet, premature roisterers who -become so tight that they can hardly get through a -course dinner. It is disgraceful, but I fear it will -never stop. For impositions breed contempt for all -law and order.</p> - -<p>Passive content finally breeds active rebellion. -Our lawmakers should have the wit, the vision, the -common sense to realize that. For a whole nation -to be forced to be moral by statute and mandate is -so ridiculous that it must make the gods laugh—particularly -the goddess Hebe when she brings in the -flowing bowl. She must almost spill the contents of -her famous cup which she has been carrying these -many cycles.</p> - -<p>There is always a reaction against enforced goodness—against -enforced anything. But no sour-visaged -sarsaparilla drinker ever realizes that. He -puts over his “reform” and imagines that all is well. -He cannot hear the shuffling of feet, the movement -of armies in the dim distance. If he does, he mistakes -it for applause.</p> - -<p>The fact that Americans were taking care of themselves,<span class="pagenum" id="Page_38">38</span> -so far as the drink question was concerned, -makes the sudden appearance of the fanatics all the -more non-understandable. They came upon us with -gusto. They are pathological—any doctor will tell -you that. And the American people, who believe, I -am told, in life, liberty and the pursuit of happiness, -permit themselves to be governed by a pack of pathological -cases who, themselves, should be in wards, if -not in padded cells.</p> - -<p>And they are not content with this initial victory. -As the Irishman put it, “If this is Prohibition, why -didn’t we have it long ago?” And a visiting Englishman -exclaimed, looking our country over, “Prohibition?—When -does it start?”</p> - -<p>They are going after our tobacco, our golf and -motoring on the Sabbath; and they are going to dip -into our cellars and rob us of that which we used to -keep there, oh, so seldom, but now have in great and -wise abundance.</p> - -<p>It never occurred to any of us in the old, halcyon -days when one could loll on the back platform of a -horse-car or trolley with the glorious multitude, and -smoke there, to keep a supply of liquor in our homes. -If we were giving a dinner, and wished to oil the -social wheels just a bit to start the machine going, we -may have sent to the corner and bought a bottle of -gin and a little vermouth, and perhaps a quart of -simple California claret, and let it go at that. No -one disgraced himself. It was all very quiet and -serene and sane and nice. We hurt no one; we did<span class="pagenum" id="Page_39">39</span> -ourselves no injury (any physician will tell you that; -he needs whiskey in his practice, if he is the right -kind of physician), and a pleasant time was had by -all, as the country newspapers say.</p> - -<p>But from that undramatic drinking what, because -of Mr. Longface, have we leaped to? To the hip-flask, -the sly treating in coat-rooms—and other -places I need hardly mention—long before dinner -begins, so that one may be sure of a sensation which -no decent man should care to experience.</p> - -<p>A nervous tension is in the air, putting us all back -twenty years. I assure the reader that never once in -my life did I carry a flask of brandy, even when I -was going on a long and dusty and tedious journey; -yet my dear mother was as certain that I should take -one as that I should wear rubbers when it rained; and -I let her believe I did both, for the sake of her peace -of mind.</p> - -<p>Was my mother a criminal, for her quiet advice? -Not then; but she would be considered so now, with -Mr. Volstead’s act on the records of my beloved -land. Actually, I am a criminal if I take a sip outside -my home—in my club, in my travels. If I transport -a little of that whimsical stuff of which poets have -sung so beautifully and often, I can be dragged to -jail—if I am caught. Boo! What a mockery of -personal freedom it all is!</p> - -<p>I heard a fine citizen say not long ago—a man of -wealth and position, a publicist, a man of affairs (I -am using the word in its proper sense!), a man who<span class="pagenum" id="Page_40">40</span> -loved, very definitely, the great America that used -to be—that for the first time in his life he had the -despicable thought that he would like to withhold -something, if he could, on his income tax. He felt -little compunction for the base thought. Why should -he hand his hard-earned money over to a Government -which deprived him of so much of his personal -liberty and held over his head the dire threat of -further deprivations?</p> - -<p>What was this man getting out of America? he -asked me. Just a dull time, to be truthful. He -was but one more waffle from the great national -waffle-iron. When he wanted diversion he must pack -up and fare to other lands, where living is still living, -crave a passport, swear that he had paid last year’s -tax, produce a receipt he had never received, and -promise to pay this year’s, and either not stay away -too long or see to it that his lawyer attended to it -for him.</p> - -<p>Everyone is ticketed, docketed, labeled, put in a -card-index. This tabulation of citizens—how we -smiled at it when the Prussians carried it to the extremes -they did! Poor creatures, we said of them, -to stand for such arrant nonsense.</p> - -<p>A jolly state of affairs! It makes one feel so -loving toward one’s Government, doesn’t it? We -are all children, and Uncle Sam is no longer a symbolical -old figure, but an avuncular autocrat who -goes about, nosing everywhere, almost invading the -sanctity of our homes (ah! he may do it yet!) in<span class="pagenum" id="Page_41">41</span> -his senseless quest for this and that. But just as -Santa Claus could never get down every chimney -in the world, one feels certain that Uncle Sam cannot -pry into every wine-cellar, and examine, if he -had all eternity, every tiny bank balance. Moreover, -my friend will not cheat on his income tax. He, at -least, is decent.</p> - -<p>Let us not delude ourselves that we are living in -a democracy any longer. Laws were passed from -time to time in the history of our great country, -without the people’s vote; but they were laws that -served our best interests and did not interfere with -our personal liberty. When our rights as citizens -were molested, we got up on our hind legs and -yelled. “What is this?” we naturally inquired. -“Why, it is what has always been done,” came the -answer from the bar of injustice. And that was -literally true. Only we didn’t know it. “You can’t -break the Constitution,” was a further argument. -“Once a Federal Amendment, always a Federal -Amendment, you know.”</p> - -<p>And why, pray? If the good old iron Constitution -cannot be tampered with, it is high time that it -was. If our forefathers who framed it meant it -to be an utterly inelastic document, they didn’t count -on the elastic minds of the American people. “New -occasions teach new duties, time makes ancient good -uncouth,” said the wise James Russell Lowell once; -and nothing is more certain than the fact that the -moment has come when the people should be<span class="pagenum" id="Page_42">42</span> -heard, and not a handful of legislators, who rushed -madly to lay in a stock of wine and spirits when -they saw which way the wind was blowing their -straws.</p> - -<p>It grieved me, as a good American, to hear an -Englishman say the other evening before a lot of -my fellow-countrymen that his idea of a complete -life would be to spend nine months of the year in -England as a British <em>citizen</em> and three months in the -United States as an American <em>subject</em>. There was -much mirth; but somehow I could not laugh and I -hope these Constitutional Amendments, coming so -thick and fast, are not causing me to lose my sense -of humor.</p> - -<p>It was a statement in which so much of truth was -compressed that I shuddered; and I thought of all -the forms of <i xml:lang="de" lang="de">verboten</i> that have lately been foisted -upon us. I recalled how, ten years ago, a friend of -mine had returned from Germany and told me, -laughingly, how the poor subjects of the Kaiser -were eternally forbidden to do this and that. It was -<i xml:lang="de" lang="de">verboten</i>, <i xml:lang="de" lang="de">verboten</i>, <i xml:lang="de" lang="de">verboten</i> everywhere the eye -turned—in the parks, in restaurants, in the galleries, -in the theaters—everywhere. Always some petty -restriction, some tyrannical interference with the -masses. And he said then how contrary to the -broad American spirit was this constant stress on -“Thou shalt not.” We both smiled over it, and -pitied the much-ruled and controlled Germans. -“What a glorious land we live in,” we said, in unison,<span class="pagenum" id="Page_43">43</span> -lifting our glasses, “and how proud we are of our -freedom.”</p> - -<p>But could we honestly say that now? Do not let -us be hypocrites. Before foreigners, we bravely and -loyally uphold our form of Government, because -one does not like to cleanse his soiled linen in public -or reveal a family quarrel; but deep down in our -hearts—I hear it discussed everywhere I go—is a -feeling of apprehension; and the everlasting question -is being asked, “Whither are we, as a people, -being led?”</p> - -<p>If the political machinery is being clogged with too -many foolish and unnecessary laws that are merely -jokers and venemous restrictions, why do we not -speak out in meeting, call together groups of citizens, -as we are privileged to do under the Constitution -(unless another Amendment has been added -since this was written), and protest against this -extravagant misuse of power?</p> - -<p>The reason England has always been such a comfortable -country to live in is because of the spirit -of constructive criticism that has filtered through the -nation. If a Londoner does not like the service on -the tram roads, he writes to the <i>Times</i> about it, and -the matter is adjusted. He has the backing of all -his neighbors—and ten to one they have written, too. -But how many Americans, insulted in the subway -or by some public servant, will sit down and write -a letter of complaint?</p> - -<p>We stand meekly like droves of cattle behind<span class="pagenum" id="Page_44">44</span> -tapes in motion-picture “palaces,” pressed by eager -little ushers endowed with a momentary authority, -until released and permitted to fumble our way down -dark aisles to such seats as we can find. We allow -grand head-waiters to hold us in check when we -enter a smart restaurant, not indeed behind tape, -but behind a silken cord—which does not mitigate -the insult, however; and we humbly beg them to -see if they can get us a table—and some of -us slip them a greenback to gain their august -favor.</p> - -<p>We allow ticket speculators to buy up all the -best places in our theaters, adding what profit they -demand, and say nothing—though there is a statute -forbidding such extortion. “Ah, we’re here for a -good time, and we don’t care what it costs us,” is -the answer of the average visitor to the metropolis -when he is asked why he does not protest against -such unjust measures. I have known only one rich -man to refuse rooms at a fine hotel, simply because -he felt it wrong to pay seventeen dollars a day, no -matter what his bank balance. It is people like that -who help the rest of us to a return to normal conditions. -He thinks of someone but himself.</p> - -<p>Yet we talk of Prohibition as though we were -manfully trying to save the next generation from the -perils of drink! We are doing nothing of the sort. -We are merely bowing our craven heads to a mandate -because we have neither the courage nor the -energy to speak loudly against a stupid law foisted<span class="pagenum" id="Page_45">45</span> -upon us by an organized minority. Our altruistic -purpose is not apparent, for it never existed.</p> - -<p>“Ah, but,” someone whispers, “the majority want -this and that; so we must give in to them.”</p> - -<p>Even so, why should we give in to them? The -majority of people prefer flashy, meaningless movies -and Pollyanna and Harold Bell Wright and chewing-gum -and cheap jewelry and Gopher Prairie and -slapstick humor and loud laughter and a crowded -beach on Sunday, and hideous neckties and shirts -and summer furs, and a hundred and one other -things entirely foreign to my desires; why, then, -should I walk in their path, jump over the hurdles -that the multitude puts in front of me?</p> - -<p>Arnold Bennett once said that the classics were -kept alive, not by the man in the street, but by the -passionate few. He was dead right. In the words -of your beloved majority, he said a mouthful. Now, -because my neighbor and my neighbor’s neighbor -have a weakness for the best-sellers (not the best -cellars), and find a robust pleasure in never thinking -of anything beyond baseball, I do not see why I -should be forced to indulge in a stupid Pollyanna -optimism and forget and neglect my Keats and -Shakespeare.</p> - -<hr /> - -<p><span class="pagenum" id="Page_46">46</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_V" class="vspace">CHAPTER V<br /> - -<span class="subhead">MAKING THE WORLD SAFE FOR DE-MOCKERY-CY</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">What</span> psychological effect will this constant -contempt for the law of the land have -upon us as a people? Surely something -dire and dreadful is seeping into the national spirit, -and we are in grave danger of coming to a human -dislike of all laws, in consequence.</p> - -<p>We talk of Prohibition as a good thing for the -generations to come; but how about disregard for -the law as it will affect our children and our children’s -children? Drunk, they might not be responsible; -sober, to their higher selves they are accountable -for their shortcomings in regard to our -statutes. A lack of veneration for an orderly carrying -out of a mandate is a serious thing. But to hear -the young people talking these days about the sanctity -of the Eighteenth Amendment is not a heartening -experience. They jeer at it, and openly roar -with laughter when it is mentioned.</p> - -<p>No one wishes danger to overwhelm us; but it -will, unless something is done to remedy the present -abhorrent conditions, which, I repeat, are making -most of us unhappy. We are entangled in too many -legal nets; and it is not pleasing and edifying to see<span class="pagenum" id="Page_47">47</span> -an ex-Judge or jurist who came out strong for Prohibition -sitting night after night in a certain restaurant, -imbibing his cocktail, creating scandal in a -more than crowded room. He is not in his cups -these days—only in his demi-tasses. I wonder if he -knows what an example he sets to the flappers down -the room, and with what derision his high-and-mighty -public utterances are now greeted whenever -he opens his mouth to speak between drinks?</p> - -<p>I hear men and women saying all the time, -“America is no place to live now. The streets of -our large cities at night look like villages in some -remote district. Dull, dull, and drab, drab. One -more tyrannical law, one shadow of that deep blue -which imperils us, and we will go and live abroad—anywhere -but here.”</p> - -<p>Is that pleasant talk to listen to? Does it make -one proud to be an American? It is not well to have -such feelings fomenting in the hearts of those who -honestly and sincerely love their native land—love -it so much that during a terrible war they were -proud to offer to die for it, or allow their sons to -die for it.</p> - -<p>But this is not the time to desert the old Ship -of State. Now, as never before, the United States -needs its best blood, its best workers, its best citizens, -to put the country back where it belongs.</p> - -<p>It is because I love America so, that I do not -wish to see her make a complete fool of herself—as -she is doing every day now. And I say it as loudly<span class="pagenum" id="Page_48">48</span> -as I can, that these pernicious laws, this spirit of -<i xml:lang="de" lang="de">verboten</i>, is only making the world safe for De-mockery-cy.</p> - -<p>It was Montaigne who said that he was “of the -opinion that it would be better for us to have no -laws at all than to have them in so prodigious -numbers as we have.” And that was how long ago? -What would he write and think of America if he -could live among us today?</p> - -<p>And further he said, knowing human nature as -few of us know it: “There is no man so good, who, -were he to submit all his thoughts and actions to -the laws, would not deserve hanging ten times in his -life.”</p> - -<p>Yet the silly law-makers go on with their silly -codes, piling Pelion on the top of Ossa, till all sight -of man’s frailty is lost. “A little folly is desirable -in him that will not be guilty of stupidity.”</p> - -<p>Yet the letter of the law must be upheld, and the -very men who make our statutes continue to break -them.</p> - -<p>The joke may go too far. The American people -may remember that “eternal vigilance is the price -of liberty” and be willing to watch and wait, lest that -most precious of all things be taken away from -them.</p> - -<p>There can be no disputing the fact that a law -that is not enforced is worse than no law at all. -Law and order—that is the phrase. But America -is a country of law and disorder; and the worst of<span class="pagenum" id="Page_49">49</span> -it all is that the reformers refuse to stop where they -have. They are preparing to plunge us into even -deeper gloom. Why should they rest, having been -so eminently successful already?</p> - -<p>We used to laugh tolerantly at the compulsory -military service of the Germans, under the Kaiser; -but isn’t a compulsory seat upon the water-wagon -just about as autocratic?</p> - -<p>“Dry Country, ’Tis of Thee,” should be our national -anthem—since we are seriously looking for -one to take the place of the too-difficult-to-sing “Star-Spangled -Banner.” But no; the words would not -ring true. For there is a wetness all around us, -and the lyric of a national anthem should at least -seek to express the ideals and aspirations of a -people, in terms of truth.</p> - -<p>Yet before Prohibition, who would have thought -of picking out America as the wettest of all countries? -We were just moderately so. We had no -desire to get a reputation for excessive dampness. -It is the drys who have given us that reputation—against -our will. And the pity of it is that the tag -will remain—even after we are sanely and becomingly -wet again.</p> - -<p>The reformers wish no going back to even a -semblance of the old ways and days. They wish -us to conform, sedately, forgetting that Emerson -once wrote, “Whoso would be a man must be a non-conformist.”</p> - -<p>And somehow I go on believing in Emerson.</p> - -<p><span class="pagenum" id="Page_50">50</span> -There was some wild talk, not so many months -ago, that it might become lawful to dispense government-approved -beer from the soda-fountains; -but sensible people who care for their toddy—delectable -word!—were not thrilled. They no more -wish beer served from soda-fountains than they wish -soda-water served from soda-fountains. They want -their toddy. And when they say so, firmly, “Oh, -dear!” and “Oh, my!” and “This is awful!” cry -the Prohibitionists.</p> - -<p>I always somehow get back to that argument of -the upholders of the Eighteenth Amendment to the -effect that Prohibition is a good thing—particularly -for the next generation. I feel like asking them, -in absolute seriousness, Then why not look to the -soda-fountain?</p> - -<p>When I was a lad we used to drink simple little -things like vanilla, strawberry and chocolate sodas—at -five cents apiece. And we were happy over -harmless lemon and cherry phosphates. Yet the -other day when I chanced to step into a confectionery -shop, I was nonplussed to hear sophisticated -flappers (what tautology!) ordering raspberry nut -sundaes and banana splits with chocolate sauce, and -other concoctions which my bewildered brain refuses -to remember. And when I saw the little silver -dishes heaped with these vicious sweets, I was horrified. -Gluttony, pure and simple. And what of -dyspepsia, and indigestion, and complexions, after -partaking for a few weeks of such stuff? Does no<span class="pagenum" id="Page_51">51</span> -one care enough for the coming race to do something -about it?</p> - -<p>I have seen hulking men enter such a shop at -nine in the morning, hastily tear off an ice-cream -soda, containing I know not what flavoring, and -dash out again into the world of business. What -must the lining of their stomachs be like? No -habitual drunkard could show a worse record, I -imagine. And of the two evil-doers, I would prefer -the latter. At least he is human. The soda-fiend -is a sensualist, knowing nothing of the healthy -ecstasy of comradeship. He is a solitary drinker of -the worst sort; and though he may not stagger out -of the place, he is certainly unfit to begin his day’s -work—just as unfit as the fool who makes it a practice -to take a nip of Scotch before breakfast.</p> - -<p>Seriously, here is work for the reformers. Let -them investigate the kind of mixtures that are served -to our youngsters at soda-counters. One-half of -one per cent of raspberry should be all that is permitted. -A solemn bill should be introduced into the -next legislature, and carried by an overwhelming -majority. It is unthinkable that our youth should -be exposed to the evils of sundaes, sold openly all -along our avenues and boulevards, in every city and -town and hamlet. It is madness to let this traffic -go on.</p> - -<p>And there are not even any swinging-doors to -hide the sundae fiends. Shamelessly they imbibe -their drinks with the world passing the unshaded<span class="pagenum" id="Page_52">52</span> -windows, looking in at them. A shocking state of -affairs. Yet who is doing anything about it? No -wonder little Alice, of the pale face, does not eat -much luncheon. Her mother worries over her -anemic condition; yet she will not take the time to -investigate the child’s daily habits. She never inquires -how she spends her allowance. And young -Bobby, who formerly was so rosy and plump, deteriorates -into a consumptive-looking boy. No, he -doesn’t smoke; and as yet he has not acquired the -hip-flask habit. What, then, is the matter with him, -that he drops out of baseball and has no heart for -tennis; that he is backward in his studies, and sleeps -restlessly? On his way to school he stops in at the -soda-fountain. And on his way home, he stops in -once more. Surely the Government should issue -cards, and make it a misdemeanor for a clerk to -serve more than one soda a week to minors—and -grown-ups. The Board of Health should do something -about it.</p> - -<p>You see, if it isn’t one thing it’s another in this -troubled world. No sooner do we mop up the saloon -than we find other places in need of mopping. Parents -and social workers, here is a job for you. Get -at it, at once. Forthwith. Instanter. Immediately. -The future welfare of the race is at stake.</p> - -<p>If it were only ginger-pop that the children drank! -But here again one cannot control the appetites of -human beings. We have closed the corner saloon. -Is there no way of closing the corner soda-fountain?</p> - -<p><span class="pagenum" id="Page_53">53</span> -It is curious, in these days when there is so much -understanding, even among flappers, of psycho-analysis -and complexes, that no one seems to have -called attention to the fact that the prohibitionists -are the greatest living examples of certain distressing -inhibitions.</p> - -<p>That the majority of us should find ourselves -suddenly dictated to—told, literally, what we should -and should not put into our own little private tummies—is -beyond belief. What does a man who has -never taken a drink know of the psychology of -drink? What does he know of good-fellowship, of -the poetry of the toast, of the beauties of <i xml:lang="de" lang="de">Brüderschaft</i>? -I would as soon think of Dr. Mary Walker -telling <em>Romeo</em> and <em>Juliet</em> how to make love.</p> - -<p>The set lips of the fanatical reformer are the -outward evidence of an interior set of corroding -inhibitions. Unable to get relief from the tedium -of existence in, say, a town like Gopher Prairie, -the subject moves, in his or her later years, to Minneapolis -or some other larger city, and is next heard -of as a professional reformer of one sort or another.</p> - -<p>I remember a young man in my class at school -who was impossible as a playboy because he always -wanted to rule the roost, to dictate everlastingly the -manner in which any game we sought to enjoy should -be played. He was never content to be just one of -us. Oh, no! He must run things, order us about, -be a dictator and a little czar, an autocrat of the -most unbending kind. We despised him. He could<span class="pagenum" id="Page_54">54</span> -never fall into line and be boyishly human. He -could not yield; he could not adjust himself to the -spirit of fun which we others abandoned ourselves -to with youthful ease. He was just a common scold.</p> - -<p>He disappeared from our school-yard, and from -our lives. Years later, when the War broke out, he -turned up in a remote town as a shrieking radical. -Nothing was right. He had worked out his destiny -in the only way such a nature as his could possibly -do. He wasn’t a good sport. Worse, he wasn’t -even a good citizen. He didn’t amount to a row of -pins. He wasn’t even worth interning. He wasn’t -interesting enough to get the slightest notoriety—he -wasn’t what the newspapers term good copy; and -that broke his heart.</p> - -<p>I have no doubt that now, with the War over, -he is a professional prohibitionist—or do I mean inhibitionist?—with -a soft job at some desk. He -would never be happy anywhere; but in such a position, -interfering with normal people’s happiness, he -would be as happy as he could be.</p> - -<p>It is exactly men and women like him who have -slipped over some of the laws we now have and -who are planning statutes against staying away from -church on Sunday. But it’s an old story. The intelligent -people in every community are forever -allowing themselves to be duped by fortune-tellers -and ouija-board manipulators, table-tippers, snake -doctors and bell-tinkling “mediums.”</p> - -<p>A dog-in-the-manger spirit is in the land. “I<span class="pagenum" id="Page_55">55</span> -don’t like a glass of wine—I’ve never tasted the -nasty stuff—so I don’t want you to taste it!” This -is the cry of the paid reformers who eke out a living -by taking up some fad, and, having nothing interesting -of their own to reveal, peep and eavesdrop and -reveal the interesting traits of their innocently jovial -and erstwhile happy brothers.</p> - -<p>We have enough complexities in our modern life -without having the complexes of these would-be and -self-constituted evangelists made public day by day. -Of course, the natural human being is he who indulges -in everything—in moderation. Show me the -man who constantly denies himself something, and -I will show you an abnormal man. He becomes -obsessed with his “goodness,” as he dares to call it; -and he cannot talk ten minutes without mentioning -his <i xml:lang="fr" lang="fr">idée fixe</i>. He revels in it. He gloats over it. -He delights in it, just as the monks of old delighted -in the hair-shirt and self-flagellation. He thinks -he is better than we are. Soon he begins to preach. -He is like the old woman who committed a sin in -her early youth and still loves to talk about it. He -does not know how boring he is. He does not know -how little a part he plays in society. He is just a -bit “off,” a trifle queer.</p> - -<p>The next step in this form of madness is to try to -impose one’s own ideas upon one’s neighbors. Soon -proselytizing must be done. The pent-up energy of -years must be released in middle age. Steam must -be let off. Blood pressure must be reduced. If<span class="pagenum" id="Page_56">56</span> -these “cases” would only lock themselves up in cells -and flagellate themselves, they would find comfort -and release from their agony of mind, and a weary -world would be grateful. But no! they must stalk -through the land, imposing their so-called moral -rectitude upon the rest of us.</p> - -<p>Good-naturedly we have, up to now, humored -them, smiled tolerantly at them, secretly pitied them. -But with shrewdness and cruelty they have plotted -and planned for years, quietly banded together, -until now they are joined in a great brotherhood; -and instead of locking themselves up, they have -locked us up—and maliciously, gleefully thrown -away the key. We should have been their keepers. -Instead, they are ours.</p> - -<p>An occasional little spree, as a wise Frenchman -once said, never hurt anybody. It is necessary for -people of imagination to romp and play once in a -while. What form that romping and playing takes -is their own affair—so long as they do not injure -their neighbors. They may express themselves in -terms of smoking, of flirting, or sitting up all night -and talking their heads off; or they may take a long -walk in the rain; or go to the movies for several -hours; or read an exciting but impossible detective -story—which is by no means a waste of time; or -dance; or go fishing; or attend an Elks picnic; or -buy their wives a diamond bracelet; or indulge in an -after-dinner speech; or see a foolish musical comedy. -There are a thousand and one ways to let off steam.<span class="pagenum" id="Page_57">57</span> -They come back from any one of these “dissipations” -a hundred per cent better in mind and body, -and plunge into the serious business of life with a -fresh stimulus, a new zest.</p> - -<p>But the prohibitionist—what form do his inhibitions -take? <em>His</em> orgy is one of complete surrender -to an orgy of holding in, forever. He never lets -go—never—not for one second. And just as the -hermit enjoys his self-imposed solitude, he revels in -his self-inflicted punishment; and, without wishing to -be cynical, I say that he gets a certain drab satisfaction -in this stupid disciplining of himself. The -remorse of the morning-after is unknown to him. -But without realizing it, every morning he experiences -a mental hang-over. He has never lived -through one normal day. The pendulum, for him, -swings completely in the other direction; and he is -happy only when he is unhappy. But—and here’s -where you and I come in—he is not content with this -exquisite unhappiness. He wants us to be unhappy, -too!</p> - -<p>Pathological, you see. Heretofore, the temperance -people looked upon all drinkers, heavy or light, -as wounded souls—medical cases. But we who -drink and smoke and laugh in moderation are the -normal people of the world. The others are those -who are in need of treatment. The tables have -been turned, thanks to psycho-analysis, and Freud, -and the open door that leads to the light of medical -science. A bunch of sour grapes have robbed us of<span class="pagenum" id="Page_58">58</span> -our sweet grapes. Why? Because they could not -stand the thought of Joy being in the world. They -want everyone to be as miserable as they are.</p> - -<p>Having succeeded so easily in taking away one of -our joys, do you think these fanatics are content? -If so, you know them not. Their victory has been -accomplished so simply that, of course, they are now -looking about for new worlds to conquer. They set -their mouths, grit their teeth, look us over, impale us -on a pin and see where next they can turn on the -screws. They take a fiendish delight in inflicting -punishment. That is part of their disease. Their -suppressed desires find expression in robbing us of -our natural pleasure. They are cunning and keen -and wise, with the curious and dangerous wisdom -of the insane. They think they are sent into the -world to redeem it. They have the Messiah complex. -They have the delusion of greatness. And -when we venture to question their methods and motives, -they hurl invectives back at us and cry, “You -are persecuting us!” They have paranoia, you see. -They would kill us, actually, rather than give us one -sip of beer.</p> - -<p>And these are the people who have, temporarily, -gained the upper hand! Mad on one subject, they -appear perfectly balanced while lobbying in the legislatures -of the land. Obsessed with one idea, they -can talk intelligently on every other subject; but -sooner or later they will switch the conversation to -their pet theory—and then I ask you to note the<span class="pagenum" id="Page_59">59</span> -gleam in their eyes, see their lips twitch, watch how -nervous they become! Yes, pathological cases, every -one of them!</p> - -<p>When will the hard-shelled prohibitionists understand -that it is not drink <i xml:lang="la" lang="la">per se</i> that thinking people -are fighting for? The people are roused to action -and alarm because of the dangerous precedent that -has been set. If we, as a nation, are to be deprived -of legitimate and friendly egg-nog (lovely word -again!) when New Year comes round, why, in the -name of heaven, can we not be deprived of eggs? -They make one bilious, I am told. And biliousness -is bad for one. Come, let us correct it.</p> - -<p>But, having taken away the dangerous egg, let us -poke about and see what else one can remove. Ah! -there it is, of course! Coffee! Coffee makes one -nervous. Nervousness is awful. Coffee keeps one -awake. But why remain awake in a world that has -lost its glamour? Remove our coffee, then! Gladly -we permit you to take it; for then we can go blissfully -to sleep and forget our worries and cares.</p> - -<p>It has been loudly denied that lobbying is being -done to bring about the passage of further drastic -laws; but the busybodies are secretly working, night -and day. The deadly work goes on, unabated. Of -course they are not crying their methods from the -housetops. Sinister forces are burrowing deep, and -frightened legislators will be forced to follow the -path they took before the Eighteenth Amendment -went through.</p> - -<p><span class="pagenum" id="Page_60">60</span> -You remember that wonderfully satirical story of -Mark Twain’s, “The Man That Corrupted Hadleyburg,” -don’t you, and what happened to a town that -imposed righteousness upon the inhabitants? All -temptation having been beneficently removed, when -one little chance came to misbehave, the entire village -leaped at it and was thoroughly corrupted.</p> - -<p>There is some fun in passing a saloon, in going -voluntarily on the water-wagon, in refusing that -extra cocktail; there is none whatever in having -someone else do it for you.</p> - -<p>Our prayers may be dictated to us next. But -something tells us that if prohibitionists formulate -them, they have no more chance than ours of being -heard in heaven. A world made safe for us by reformers -is the last kind of world we care to dwell in. -For reformers are the kind of people who paint -heaven as a stupid city of golden streets and pearly -gates, and incessant singing and playing of harps. -Well, as Omar said, “thy heaven is not mine.”</p> - -<p>Prohibitionists, I am genuinely sorry for you. -You need not pity me, for I shall go on doing as I -please, despite you. And so will millions of other -good Americans. Does that make you frantically -desperate? Does that make you have another attack -of your symptoms? Do you puff up with rage -and despair when you hear me say such things in -open defiance of you?</p> - -<p>Keeper, bring in the straitjacket, and sweep out, -as Goldberg says, padded cell No. 7,894,502,431.<span class="pagenum" id="Page_61">61</span> -For the pathological ward is overcrowded today. -They have just brought in a frightfully red-faced -man who believes in the Blue Laws; and he must -have gone quite mad, for he is singing what he claims -is the new national anthem, “Three Cheers for the -Red, White and Blues!”</p> - -<hr /> - -<p><span class="pagenum" id="Page_62">62</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_VI" class="vspace">CHAPTER VI<br /> - -<span class="subhead">THE INFAMOUS VOLSTEAD ACT</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">There</span> are seven Articles in the original -Constitution of the United States of -America.</p> - -<p>There are nineteen Amendments (to date).</p> - -<p>The Fifteenth Amendment has never been taken -seriously in certain of the Southern States; and the -Eighteenth Amendment has caused more dissension -than any law ever placed upon our statutes. The -Volstead Act, which is but an enforcing act of the -Amendment, is highly unpopular. After three years -of trying to coerce the people into obeying a mandate -in which millions of them do not believe, are -we to continue to do so, or are we, sensibly, to wipe -it out?</p> - -<p>The money consumed by the Government in attempting -to have this vicious law obeyed and respected -should cause every American to blush. We -are gradually—nay, swiftly—getting to a point -where practically every citizen will be watched and -guarded by another. One’s daily habits will be observed—perhaps -by one’s next-door neighbor, or -the janitor in one’s basement. There is no telling<span class="pagenum" id="Page_63">63</span> -who is a detective nowadays. And there is no telling -who is a bootlegger. Maybe one is the other.</p> - -<p>How far away we have wandered from those -early principles of the signers of the Declaration of -Independence and the makers of the Constitution! -“O Liberty! Liberty! how many crimes are committed -in thy name!” cried Madame Roland; and -Bertrand Barère exclaimed, “The tree of liberty -only grows when watered by the blood of tyrants.”</p> - -<p>The Volstead Act is the most tyrannous document -a people have ever had thrust upon them. I wonder -how many Americans have read it, studied it, -pondered over it? I wish we might read the -thoughts of all the men who cast their votes for -this infamous piece of legislation. I wish we might -search their consciences, know of their secret emotions -when they assented to its restricting sections.</p> - -<p>It would be folly to reproduce the entire document -here, with its tangle of legal verbiage, its intricate -twists and turns, its complicated sentences which, to -the layman, mean so little, but to the law-makers -mean so much! Through a thick underbrush of -paragraphs the legal mind wanders at will, delightfully -and miraculously at home, and finally imagines -that it emerges into the sunlight of knowledge and -wisdom. Plain folk like you and me find it difficult -to follow the gypsy patteran and patter; yet somehow -we get the sense of this appalling mass of words—words -that seem to have handcuffs attached to -them; words that hint of prison cells and donjonkeeps;<span class="pagenum" id="Page_64">64</span> -words that mystify and frighten us. We feel -so guilty as we traverse them; and remembering the -violations of this sacrosanct paper which we have -witnessed since its solemn passage, we marvel at the -energy expended to make us all good and holy—citizens, -I was going to say; but I think, with the -Englishman, subjects would be nearer the truth.</p> - -<p>For a high and mighty absolute monarchy never -weighed its people down with heavier bonds. No -Kaiser-ridden land ever knew more complete and -devastating tyranny. The burdens heaped upon the -shoulders of the already weary tax-payers so that the -“dignity” of this Act may be upheld—ah! few of -us ever consider these. We have grown so used to -added packs that one more dollar seems to make -little difference. But it was the last straw that broke -the camel’s back; and who knows how much longer -we can stand these accumulating and distressing -burdens?</p> - -<p>Section 7, of Title 2, reads as follows:</p> - -<blockquote> - -<p>“No one but a physician holding a permit to prescribe -liquor shall issue any prescription for liquor. And no -physician shall prescribe liquor unless after careful physical -examination of the person for whose use such prescription -is sought, or if such examination is found impracticable, -then upon the best information obtainable, he in good faith -believes that the use of such liquor as a medicine by such -person is necessary and will afford relief to him from some -known ailment. Not more than a pint of spirituous liquor -to be taken internally shall be prescribed for use by the -same person within any period of ten days and no prescription<span class="pagenum" id="Page_65">65</span> -shall be filled more than once. Any pharmacist filling -a prescription shall at the time indorse upon it over his -own signature the word ‘canceled,’ together with the date -when the liquor was delivered, and then make the same -a part of the record that he is required to keep as herein -provided.</p> - -<p>“Every physician who issues a prescription for liquor shall -keep a record, alphabetically arranged in a book prescribed -by the commissioner, which shall show the date of issue, -amount prescribed, to whom issued, the purpose or ailment -for which it is to be used and directions for use, stating -the amount and frequency of the dose.”</p></blockquote> - -<p>This would be ludicrous were it not so serious. -But let us pass on to Section 12:</p> - -<blockquote> - -<p>“All persons manufacturing liquor for sale under the -provisions of this title shall securely and permanently attach -to every container thereof, as the same is manufactured, -a label stating name of manufacturer, kind and -quantity of liquor contained therein, and the date of its -manufacture, together with the number of the permit -authorizing the manufacture thereof; and all persons possessing -such liquor in wholesale quantities shall securely -keep and maintain such label thereon; and all persons -selling at wholesale shall attach to every package of liquor, -when sold, a label setting forth the kind and quantity of -liquor contained therein, by whom manufactured, the date -of sale, and the person to whom sold; which label shall -likewise be kept and maintained thereon until the liquor is -used for the purpose for which such sale was authorized.”</p></blockquote> - -<p>And Section 13 specifies again about records—I -wonder if these are carefully kept, as the law <span class="locked">provides!—</span></p> - -<p><span class="pagenum" id="Page_66">66</span></p> - -<blockquote> - -<p>“It shall be the duty of every carrier to make a record -at the place of shipment of the receipt of any liquor transported, -and he shall deliver liquor only to persons who present -to the carrier a verified copy of a permit to purchase -which shall be made a part of the carrier’s permanent -record at the office from which delivery is made.</p> - -<p>“The agent of the common carrier is hereby authorized -to administer the oath to the consignee in verification of -the copy of the permit presented, who, if not personally -known to the agent, shall be identified before the delivery -of the liquor to him. The name and address of the person -identifying the consignee shall be included in the -record.”</p> - -<p>“<span class="smcap">Section 14.</span> It shall be unlawful for a person to use -or induce any carrier, or any agent or employee thereof, to -carry or ship any package or receptacle containing liquor -without notifying the carrier of the true nature and character -of the shipment. No carrier shall transport nor shall -any person receive liquor from a carrier unless there appears -on the outside of the package containing such liquor the -following information:</p> - -<p>“Name and address of the consignor or seller, name and -address of the consignee, kind and quality of liquor contained -therein, and number of the permit to purchase or ship the -same, together with the name and address of the person -using the permit.”</p></blockquote> - -<p>How simple they make it for us! And of course -free speech on the billboards has been squashed. -For Section 17 has this to say:</p> - -<blockquote> - -<p>“It shall be unlawful to advertise anywhere, or by any -means or method, liquor, or the manufacture, sale, keeping -for sale or furnishing of the same, or where, how, from -whom, or at what price the same may be obtained. No<span class="pagenum" id="Page_67">67</span> -one shall permit any sign or billboard containing such -advertisement to remain upon one’s premises.”</p> - -<p>“<span class="smcap">Section 18.</span> It shall be unlawful to advertise, manufacture, -sell, or possess for sale any utensil, contrivance, -machine, preparation, compound, tablet, substance, formula, -direction, or recipe advertised, designed, or intended -for use in the unlawful manufacture of intoxicating -liquor.”</p></blockquote> - -<p>How the very stills themselves must tremble at -these ominous words!</p> - -<p>But I think for its far-reaching effects, Section 20 -takes the palm:</p> - -<blockquote> - -<p>“Any person who shall be injured in person, property, -means of support, or otherwise by any intoxicated person, -or by reason of the intoxication of any person” (though -we thought intoxication was to be wiped out with the -passage of the Volstead Act!) “whether resulting in his -death or not, shall have a right of action against any person -who shall, by unlawfully selling to or unlawfully assisting -in procuring liquor for such intoxicated person, have caused -or contributed to such intoxication, and in any such action -such person shall have a right to recover actual and exemplary -damages.” (Yet it is not quite clear how a dead -man can bring an action in the courts!) “In case of the -death of either party, the action or right of action given -by this section shall survive to or against his or her executor -or administrator, and the amount so recovered by either -wife or child shall be his or her sole and separate property. -Such action may be brought in any court of competent -jurisdiction. In any case where parents shall be entitled to -such damages, either the father or mother may sue alone -therefor, but recovery by one of such parties shall be a -bar to suit brought by the other.”</p></blockquote> - -<p><span class="pagenum" id="Page_68">68</span> -So Mr. Volstead anticipates trouble for years -to come—as long as it would take to settle an action -for damages in our already-clogged courts. We -make laws, it seems, which we expect to be broken. -Deep down in his heart, then, Mr. Volstead feared -that people would go on being—just people. Drunkenness -is rampant in the land; and I suppose drunkenness -will always be rampant in the land. Even Mr. -Volstead cannot stop it. What a pity!</p> - -<p>But do not think for a moment I am putting in a -plea for drunkenness. I am bitterly opposed to -drunkenness. Prohibition has not cured it. We -have had it long enough now to see its terrible errors. -The lions have heard the crack of the whip, but instead -of being overcome, overpowered, cowering in -corners, we have the spectacle of a determination -to pay no attention to the lashings of the law. Half -of us willfully disobey this iniquitous legislation—and -are proud of our disobedience. What is to be -done about it? The more teeth that are put into -the Volstead Act, the more teeth the lions show. -They growl and fight. They will not be mastered.</p> - -<p>Read Section 23.</p> - -<blockquote> - -<p>“Any person who shall, with intent to effect a sale of -liquor, by himself, his employee, servant or agent, for himself -or any person, company or corporation, keep or carry -around on his person, or in a vehicle, or other conveyance -whatever, or leave in a place for another to secure, any -liquor, or who shall travel to solicit, or solicit, or take, or -accept orders for the sale, shipment, or delivery of liquor -in violation of this title is guilty of a nuisance and may be<span class="pagenum" id="Page_69">69</span> -restrained by injunction, temporary and permanent, from -doing or continuing to do any of said acts or things.”</p></blockquote> - -<p>Have our army of bootleggers read this Section? -But they are worth a whole chapter to themselves, so -important a part have they become of our national -life.</p> - -<blockquote> - -<p>“<span class="smcap">Section 26.</span> When the commissioner, his assistants, inspectors, -or any officer of the law shall discover any person -in the act of transporting in violation of the law, intoxicating -liquors in any wagon, buggy, automobile, water or -air craft, or other vehicle, it shall be his duty to seize any -and all intoxicating liquors found therein being transported -contrary to law. Whenever intoxicating liquors transported -or possessed illegally shall be seized by an officer he shall -take possession of the vehicle and team or automobile, boat, -air or water craft, or any other conveyance, and shall arrest -any person in charge thereof. Such officer shall at once -proceed against the person arrested under the provisions of -this title in any court having competent jurisdiction; but -the said vehicle or conveyance shall be returned to the -owner upon execution by him of a good and valid bond, with -sufficient sureties, in a sum double the value of the property, -which said bond shall be approved by said officer and -shall be conditioned to return said property to the custody -of said officer on the day of trial to abide the judgment -of the court. The court upon conviction of the person -so arrested shall order the liquor destroyed, and unless -good cause to the contrary is shown by the owner, shall -order a sale by public auction of the property seized, and -the officer making the sale, after deducting the expenses -of keeping the property, the fee for the seizure, and the -cost of the sale, shall pay all liens, according to their priorities, -which are established, by intervention or otherwise at<span class="pagenum" id="Page_70">70</span> -said hearing or in other proceeding brought for said purpose, -as being bona fide and as having been created without -the lienor having any notice that the carrying vehicle was -being used or was to be used for illegal transportation of -liquor, and shall pay the balance of the proceeds into the -Treasury of the United States as miscellaneous receipts. -All liens against property sold under the provisions of this -section shall be transferred from the property to the proceeds -of the sale of the property. If, however, no one shall -be found claiming the team, vehicle, water or air craft, or -automobile, the taking of the same, with a description thereof, -shall be advertised in some newspaper published in the -city or county where taken, or if there be no newspaper -published, in said city or county, in a newspaper having -circulation in the county, once a week for two weeks and -by hand-bills posted in three public places near the place -of seizure, and if no claimant shall appear within ten days -after the last publication of the advertisement, the property -shall be sold and the proceeds after deducting the expenses -and costs shall be paid into the Treasury of the United -States as miscellaneous receipts.”</p> - -<p>“<span class="smcap">Section 27.</span> In all cases in which intoxicating liquors -may be subject to be destroyed under the provisions of -this Act the court shall have jurisdiction upon the application -of the United States attorney to order them delivered -to any department or agency of the United States Government -for medicinal, mechanical, or scientific uses, or to -order the same sold at private sale for such purposes -to any person having a permit to purchase liquor, the -proceeds to be covered into the Treasury of the United -States to the credit of miscellaneous receipts, and all liquor -heretofore seized in any suit or proceeding brought for -violation of law may likewise be so disposed of, if not -claimed within sixty days from the date this section -takes effect.”</p></blockquote> - -<p><span class="pagenum" id="Page_71">71</span> -One is happy to realize that the Government may, -even while the Volstead Act is in force, receive some -small emolument and revenue from John Barleycorn.</p> - -<p>Section 37—or a part of it—reads as follows:</p> - -<blockquote> - -<p>“A manufacturer of any beverage containing less than -one-half of 1 per centum of alcohol by volume may, on -making application and giving such bond as the commissioner -shall prescribe, be given a permit to develop in the -manufacture thereof, by the usual methods of fermentation -and fortification or otherwise a liquid such as beer, ale, -porter, or wine, containing more than one-half of 1 per -centum of alcohol by volume, but before any such liquid -is withdrawn from the factory or otherwise disposed of, -the alcoholic contents thereof shall under such rules and -regulations as the commissioner may prescribe be reduced -below such one-half of 1 per centum of alcohol: <em>Provided</em>, -That such liquid may be removed and transported, under -bond and under such regulations as the commissioner may -prescribe, from one bonded plant or warehouse to another -for the purpose of having the alcohol extracted therefrom. -And such liquids may be developed, under permit, by persons -other than the manufacturers of beverages containing -less than one-half of 1 per centum of alcohol by volume, -and sold to such manufacturers for conversion into such -beverages. The alcohol removed from such liquid, if -evaporated and not condensed and saved, shall not be subject -to tax; if saved, it shall be subject to the same law -as other alcoholic liquors. Credit shall be allowed on -the tax due on any alcohol so saved to the amount -of any tax paid upon distilled spirits or brandy used in -the fortification of the liquor from which the same is -saved.”</p></blockquote> - -<p><span class="pagenum" id="Page_72">72</span> -Don Marquis’s Old Soak must rejoice when he -reads such stipulations! And, being a tax-payer, -like the rest of us, Section 38 must fill him with -added delight:</p> - -<blockquote> - -<p>“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 employees in the District of Columbia or -elsewhere, and 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 -employees, except such executive officers as may be appointed -by the Commissioner or the Attorney General to -have immediate direction of the enforcement of the provisions -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: <em>Provided</em>, That the Commissioner and -Attorney General in making such appointments shall give -preference to those who have served in the military or naval -service in the recent war, if otherwise qualified, and there -is hereby authorized to be appropriated, out of any money in -the Treasury not otherwise appropriated, such sum as may -be required for the enforcement of this Act including personal -services in the District of Columbia, and for the -fiscal year ending June 30, 1920, there is hereby appropriated, -out of any money in the Treasury not otherwise -appropriated, the sum of $2,000,000 for the use of the -Commissioner of Internal Revenue and $100,000 for the use -of the Department of Justice for the enforcement of the -provisions of this Act, including personal services in the -District of Columbia and necessary printing and binding.”</p></blockquote> - -<p><span class="pagenum" id="Page_73">73</span> -And how is the law enforced?</p> - -<p>Our journals do not make pleasant reading for -good Americans these days. They are filled with -headlines, which concern the Prohibition law, morning -after morning. Not long ago I picked up my -newspaper and found no less than seventeen columns -devoted to stories of what the police in New York -City alone were doing, or trying to do, to make the -Volstead Act anything but a huge joke.</p> - -<p>Up the State, where farmers are paying good -taxes, I found a delicious item in a newspaper, to -prove the sincerity of the Federal authorities. It -seems that in a small town near Utica, an Italian -was suspected of having some whiskey on his premises; -and three stalwart officers, in plain clothes, -pounced down upon his shop (it was not a rum shop) -to see what they could find. The man was out; but -his wife was at home, and a careful search of the -pitiful premises revealed a quart of Scotch, which -may or may not have been on sale.</p> - -<p>It took three husky men three hours to make this -startling discovery. And how much of the taxpayers’ -money, I wonder? It was all-important that -an arrest should take place, but there was no evidence, -and nothing further was ever heard of the -matter.</p> - -<p>And this which sounds as though it had occurred -in benighted Russia, greeted my eyes at breakfast -one morning, in the New York <cite>Times</cite>:</p> - -<p><span class="pagenum" id="Page_74">74</span></p> - -<blockquote> - -<p class="p1 b1 larger center">“ACCUSE JERSEY POLICE OF BRUTAL -DRY RAID</p> - -<p class="b1 larger center">“Formed Way into Women’s Rooms and Insulted Them, -Resort Residents Charge.</p> - -<p>“The conduct of eighteen of the New Jersey State Police -who participated with Federal prohibition agents in liquor -raids on hotels and other places in Lake Hopatcong, N. J., -Tuesday night, was such that indignant residents threatened -yesterday to complain to Governor Edwards.</p> - -<p>“At the Great Cove Hotel at Nolan’s Point, the police -are alleged to have gone to the room of a waiter and his -wife and demanded that they show their marriage certificate. -It is also charged that they went to the room of -two girls, one of whom was praying, and insisted that they -open the door. The police searched the belongings of the -girls for whiskey.</p> - -<p>“It is charged that at the Espanol Hotel, Nolan’s Point, -the police went to the room of a mother and her three -children, awakened her and charged there was a man in -her room. She was compelled to open her door.</p> - -<p>“Rented cottages, it is charged, also were visited and -searched. It is charged by the complainants that the State -police drank the beer and whiskey they seized.”</p></blockquote> - -<p>But of course this is all right—to a prohibitionist. -The law must be enforced. It makes no difference -how enforcement is accomplished.</p> - -<p>If the police were honest, if they themselves approved -of the Eighteenth Amendment, the country -could be made bone dry tomorrow. But when the -politicians who voted for Prohibition have no respect<span class="pagenum" id="Page_75">75</span> -for the law they put upon our statutes, why -should we expect integrity and honesty down the -line?</p> - -<p>How can there be any respect for a law which -the minions of the law disobey, repeatedly? In a -great city like New York, in the Autumn of 1922, -innumerable policemen were found drunk while on -duty—so much drunkenness had occurred that it -was said on reliable authority that a murder a week -occurred.</p> - -<p class="p1 b1 center large"> -“POLICE MUST TELL HOW THEY GOT RUM” -</p> - -<p class="in0">was the heading in the New York <cite>Times</cite> on October -16th. “Drastic regulations for dealing with policemen -who drink” have been framed, and have been -circulated in the Police Department. This is the -text of the orders. Think of their being necessary!</p> - -<blockquote> - -<p>“1. To the commanding officers:</p> - -<p>“The following memorandum from the Police Commissioner -is for your information and guidance.</p> - -<p>“In Mount Vernon any person found publicly intoxicated -is arrested and required to make an affidavit stating where -he obtained the liquor causing the intoxication. This -affidavit is made the basis of a search warrant, directing a -search of the place selling the liquor.</p> - -<p>“This is but one of the many means which might be -employed to put an end to violation of the Prohibition law. -The plan seems to work out successfully in Mount Vernon.</p> - -<p>“2. Intoxicated members of the force:</p> -<p><span class="pagenum" id="Page_76">76</span> -“Hereafter when members of the force are found to be -suffering from alcoholism to such an extent as to warrant -charges signifying the liquor has been obtained from persons -who are violating the State prohibition law, request the -officers to make an affidavit stating where they obtained -this liquor. Take appropriate action in the premises. If it -is found that the officers have failed to take proper action -where the law has been violated additional charges should -be preferred against them and if the case is a serious one -they should be suspended from duty.</p> - -<p>“3. Cabarets and dance halls:</p> - -<p>“Cabarets and dance halls having resumed business for the -Fall and Winter season will be carefully inspected from -time to time and properly regulated. The majority of these -places disregard provisions of the prohibition law and should -be given rigid supervision.</p> - -<p>“Commanding officers will see that music and dancing at -these places is stopped at 1 <span class="smcap smaller">A.M.</span>, and that these places -do not harbor an undesirable element after that hour.”</p></blockquote> - -<p>I have spoken of uniformed men standing guard -over a roomful of citizens in New York restaurants -and cabarets. Alas! it is shockingly true. -It is as though no other law existed, as I have said. -To one who loves his country, his city, it is disgusting. -The people writhe under the presence of -the officer—but do nothing about it. What can they -do? Could they not request the Mayor, or the -Police Commissioner to stop such nonsense? And -if the thing occurs in one restaurant, why not in all -of them?</p> - -<p>With my own eyes I have seen this petty exhibition. -It is outrageous. Only one officer was in the<span class="pagenum" id="Page_77">77</span> -place I visited. Yet I could not believe I was in -free America.</p> - -<p>The room was filled with beautifully dressed men -and women. The dance floor was crowded. Upon -every table, directly under the eye of the officer, was -a drink. I am not saying that in each tumbler there -was an alcoholic beverage—and probably the man -in uniform did not wish to think so, either. But I -wonder how any intelligent being could imagine -that a lot of sophisticated Manhattanites would go -out of an evening to a gay cabaret, and order lime-juice—unless -they intended to mix something with -it? Such folk are not plain ginger-ale consumers, -as a rule—they purchase it to mingle with gin. -White Rock is not their favorite beverage; neither is -Clysmic. Yet bottles of these were evident everywhere. -Anyone save a moron would have known -why.</p> - -<p>Yet solemnly up and down that room the officer -walked, glancing here and there, hobnobbing now -and again with a friendly waiter—who seemed to -be on excellent terms with him. His journeys were -rhythmically conceived and executed. For a moment -or two he would stand glaring about him, his arms -folded, after the manner of a soldier in the late -War standing guard over military prisoners. Then -he would amble, almost to the time of the music, to -the farther side of the room. Instantly two hundred -hands would slip under the tables, and flasks would -be drawn forth, and a liquid that was certainly not<span class="pagenum" id="Page_78">78</span> -water would be poured swiftly and deftly into various -goblets. Then, when the officer swung back -again on his rounds, the folk at the other side of -the room would go through the same unbelievable -performance. The man in uniform had eyes, but -he saw not.</p> - -<p>You see, the authorities had come out with a statement -not long before, to the effect that it was not -the man with the hip-flask whom they were after—only -the citizen foolish and daring enough to slam -his flask down openly upon a cabaret table. In other -words, so delicate are the nuances of the law, that -it is not an offense to drink behind your napkin, or -behind a closed door; but it is a very terrible crime -to reveal the fact that you have a container of -alcohol on your person. Think of seriously pronouncing -such a ukase, with the Mullan-Gage law -still upon the records. I do not understand how City -Magistrates, in New York, know how to interpret -the law.</p> - -<p>I was told that almost every evening an arrest or -two is made in these hitherto happy cabarets; but -generally the case is dismissed. The proprietor bails -his patron out, and then the merry-go-round starts -again next evening. Since this was written, the -police have been withdrawn from New York cabarets—another -confession of the failure to enforce -the law.</p> - -<p>But New York is full of insincerities. Conventions -take place there, and we read a sanctimonious<span class="pagenum" id="Page_79">79</span> -announcement in the papers that of course nothing -alcoholic will be served at the banquets—that goes -without saying. But up in Eddie’s room, on the -eighteenth floor, a lot of grown-up men, in the city -to discuss solemn business problems, find that sustenance -which they desire and demand. The authorities, -alarmed at the influx of so many virtuous men, -give out the statement that it is well that they <em>are</em> so -virtuous, and not the kind of fellows who crave a -drink; for the hootch in New York is notoriously -foul (of course it isn’t, but that makes no difference -to a Prohibition officer) and it would be unsafe to -consume any of it. Many of these safe and sound -business men, from all parts of the country, came out -strong for the Eighteenth Amendment. They were -Puritans—when it came to the other fellow’s habits. -The little clerk would never rise to a position of -importance—like theirs—if he took so much as a -glass of beer. They forgot that they, in their youth—and -ever since—had taken a daily nip. I am not -saying that they are any the worse for it. I do know, -however, that they are none the better, judging by -their public utterances and their private behavior.</p> - -<p>If there is one kind of human animal I have a -supreme contempt for it is the so-called man who -believes in Prohibition for you and me—but not for -himself. I have heard bankers and Wall Street -potentates hold forth with fervor on the salutary -effects of the Volstead Act, since it has forced the -poor laboring man to give up his ale and beer. He<span class="pagenum" id="Page_80">80</span> -gets to work early now—there’s no need to worry -about Monday morning in the factories throughout -the land. There is no Saturday-night debauchery; -and the bulging pay-envelope is taken home to the -wife and children, with no extractions on the way -at the corner saloon. Happiness reigns where -penury and travail abided before. Production is -mounting; there are no strikes to speak of, the -prisons are emptying, crime has diminished, wife-beating -is unheard of, and so on, <i xml:lang="la" lang="la">ad infinitum</i>.</p> - -<p>Which would be delightful if it were true. Home -brew goes rapturously on; and if Tim doesn’t bother -to make it himself, he has a pal who does, and he -purchases all the gin and beer he needs.</p> - -<p>I am not saying this with any intention of approval. -I am merely stating conditions as I have -observed them. Those who shut their eyes to the -facts and go blandly on their way, announcing that -the country is bone dry when it is nothing of the -sort, do immeasurable damage.</p> - -<p>I remember when the Volstead Act first went into -effect that I had a serious talk with myself. I came -to the conclusion that nothing was more dangerous -to this land of ours than a state of things which -made it possible for the rich to drink continuously -and the poor to be able to obtain nothing. I felt -that I could not, with a clear conscience, go on -having an occasional cocktail, if the laboring man -down the street was deprived of his grog. For a -month I absolutely followed the whisperings of that<span class="pagenum" id="Page_81">81</span> -Inner Voice. Then I happened to go to a manufacturing -town near Boston, and the work I was -doing brought me into contact with the men in the -shops there. Somehow the subject came up—I forget -in just what way; and when my plan became -known, a laugh greeted my ears.</p> - -<p>“Don’t be such a jackass!” one of the fellows -cried. “Why, we’re getting all we want, in spite of -Mr. Volstead—we’re making it ourselves!”</p> - -<p>My self-inflicted martyrdom ceased from that moment; -and I must confess that I felt a bit foolish.</p> - -<p>More people are drinking heavily now than in -the old days—and, drinking inferior stuff, they are -suffering more in consequence. The results of this -have been put into a delightful rhyme by the clever -James J. Montague who, in his way, is a genius. -He turns out happy and technically fine verses every -day for a syndicate, until one is amazed at his -cleverness and seemingly endless chain of ideas. -Listen to him:</p> - -<p class="p1 center larger intact"><i>THE ELUSIVE MORAL</i></p> - -<div class="poem-container nobreak"> -<div class="poem w20"><div class="stanza"> -<span class="i0">Before there was a Volstead law<br /></span> -<span class="i2">The village gossips used to mutter<br /></span> -<span class="i0">In pitying accents when they saw<br /></span> -<span class="i2">A friend and neighbor in the gutter:<br /></span> -<span class="i0">“How dreadful was the fellow’s fall!<br /></span> -<span class="i2">How terrible is his condition!<br /></span> -<span class="i0">He wouldn’t be that way at all<br /></span> -<span class="i2">If only we had prohibition!”<br /></span> -</div><div class="stanza"><span class="pagenum" id="Page_82">82</span> -<span class="i0">They knew the drunkards all by name,<br /></span> -<span class="i2">And when they came around with edges<br /></span> -<span class="i0">Some elderly and kindly dame<br /></span> -<span class="i2">Would get their signatures to pledges.<br /></span> -<span class="i0">And if they all appeared next day<br /></span> -<span class="i2">Still far too merry and seraphic,<br /></span> -<span class="i0">The troubled townsfolk used to say<br /></span> -<span class="i2">Hard things about the liquor traffic.<br /></span> -</div><div class="stanza"> -<span class="i0">To-day, when some good man goes wrong,<br /></span> -<span class="i2">The villagers with whom he’s mingled<br /></span> -<span class="i0">Observe his frequent bursts of song<br /></span> -<span class="i2">And thus discover he is jingled.<br /></span> -<span class="i0">“Too bad about that chap,” they cry,<br /></span> -<span class="i2">“He might have kept his high position<br /></span> -<span class="i0">If Volstead hadn’t made us dry—<br /></span> -<span class="i2">What ruined <em>him</em> is prohibition!”<br /></span> -</div><div class="stanza"> -<span class="i0">There is some moral in this tale—<br /></span> -<span class="i0">I fancied so when I designed it—<br /></span> -<span class="i0">But I have searched without avail<br /></span> -<span class="i0">For nearly half an hour to find it!<br /></span> -</div></div> -</div> -<hr /> - -<p><span class="pagenum" id="Page_83">83</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_VII" class="vspace">CHAPTER VII<br /> - -<span class="subhead">A TRIUMVIRATE AGAINST PROHIBITION</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">How</span> many Americans know that on August -6, 1833, Abraham Lincoln, with two other -men, took out a license to sell liquor? -Through the kindness of my friend, William L. -Fish, I am permitted to reproduce it (see <a href="#ip_83">page 84</a>).</p> - -<p>Times were different then, it is true; but one has -the feeling that Abraham Lincoln was not a Prohibitionist. -He was temperate in all things.</p> - -<div id="ip_83" class="figcenter" style="max-width: 35em;"> - <img src="images/i_100.png" width="557" height="800" alt="liquor license" /></div> - -<p>In his amazingly interesting book, “Talks with -T. R.,” Mr. John J. Leary, Jr., includes a chapter -wherein Theodore Roosevelt speaks in no uncertain -manner about the prospect of the country going -dry.</p> - -<blockquote> - -<p>“Colonel Roosevelt was not of those who favored -the Eighteenth Amendment,” Mr. Leary points out. “To -his mind Prohibition was certain to cause unrest and dissatisfaction; -he doubted the fairness of removing the saloon -without providing something to take its place in the life of -the tenement-dwellers; and he was inclined to think the -liquor question was settling itself.</p> - -<p>“‘You and I can recall the time,’ he said to me one day, -‘when it was not bad form for substantial men of affairs, -for lawyers, doctors—professional men generally—to drink -in the middle of the day. It is good form no longer, and<span class="pagenum" id="Page_85">85</span> -it’s not now done. It is not so long ago that practically -every man in politics drank more or less, when hard -drinking, if not the rule, was not the exception. Now -the hard drinker, if he exists at all among the higher -grade, is a survival of what you might call another -day.</p> - -<p>“‘Take Tammany. No one holds that up as an organization -of model men, yet I am sure that were you to make -a canvass of its district leaders, you would find pretty close -to a majority if not an actual majority are teetotallers. -Tammany no longer sends men with ability, and a weakness -for liquor, to Albany. It may and it probably will send -another of Tom Grady’s ability, but it will not send one -who drinks as hard.</p> - -<p>“‘This, you may rest assured, is not a matter of morals. -It is, however, a matter of efficiency. Tammany wants -results and it is sufficiently abreast of the times to know -that drink and efficiency do not go hand in hand in these -days of card indexes and adding machines.</p> - -<p>“‘It is the same in your profession. Not long ago most -of the boys were fairly competent drinking men; some I -knew were rated as extra competent by admiring, perhaps -envious, colleagues. Now the drinking man, at least the -man who drinks enough to show the effects, is rare. The -reason: your editors won’t stand for it. As Jack Slaght -put it the other day—I think it was Jack—a reporter in -the old days was expected to have “a birthday” about so -often and nothing was thought of it. Now, as Slaght puts -it, he is allowed but two. The first time, still quoting your -friend Slaght, who at times is inclined to use plain language, -he gets hell; the next time he gets fired. That is -so, is it not?’</p> - -<p>“I assured him that Slaght was substantially correct.</p> - -<p>“‘It’s not a matter of morals there, though’ (with a -laugh). ‘I will admit you boys do not lack morals. As<span class="pagenum" id="Page_86">86</span> -with Tammany, it is a question of getting results, exactly as -it is with the doctor, the lawyer, and the judge.</p> - -<p>“‘Drinking declined once it became an economic question, -or at least as soon as it was recognized as an economic -factor. It then began to be unfashionable—at least to -overdrink—and the man who never drank at all ceased -to be unusual in any trade or calling.</p> - -<p>“‘I am, however, sorry that they are pressing Prohibition -so hard at this time. It is, I think, all right, desirable, -in fact, to limit or perhaps prohibit the so-called hard -liquors, but it is a mistake, I think, to stop or try to stop -the use of beers and the lighter wines.</p> - -<p>“‘If this thing goes through, where does the social side -of life come in? We both know that a “dry” dinner is -apt to be a sad sort of affair. It will make dining a lost -art.</p> - -<p>“‘Likewise, I do not know how the working-classes will -take to the change. You and I have no need of the saloon. -We have other places to go. But you and I know that -the saloon fits into a very definite place in the life of the -tenement-dweller. I do not know what he will do without -it; what substitutes the reformers will think they can -give him for it. I do not believe they have thought of that, -or that they care much.</p> - -<p>“‘Frankly, I do not know what will be the outcome. -Prohibition, if it comes, will cause ill-feeling and unrest—it -will be a disturbing factor—but I do not look for anything -serious, for after all is said and done, the fact remains -that the American workman is a law-abiding individual.</p> - -<p>“‘When it comes, Prohibition may or may not be permanent. -You may, however, be sure of one thing—it will -be extremely difficult to repeal, once it becomes part of the -Constitution.’</p> - -<p>“Responsibility for Prohibition Colonel Roosevelt placed<span class="pagenum" id="Page_87">87</span> -squarely upon the shoulders of the liquor dealers good and -bad.</p> - -<p>“‘Some liquor dealers I have known,’ said he, ‘were -good, well-meaning citizens, who kept decent places. Take -the Oakeses, father and son, who own the Oyster Bay Inn. -I should be very sorry to see them lose their license. Theirs -is a clean, respectable place. Again, there is John Brosnan’s -place in New York. No one ever heard a complaint against -John. His place has been no more offensive than if he -sold dry goods.</p> - -<p>“‘I shall take no part in the contest one way or the -other. It must be settled without me. I shall not allow -it or anything else to swerve me from the work we’re -now in.’</p> - -<p>“The ‘work we’re now in’ was the effort to speed up -the war by arousing the American people to the necessity -of winning a ‘peace with victory.’”</p></blockquote> - -<p>Thus Theodore Roosevelt.</p> - -<p>Woodrow Wilson vetoed the Volstead Act. He -saw at once its undemocratic features, its danger to -the country.</p> - -<p>As to following Abraham Lincoln, Theodore -Roosevelt and Woodrow Wilson—do you prefer -their leadership, or that of Mr. Volstead and the -fanatics?</p> - -<hr /> - -<p><span class="pagenum" id="Page_88">88</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_VIII" class="vspace">CHAPTER VIII<br /> - -<span class="subhead">“THE FEAR FOR THEE, MY COUNTRY”</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">THE</span> Prohibitionists contend, when we who -are but human suggest that the Eighteenth -Amendment and the Volstead Act should -be changed, that the law is the law; and now that -these are part of our statutes, they are there to stay, -that they must not be tampered with or altered in -any way; that it is up to every good American to -accept them, not to complain, not to make any utterance -which would be apt to disturb the sweet peace -these laws are intended to bring to us.</p> - -<p>They forget that it is they themselves who saw -fit to change our laws. Are they bad Americans -because they did so? When the shoe is on the other -foot.... But the analogy is so obvious that there -can scarcely be any necessity of arguing the matter.</p> - -<p>I have written, in a previous chapter, about a -few of the laws which are disobeyed. Am I a bad -American, a poor sport, for instance, because I refuse -to believe in capital punishment? It is the law -of my State that a man found guilty of murder in -the first degree must go to the electric chair. Called -to serve upon a criminal jury, I plainly say that I do -not believe in capital punishment. I am excused.<span class="pagenum" id="Page_89">89</span> -My conscientious scruples are taken into consideration. -I imagine that only a small percentage of us -believe in sending a man to his death, even for so -serious a crime as murder; yet the statute abides. -We continue to send men to the gallows, or the chair—though -some States have been wise enough to -abolish the barbarous habit.</p> - -<p>I have conscientious scruples about trying a man -for violation of the Volstead Act; for it would -hardly be possible for me to convict a fellow citizen -who had been spied upon by a detective in a bathing-suit, -as I read not long ago that one man had been. -I am against the manner in which evidence is obtained; -and I would distrust, even under oath, statements -of witnesses who hired themselves to the -Government as plain-clothes men to visit beaches -and bathing pavilions in order to discover some unlucky -devil in the act of taking a nip from a pint -bottle after he was shivering from his plunge in the -ocean. There is a human element in such a case. -I may be too emotional for perfect jury service. -Granted. But that is something beyond my control. -I cannot change my temperament. I loath the spectacle -of one part of the population striving to discover -something evil in the other part. It seems unnecessary -to me. Peeping Toms are a far greater -menace than the people peeped at. I do not feel -morally bound to respect a law which so many respectable -fellow citizens likewise disrespect. I think -stupid legislation is an abomination; that the world<span class="pagenum" id="Page_90">90</span> -would be a happier place were it not for censorship -of morals and manners. I think that most people -instinctively know the difference between right and -wrong, and that, through education, they can be -made to understand and see all those little differences -and shades which sometimes confound us.</p> - -<p>There are divorce laws upon our Statutes which -millions of people violently and bitterly oppose. Is a -good Roman Catholic a bad American citizen because -his conscience refuses to let him condone the -rulings of our Courts in divorce trials?</p> - -<p>On April 24, 1922, in St. Mary’s Protestant -Episcopal Church, Emmerton, Maryland, a sermon -was preached by the Reverend W. A. Crawford-Frost -on the subject of “Obeying a Disreputable -Law.”</p> - -<p>The minister took as his text the verses from -Esther 1:7 and 8: “And they gave them drink in -vessels of gold, (the vessels being diverse one from -another,) and royal wine in abundance, according -to the state of the king. And the drinking was according -to the law; none did compel: for so the -king had appointed to all the officers of his house, -that they should do according to every man’s -pleasure.”</p> - -<p>He said in part:</p> - -<blockquote> - -<p>“Recently President Harding and Secretary Hughes -have made pathetic appeals to the people of America to -respect the law. That such a request should have been -considered necessary is itself a sad commentary on the state<span class="pagenum" id="Page_91">91</span> -of affairs existing in our republic. There is a difference -between obedience and respect. All good citizens are called -upon to obey the laws, whether they respect a particular -law or not; but they are not called upon to respect a law -that is not respectable.</p> - -<p>“There are disreputable laws just as there are disreputable -men.</p> - -<p>“When is a man properly looked upon as disreputable? -That depends on the time and place and the people who -do the looking, but in most ages and countries there are -some things that the universal conscience of man holds to -be not respectable. Thus lying, robbing, cruelty and -blasphemy are disreputable, and a man who lies, robs, is -cruel and blasphemes is a disreputable man.</p> - -<p>“Accordingly, if a law can be shown to lie, to rob, to -be cruel, and to blaspheme God, it is a disreputable law and -does not deserve respect, though all good citizens should -obey it until it is repealed.</p> - -<p>“To call upon the people of America to respect a law -that is not respectable is fundamentally dishonest, for it -breaks down the distinction between what is respectable and -what is disreputable and calls upon us to admire and look -up to that which we should despise and abhor.</p> - -<p>“Now I will give you reasons why I consider that the -Volstead Act lies, robs, is cruel and blasphemes God. It -may be that my arguments are not sound, but they appear to -me to be so, and all that a man can do is to go according -to his conscience and his common sense.</p> - -<p>“It seems to me that it is a lie to say that all beverages -containing more than one half of one per cent of alcohol -are intoxicating. No man’s stomach can hold enough of a -drink containing twice that proportion of alcohol to become -inebriated thereby. It is a physical impossibility. He -would have to absorb at least a gallon at one time to do -it....</p> - -<p><span class="pagenum" id="Page_92">92</span> -“The Volstead Act robbed thousands of men whose capital -was invested in what they considered to be an honorable -industry and one that promoted the health and happiness -of mankind on the whole, even though five per cent injured -themselves by it.</p> - -<p>“It robbed them by taking away their property from them -without compensation. It robbed their employees of their -living by throwing them out of work. It robbed the taxpayers, -who now have to pay out of their own pockets by -compulsion the billions of dollars that were formerly spent -cheerfully and voluntarily by the users of alcoholic beverages.</p> - -<p>“The Volstead Act is cruel to invalids who under it -cannot afford to get the proper alcoholic beverages needed -to preserve their lives. I could quote scores of the highest -medical authorities to prove this, but only have space for a -few:</p> - -<p>“Dr. Paul Bartholow, of the Jefferson Medical College: -‘Beer, ale and porter are much and justly esteemed as -stomach tonics and restoratives in chronic, wasting diseases. -Alcohol is an important remedy in the various forms of -pulmonary phthisis. In convalescents from acute diseases -there can be no difference of opinion as to the great value -of wine as a restorative.’</p> - -<p>“Dr. Samuel C. L. Potter, of the Cooper Medical College, -San Francisco: ‘In anemia and chlorosis good red -wines are almost indispensable. It is an absolute necessity -in the treatment of lobar pneumonia. In fevers, alcohol is -often most serviceable.’</p> - -<p>“Dr. Frederick C. Shattuc, of Harvard University: ‘In -typhoid fever if the heart shows undue weakness I consider -it a grave error in judgment to withhold alcohol. The -danger of forming the alcohol habit is practically <i xml:lang="la" lang="la">nil</i> in the -subjects of acute general infection. They are more likely -to acquire a distaste than a liking for it.’</p> - -<p><span class="pagenum" id="Page_93">93</span> -“Dr. Daniel M. Hoyte, formerly of the University of -Pennsylvania: ‘Alcohol has long been used to abort a cold. -The patient takes a hot bath, and after getting into bed -drinks a hot lemonade containing one or two ounces of -whiskey. This produces diaphoresis and aids in the elimination -of the toxins.’</p> - -<p>“Dr. Binford Throne, writing in <cite>Forschheimer’s Therapeusis</cite>: -‘All cases of diphtheria have more or less myocarditis, -and all should be given stimulants from the first. -The best is good whiskey or brandy.’</p> - -<p>“Dr. Charles P. Woodruff, Surgeon in the United States -Army in the Philippines, wrote in the <cite>New York Medical -Journal</cite>, December 17th, 1904, as follows:</p> - -<p>“‘In 1902 I obtained a mass of data on the physical -condition and drinking habits of a regiment of infantry -which had about three years in the Philippines. I must -confess to being somewhat disconcerted and disheartened -at first by the total; the excessive drinkers were far healthier -than the abstainers, only one half as many were sent home -sick and one sixth as many of them died. I had hoped -to prove the opposite.... The damage done to these -young men by occasional sprees is not so great as the damage -done by the climate to the abstainers. What a lot of misstatements -have we received from our teachers, text books, -and authorities!’ He concludes:</p> - -<p>“‘I suppose some medical editors would advise hiding -these figures on the ground that they would be an advantage -to the whiskey dealers who buy Kansas corn from Prohibition -farmers. They would no doubt rather see our soldiers -die than let them know that a drink of wine at meals might -save their lives.’</p> - -<p>“In his report he had stated that approximately 11 per -cent of the abstainers died, while about 3½ per cent of -the moderate, and less than 2 per cent of the excessive, -died. About 15 per cent of the abstainers were invalided<span class="pagenum" id="Page_94">94</span> -home, about 9 per cent or 10 per cent of the moderate, -and about 8 per cent of the excessive drinkers.</p> - -<p>“And yet in the light of stupendous facts like these the -Volstead Act is passed, hampering physicians in their work -of mercy and making it sometimes impossible for them to -give the remedies that God intended to prevent suffering -and preserve human life. Could diabolical cruelty go -further than that?</p> - -<p>“To torture an invalid is as devilish as it is to burn a -well man at a stake.</p> - -<p>“More. It is a thousand times worse because it is so -much more widely spread. Hundreds of invalids are being -tortured all over the United States to-day for every white -man that ever was burned at the stake by the Indians.</p> - -<p>“Every loyal member of the Protestant Episcopal Church -should hold that the Volstead Act is a blasphemy against -God. Jews, Unitarians and others who do not consider -that Jesus was God, are entitled to hold different views -from us regarding the religious aspect of this Act, but for -us there is no escape. We believe that Jesus was God, -and we believe that He made wine at Cana and that He -ordered it to be drunk publicly in His memory for all time -to come. Our Church has declared that unfermented grape -juice is not wine and should not be used for it in the -Sacrament of Holy Communion. A law to say that wine -containing more than one half of one per cent alcohol -should not be allowed to be made and carried about freely -from place to place, implies that Jesus did wrong in making -it and ordering it to be used publicly by Christians. If -He did wrong, He was not God. Therefore, the Volstead -Act from the standpoint of our Church, blasphemes -God.</p> - -<p>“Every true Churchman, consequently, should despise -and abhor the Volstead Act as lying, robbing, cruel and -blaspheming and unworthy of respect, although it must be<span class="pagenum" id="Page_95">95</span> -obeyed by all good citizens till it can be repealed. We -give it obedience, but not respect.</p> - -<p>“‘But,’ some will say, ‘if this is so, why should we obey -such a law? Would it not be better to rebel against it, -to flout it openly and take the consequences?’ It is unjust. -It is tyrannical. It is un-American. It is due to a combination -of religious and universal ignorance of physiology. -It is the result of active political propaganda carried on by -money of persons who are financially interested in prohibiting -alcoholic beverages. The weapons used have been trickery, -deception, falsification of statistics, lobbying, slander and -abuse. It has been forced on legislators by intimidation -of the grossest kind. Good men have been afraid to oppose -it, for fear of being called ‘boozers,’ ‘bootleggers,’ lawbreakers,’ -and other opprobrious epithets. It was smuggled -in as a war measure when our young men were overseas, -and later on was made more and more stringent, till it -far surpassed in tyranny any thought entertained by its -supporters in the beginning. Why should we obey such a -law? Would it not be more American to treat this piece -of iniquity as our forefathers treated the Stamp Act?</p> - -<p>“No. It is our duty to obey it. We could not repeal -the Stamp Act, and we can repeal this. In the case of the -tyranny of George III there was no legal redress. All -that freedom-loving men could do was to rebel. That -tyranny was forced on us from the outside. This we have -allowed to be imposed on us in our supineness by tyrants in -our own household. The two cases are not similar. We -must obey the Volstead Act till we can repeal or amend -it....</p> - -<p>“Bolingbroke declared, ‘Liberty is to the collective body -what health is to every individual body. Without health -no pleasure can be tasted by man; without liberty no happiness -can be enjoyed by society.’</p> - -<p>“I refuse to be silent when I see America, the hope of<span class="pagenum" id="Page_96">96</span> -mankind, likely to be bound hand and foot by the tyranny -of ignorance and religious fanaticism....</p> - -<p>“The maxim of John Philpot Curran, ‘Eternal vigilance -is the price of liberty,’ was never needed in America -more than it is at this moment. This is no time for patriots -to be silent.</p> - -<p>“According to Burke, the people never give up their -liberties but under some delusion. In this case the delusion -is that they are following Christ while they are really -following Mahomet, the anti-Christ. That delusion must -be exposed until everybody sees it clearly.</p> - -<p>“We must not forget what Colton said: ‘Liberty will -not descend to a people. A people must raise themselves -to liberty; it is a blessing that must be earned to be enjoyed.’</p> - -<p>“How can this be done? Listen to Savonarola: ‘Do you -wish to be free? Then above all things love God. Love -one another and love the common weal; then you will have -liberty.’</p> - -<p>“It is all right to regulate drinking by law, provided it -is the right kind of a law.</p> - -<p>“The extraordinary thing about our text is that it shows -the legal regulation of drinking to be no new thing, for it -existed in the time of Queen Esther, 510 <span class="smcap smaller">B.C.</span>, or just 2432 -years ago, because our text says ‘and the drinking was according -to the law.’</p> - -<p>“But the law allowed all the liberty that was right and -proper. It says: ‘None could compel; for the king had -appointed to all the officers of his house that they should -do according to every man’s pleasure.’</p> - -<p>“It was a joyful and festive occasion, like the wedding -at Cana, and Ahasuerus then, as did Jesus later on, recognizes -that the proper use of wine would Promote happiness -and health and that the guests present would be trusted not -to abuse it.</p> - -<p><span class="pagenum" id="Page_97">97</span> -“But though laws regulating drinking may be necessary -to well ordered society, these laws must be equitable and -sensible, regulation, according to the scriptures, not prohibition. -The drinking should be ‘according to the law.’ -One great trouble about the Volstead Act is that the drinking -goes on just the same but it is not ‘according to the -law,’ and instead of getting pure liquors people are being -poisoned by the thousands all over the country.</p> - -<p>“Would it not be better to follow the Bible and have -the liquor drunk according to the law?</p> - -<p>“This can only be done by modifying the law so as -to make it conform with the Bible. If the law is dishonest, -cruel or unjust, we must vote to change it if we -love God, and love our neighbor and love the common -weal. We must either repeal it altogether or amend it, -so as to make it honest, kindly and fair, so that we may -have law and liberty at the same time.</p> - -<p>“And Americans will do it. In the immortal words of -Daniel Webster: ‘If the true spark of religious and civil -liberty be kindled, it will burn. Human agency cannot -extinguish it. Like the earth’s central fire, it may be -smothered for a time; the ocean may overwhelm it; mountains -may press it down; but its inherent and unconquerable -force will heave both the ocean and the land, and at some -time or other, in some place or other, it will break out -and flame up to heaven.’”</p></blockquote> - -<p>This is powerful language which strikes at the -very root of things, but Dr. Crawford-Frost is -not the only fearless clergyman who has spoken his -mind on this all-absorbing question. Archbishop -Glennon, of St. Louis, has scored the Eighteenth -Amendment. In an interview given at Atlantic City -in August, 1922, he bravely said:</p> - -<p><span class="pagenum" id="Page_98">98</span></p> - -<blockquote> - -<p>“The Constitution has been considerably weakened by -the addition of the Eighteenth Amendment, for the Prohibition -clause limits rights, while the rest of the Constitution -grants rights. Matters referring to alcohol and -drugs should be left to the police courts of the various cities -and states.”</p></blockquote> - -<p>When he was asked if he thought Prohibition a -benefit to the country, he said:</p> - -<blockquote> - -<p>“For those who drink too much, yes.”</p></blockquote> - -<p>The Most Reverend James Duhig, D.D., Archbishop -of Brisbane, Australia, interviewed in New -York, in the late summer of 1922, deplored the dry -law. He admitted that he had not observed any -drunken men in the streets of the metropolis, but -that fact, he said, was beside the issue, because it -was the principle of Prohibition with which he took -issue. He said:</p> - -<blockquote> - -<p>“In Australia they are against Prohibition. I myself -have written strongly against it, and all that I have been -able to learn of the results of it in the United States has -only served to confirm my belief that Australia has taken -the right view.</p> - -<p>“Australia was amazed at America going dry. You -cannot make men sober by an act of Parliament. What -we need is a reasonable control of the liquor trade, not its -total abolition. Extremes are always dangerous, and I -consider Prohibition an extreme course.”</p></blockquote> - -<p>In the State of Nebraska recently an attempt was -made to put through the legislation many autocratic<span class="pagenum" id="Page_99">99</span> -laws. People were not to be allowed to speak a -foreign language, and certain restrictions were to be -placed on the wearing of religious garb, etc. A -visitor to that State, George A. Schreiner, of South -Africa, deprecated such legislation, and stated that -“laws of intolerance defeat their own ends.” It is -interesting to see the reactions on those who come -to our country for the first time. Mr. Schreiner -expressed himself wisely when he said:</p> - -<blockquote> - -<p>“It all reminds me of the attempt recently made in Japan -to put a law on the statutes against bad thoughts. Of -course, that was very absurd and still, in a way, it was a -very honestly meant piece of legislation. The author of the -bill wanted to get at the root of what he considered an evil—a -danger to Japan. Elsewhere and in your own State the -same thing has been attempted by being aimed at, as it were. -I feel that a great deal of intolerance has been born of the -War, but we ought to be fair even with Jupiter and Mars. -Much is blamed on the War, when, in reality, the War -served simply as an excuse to waken latent passions in man.”</p></blockquote> - -<p><i>The Outlook</i>, which is certainly a sane periodical, -whose editorial integrity cannot be doubted, sees a -menace in too much legislation. Only confusion and -distrust can result when the people are confronted -with a mass of judicial arguments and interpretations -of those arguments. In a sensible editorial -recently, entitled “Why Not ‘Limitation of Legislation’?” -the editors spoke their minds thus:</p> - -<blockquote> - -<p>“This harassed old world needs ‘limitation of legislation’ -as well as ‘limitation of armaments.’ Statutes, laws, and<span class="pagenum" id="Page_100">100</span> -regulations of all sorts make each year confusion worse -confounded. It has been asserted that every person in the -United States, unwittingly, in 99 cases out of 100, violates -every day some Federal State or local law or regulation; -perhaps the honest judge himself in going from his home -to the court room where he hands down every day his -judgments of justice breaks some minor regulation, for -which offense a policeman, if he were nearby and had -studied his book of regulations carefully enough, could place -the eminent judge under arrest.</p> - -<p>“A leading authority on American police administration -recently estimated that the average policeman, to enforce -the city ordinances, State laws, and Congressional enactments, -committed in whole or in part to his charge, must -have a working knowledge of at least 16,000 statutes. This -fact was pointed out in a recent speech in Washington by -James A. Emery before the American Cotton Manufacturers’ -Association.</p> - -<p>“Why not a Congress sometime which would subtract -500 useless or foolish or annoying laws from the statute-books, -instead of adding 500 laws to those same bulky -volumes? Such a Congress might earn recognition as the -greatest the world had yet seen.</p> - -<p>“In one of our State legislators a few years ago an -extreme illustration occurred of the desire of a member to -have his name attached to some piece of legislation. This -particular member was sent to the Legislature from a -more or less rural district. He introduced a bill providing -that a bounty of five dollars be paid by the State for the -hide of every loup-cervier (the Canada lynx or wild cat) -killed in the Commonwealth. Most of the members did -not know what a loup-cervier was and had to consult the -dictionary, or some other member who had beaten them to -the dictionary, to find out what this particular animal (popularly -known in some places as Lucy Vee) was. The legislator<span class="pagenum" id="Page_101">101</span> -who desired to have his name go down in history -as the author of an addition to the laws of the State -is said to have traded his vote on practically every other -piece of legislation which came up at that session for votes -on his pet measure, which was passed. The State pays as -much as twenty or thirty dollars some years for the animals -killed on which this bill offered a bounty!</p> - -<p>“If there is one place above all others where there is -pride of authorship, it is in the halls of America’s State and -National capitols; and, as in the field of belles-lettres, there -is plenty of plagiarism. Similar bills also are frequently -introduced by a half dozen or more members, each hoping -his may be the one which will stick and bear the mark -of fame.</p> - -<p>“The United States ‘easily holds first place in the manufacture -of statutory law,’ declared Mr. Emery in his speech. -‘A single Congress,’ he added, ‘usually receives some -20,000 bills. Many of the States consider not less than -1000. During the year 1921, 42 legislatures were in -session. Judging from past years, Congress and the States -annually enact an average of 14,000 statutes. The State -and National legislation of a single year recently required -more than 40,000 pages of official print.’</p> - -<p>“Certainly, it is time for a Congress on limitation of -legislation.”</p></blockquote> - -<p>The same paper has this to say, editorially, on -“The Achilles Heel of Prohibition”:</p> - -<blockquote> - -<p>“National Prohibition has not been long on trial. The -final effect of the fundamental change in our Constitution -involved in the enactment of the Eighteenth Amendment -has not been, and cannot be, yet determined. All the -evidence which we have seen, however, tends to show that -the nation is better off materially and physically under<span class="pagenum" id="Page_102">102</span> -Prohibition than under the system which permitted the -sale of intoxicating beverages. Benefits to be derived from -the elimination of the drink traffic did not wait upon our -National experiment for demonstration. They have been -obvious for centuries in the experience of peoples from -whom alcohol has been barred by religious authority. There -remains, however, a very serious problem confronting the -defenders and advocates of national prohibition. It is the -problem of maintaining the respect for law and order and -that mental habit of ready acceptance of legal enactments -which is one of the strongest bulwarks of applied democracy.</p> - -<p>“We do not doubt for a minute that the majority of -the people of the United States are in favor of national -prohibition. Even in great cities where the liquor interests -have had their stronghold we suspect that the number of -men and women who would vote for national prohibition, -were it put to the popular test, is much larger than the -‘wets’ are willing to admit. We say this in order that this -editorial may not be considered as an argument for the -repeal of prohibition amendment by those who are working -for such ends upon premises which we regard as distinctly -unsound.</p> - -<p>“To say that there is a majority in favor of the amendment -does not imply that there is not a large and active -minority in favor of its repeal. The greatest problem confronting -advocates of national prohibition lies in the fact -that this large minority has not accepted the amendment -with that good faith and willing spirit which we have -grown to look upon as characteristic of the spirit of the -losers in our political controversies. There have been -great changes in our government prior to the enactment -of the Prohibition Amendment, but almost invariably these -changes, once effected, have been acquiesced in by their -most ardent opponents. We are not speaking of individual<span class="pagenum" id="Page_103">103</span> -violators, but of the public attitude towards the -law.</p> - -<p>“One of the strongest denunciations of those who have -failed to acquiesce in the Eighteenth Amendment was -recently voiced by Judge Ben B. Lindsay, of Colorado, in -a statement to the press. Judge Lindsay said:</p> - -<p>“‘Is the Eighteenth Amendment going to be enforced? -At the present time it is not being enforced with any degree -of success, but has raised up a trail of evils in its wake -which are as bad, if not worse, than those it sought to -avoid.</p> - -<p>“‘So far the great majority of prosecutions have been -against the poor and uninfluential people who are victims -of the tremendous temptations afforded by the example -of the rich.</p> - -<p>“‘Just what do I mean? I mean that the wealthy and -more favored class in this country must accept a responsibility -which is now being ignored. They must be willing -to give up their pleasures and abide by the law intended -for the good of all. So far they have not set the example.</p> - -<p>“‘The theaters, jokesters, and parodists are encouraged -in making a mockery of the Constitution of the United -States. When a rich or influential citizen fills his cellars -with smuggled liquor and the police are called off, in -nearly every case the “conspiracy of the rich” is immediately -set in motion. What is this “conspiracy”?</p> - -<p>“‘It consists of their influence in reaching officials and -suppressing newspaper publicity concerning themselves. So -long as some of these officials and some newspapers are -lending themselves to this “conspiracy,” they are creating -class prejudice. An example of this occurred in our city -within the past week. A friend of one of our most influential -newspapers became involved in a bootlegging case -and was successful in suppressing all mention of it in that -particular paper which pretends to be against this evil.</p> - -<p><span class="pagenum" id="Page_104">104</span> -“‘The greatest need in this country to-day is to abolish -“special privileges,” and the new “special privilege” which -the Eighteenth Amendment has created is the right of -the rich to have their booze while the same right is denied -to the poor.’</p> - -<p>“Judge Lindsay has laid his finger upon a moral danger -which exists in the widespread levity towards an important -section of our National Constitution. The same menace -was singled out for warning by Prohibition Commissioner -Haynes when he recently said: ‘One of the greatest dangers -now confronting the Republic is that we may lose our -vision of the sanctity and majesty of the law.’</p> - -<p>“How shall we guard ourselves against this menace? -The protection cannot be found merely in increased activity -of the enforcement officials. It cannot be wholly met by -the vigilance of the police. It is a moral danger, and it -must be met with moral weapons.</p> - -<p>“If we turn to the States which experimented with prohibition -prior to the enactment of the National Amendment, -we shall find precedent an uncertain guide to an -understanding of the situation which confronts us. Maine, -which has the longest record under prohibition, has almost -the poorest record in maintaining respect for its prohibition -laws. Kansas, on the other hand, after a generation -of disturbance and conflict, settled down to obedience to -the law backed by a wholesome and widespread public -opinion.</p> - -<p>“Will the Nation follow the precedence of Maine or of -Kansas? The determination of this all-important fact -depends on the sum total of the attitude of our individual -citizens towards the maintenance of our fundamental law. -It is the right of any one to work for the repeal of the -Eighteenth Amendment if he or she so desires, but it is -the bounden duty of every one to see that so long as the -Eighteenth Amendment is part of our Constitution it is<span class="pagenum" id="Page_105">105</span> -accorded that respect upon which the whole structure of -democratic government rests.”</p></blockquote> - -<p>But here we get right back to where we started. -Citizens cannot be <em>forced</em> to respect a law for which, -inwardly, they have a great contempt. Even a spiritual -energy cannot be brought to bear, I fear, which -is strong enough to bring about this desirable end. -The youth of our land, at least in our great cities, -laugh at the Eighteenth Amendment—which means -that they will laugh at other laws, and finally express -nothing but derision for the Government.</p> - -<p>This concentrated feeling is far more serious than -scattered inebriety. It strikes at the very base and -roots of society, and, once having gained a sure hold -on the people, cannot be checked. An observer who -loves America cannot but see in the youth of the -land a total disrespect for order and the old sanctities; -a violation of moral codes, and a failure to -establish rectitude in niches of the heart. There are -no convictions, no principles among the young and -growing population. There is no desire to conform, -no aspiration for a betterment of conditions as they -are. Instead, there is intolerant laughter, and one -is called an old fogy who attempts to assert that -marriage vows mean something and that girls who -drink cocktails in taxicabs out of thermos bottles -are in grave peril.</p> - -<p>There is a studious avoidance of responsibility. -Yet one should not be surprised. The example set<span class="pagenum" id="Page_106">106</span> -is none too worthy. It is known that hypocrisy -exists in high places; that inconsistency is a national -trait; that men in office say one thing and do another.</p> - -<p>I heard a young man remark not long ago: “Oh, -they think it’s wrong, do they, to drink? Well, how -many Congressmen in Washington have replenished -their wine-cellars, do you suppose, since Mr. Volstead -ran this country, eh? I’d like to get affidavits -from bootleggers in Washington, as to just what -stock has been laid in.”</p> - -<p>That feeling—how can one counteract it? One -has no answer for such a sage youth. Alas! he does -some thinking, after all; but our silly legislation has -caused his thoughts to run in a direction from which -we would gladly divert his mind. The fact of the -matter is that most of his elders have thought long -and solemnly on these same things.</p> - -<p>It is not a pretty topic to consider. We will not -face the facts—that is the trouble with America, -as I see it. I know one Assemblyman in New York -State who bravely ran on a wet platform in a dry -community, as a matter of principle. He was weary -of lying to himself, and to his constituents. He said -that as long as he kept a wine-cellar, and deliberately -transported some of its contents when it suited him, -in his car, he could not face his friends. He must -come out in the open and accept their blame or their -approval. He ran for office with a clear conscience; -but others will not thus declare themselves. Behind -veils of verbiage they discreetly conceal their political<span class="pagenum" id="Page_107">107</span> -faces; alone with one another, or with you and -me, they will speak their true mind on Prohibition—particularly -if their tongues are loosened by one or -two glasses of whiskey.</p> - -<p>These are the men who are a danger to the Republic -they pretend to serve. Janus-faces have they. -They are all things to all men. The time will come -when, before we go to the polls, we shall know just -where each candidate stands on every issue. There -will be no equivocation. Declarations must be made. -Masks must be off.</p> - -<p>Of the menace of hypocritical office-holders and -senators, Edwin Markham has spoken eloquently in -these ringing lines. They should be known to us -all in these times of shattered dreams and false -avowals. The old established Ship of State could -weather the gale if the crew were honest and remained -on deck.</p> - -<p class="p1 center larger">THE FEAR FOR THEE, MY COUNTRY</p> - -<div class="poem-container nobreak"> -<div class="poem w20"><div class="stanza"> -<span class="i0">In storied Venice, where the night repeats<br /></span> -<span class="i0">The heaven of stars down all her rippling streets,<br /></span> -<span class="i0">Stood the great Bell Tower, fronting seas and skies—<br /></span> -<span class="i0">Fronting the ages, drawing all men’s eyes;<br /></span> -<span class="i0">Rooted like Teneriffe, aloft and proud,<br /></span> -<span class="i0">Taunting the lightning, tearing the flying cloud.<br /></span> -</div><div class="stanza"> -<span class="i0">It marked the hours for Venice: all men said<br /></span> -<span class="i0">Time cannot reach to bow that lofty head:<br /></span> -<span class="i0">Time, that shall touch all else with ruin, must<br /></span> -<span class="i0">Forbear to make this shaft confess its dust.<br /></span> -<span class="i0">Yet all the while, in secret, without sound,<br /></span><span class="pagenum" id="Page_108">108</span> -<span class="i0">The fat worms gnawed the timbers underground.<br /></span> -</div><div class="stanza"> -<span class="i0">The twisting worm, whose epoch is an hour,<br /></span> -<span class="i0">Caverned his way into the mighty tower;<br /></span> -<span class="i0">Till suddenly it shook, it swayed, it broke,<br /></span> -<span class="i0">And fell in darkening thunder at one stroke.<br /></span> -<span class="i0">The strong shaft, with an angel on the crown,<br /></span> -<span class="i0">Fell ruining: a thousand years went down!<br /></span> -</div><div class="stanza"> -<span class="i0">And so I fear, my country, not the hand<br /></span> -<span class="i0">That shall hurl night and whirlwind on the land;<br /></span> -<span class="i0">I fear not Titan traitors who shall rise<br /></span> -<span class="i0">To stride like Brocken shadows on our skies:<br /></span> -<span class="i0">These we can face in open fight, withstand<br /></span> -<span class="i0">With reddening rampart and the sworded hand.<br /></span> -</div><div class="stanza"> -<span class="i0">I fear the vermin that shall undermine<br /></span> -<span class="i0">Senate and citadel and school and shrine;<br /></span> -<span class="i0">The Worm of Greed, the fatted Worm of Ease,<br /></span> -<span class="i0">And all the crawling progeny of these—<br /></span> -<span class="i0">The vermin that shall honeycomb the towers<br /></span> -<span class="i0">And walls of State in unsuspecting hours.<br /></span> -</div></div> -</div> -<hr /> - -<p><span class="pagenum" id="Page_109">109</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_IX" class="vspace">CHAPTER IX<br /> - -<span class="subhead">DRYING UP THE OCEAN</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">There</span> is a little town in Wyoming which, -outwardly, is as arid as that waste of -desert not so many hundreds of miles away -from it. Yet for a consideration one may obtain all -the moonshine and gin one desires at another village -near by. The lady prohibitionists, all members of -the W. C. T. U., as they pass the erstwhile village -drunkard (on their way to some sanctimonious -meeting), remark what a wonderful thing the cleaning -up of the town has been. Poor devil! only a -little while ago he was literally in the gutter. Now, -look at him, as he sits in the merry sunshine on the -porch of the post-office, whittling his life away, -where aforetime he drank it away. (They do not -know that the poor devil is about the only person -in the village—except themselves—who fails to obtain -whiskey, though his reasons for the lack are -hardly similar to theirs. He simply cannot afford -the price.) It costs a few pennies to get to that -neighboring wet village; and, after one is there, -it costs a little more to procure the stuff he once -drank with such avidity. But the flappers—oh, -yes, they have them even in Wyoming small towns!—and<span class="pagenum" id="Page_110">110</span> -the boys who are their friends, can dash over -in a Ford and get all they want. Concealed on the -hip, they feel no lack of stimulation when the evening -shadows fall. They do not get tight in public, as -the town drunkard used to do—not at all. But they -are up to all the tricks of sly drinking. If they were -burglars, they would be called sneak-thieves. America -has taught them a thing or two; and where the -previous generation, at their age, never dreamed of -taking a cocktail, they think of nothing else, and will -get it at any price. This is true the country over. -But the obviously enforced reformation of many a -village souse is pointed to as perfect evidence that -all is well. I suppose those virtuous W. C. T. U. -ladies go to bed o’ nights and sleep serenely, happy -in the consciousness that they have helped the race. -And even as they slumber, hip-flasks are opened, -corks are popping, and an enjoyable time is being -had by all.</p> - -<p>Thus do reformers blind themselves to conditions -as they are. The village drunkard, tottering to his -grave, has been reformed—if he was worth reforming -at all—while the arriving host of youth is dancing -and singing and jazzing its way “down the primrose -path to the everlasting bonfire.”</p> - -<p>This is but another evidence of our national -hypocrisy. And not content with making the land -dry—which we haven’t done at all—we must go out -and make the sea dry. Our holier-than-thou attitude -has caused us to lose our sense of humor, verily; for<span class="pagenum" id="Page_111">111</span> -to dry up the ocean is going Moses and the children -of Israel one better. Moreover, the day of miracles -is past.</p> - -<p>It was in the early Fall of 1922 that we suddenly -discovered that our ships were a part of sacred -American soil. International law had long since -told us so, but somehow, in the confusion following -the passage of Mr. Volstead’s vaudeville act, we had -forgotten it. Perhaps we were too busy, like the -Wyoming ladies, trying to make our citizens good -on shore to get around to those sensible enough to -leave the country for an ocean voyage. That is the -American way.</p> - -<p>At any rate, our boats continued, under Mr. -Lasker, to be pleasant oases on the desert of the -sea; and fortunate indeed were those who lived -along the coast and could jump aboard if things became -unbearable at home—which they hadn’t. Yet -it was good to know that there the ships lay in harbor, -ready for each and all of us, stocked with -pleasant and rare vintages. Again the rich were in -luck. If one’s pocketbook were fat enough, one -could obtain anything one desired. God pity the -poor workingman, but life was life, and there were -plenty of luxuries which had always been denied the -impoverished, but which the wealthy took as a part -of the strange scheme of things, and oh, yes, it was -awfully unfair, but that was that, and after all what -was one to do about it, and it was too bad, and oh, -dear, and oh, my, and goodness gracious and a lot<span class="pagenum" id="Page_112">112</span> -of other stuff which I have overheard but mercifully -forgotten.</p> - -<p>It took us two and a half years to discover in one -minute that Uncle Sam himself had been a bootlegger -at sea. A long, long time to have had our own -eyes sealed! But when Attorney General Daugherty -finally issued his decision that American boats must -be dry, all sorts of complications arose. We told -foreign governments that their ships, too, must not -enter our ports with liquor aboard. All the ocean, -within the three-mile limit prescribed by international -law, was to cease to be wet. It mattered not -that Italian sailors were supplied with red wine as -part of their fare; they must throw it overboard before -they came into our sanctified precincts. And -even if foreign bars were sealed and padlocked and -double-padlocked, they would be anathema to us. -Whether the liquor brought over on them was intended -to be sold here, or merely kept on board -for the return voyage, mattered not. We were -going to put a stop to rum-running, and now, -Mr. Foreigner, what are you going to do about -it?</p> - -<p>As this is written, England has already protested -against such drastic and high-handed action. One -of the British ships has been seized, and a test case -is to be made of her seizure. We, who held aloof -so long from all sorts of entangling alliances; we -who preached the doctrine of staying at home and -minding our own business, suddenly find ourselves<span class="pagenum" id="Page_113">113</span> -rushing in where angels fear to tread; and, losing -our humor, we may likewise lose our friends.</p> - -<p>The powerful Anti-Saloon League is responsible -for our foolhardiness. We will ruin American shipping, -we will commit maritime harikari; but it is all -right, since, having slipped our heads into the noose -of the fanatics, what difference does it make how -soon or how slowly we strangle to death?</p> - -<p>Of course there will be all sorts of confusion, all -kinds of delays in the courts—for naturally other -nations will make test cases, and it will be many -months—perhaps years—before America knows -how she stands with Europeans and how Europeans -stand with her. It is one thing to manage our own -citizens—quite another to guide the conduct of our -neighbors.</p> - -<p>It is curious how ships and shipping enter into -our governmental affairs again—how history repeats -itself. Deny it though we will, we got into the -World War only after our shipping had been interfered -with. We accepted German insults and taunts; -but the moment our business interests were at stake, -we took up our guns and rushed to save the Allies -and make the world safe for democracy. A utilitarian -reason for saving our own necks—that is all -that it was; and we cannot close our eyes to our -spiritual shortcomings.</p> - -<p>Now we have the effrontery to interfere with the -ships and shipping of foreign countries. Let us see -what will happen to us. Remember that there is no<span class="pagenum" id="Page_114">114</span> -War going on, to fill people with emotion and -ecstasy. This is to be a cold, steel-like remedying -of troubles. Why should our laws be respected, -and those of other nations treated with contempt? -Who are we to say that a Latin sailor should not -consume a glass of red wine with his rations?</p> - -<p>No one can tell what the Supreme Court will do; -but it is rather obvious that if America has closed -up the saloons on shore she should close them up on -sea. If, walking a street in one of our cities, you are -under the protection of the Stars and Stripes, you are -also under that protection pacing the deck of an -American liner. Prohibition must follow the flag.</p> - -<p>But some of the American lines are talking of -changing the flag under which they have been sailing! -Here’s a howdy-do, here’s a pretty mess. It -is unthinkable that a liner should alter her citizenship, -just to carry a bit of beer. Yet that is what -those staid old ladies are contemplating. To what -dreadful deportment are we driven, with Mr. Volstead -ruling us!</p> - -<p>If our ships have to go dry, we will cut off the -large freight business in the West Indies, since much -rum is exported from these islands. There can be -no transportation of wine to countries like France, -Spain and Italy; and, with such loss in revenue, how -can our boats ply to and fro? At this writing, hundreds -of passengers have cancelled their sailings on -American vessels, incensed at the Attorney General’s -ruling.</p> - -<p><span class="pagenum" id="Page_115">115</span> -The New York <cite>World</cite>, which has been a consistent -and fearless enemy of Prohibition, has published -many fine editorials on the subject of a dry -sea; but none states the case better than this:</p> - -<p>“Despite Mr. Lasker’s protest that it will ruin -the American merchant marine, the opinion of Attorney -General Daugherty regarding the sale of -liquor on vessels flying the flag of the United States -is fairly certain to be upheld by the Courts. There -is plenty of law and precedent behind it. But every -phase of law and precedent that supports the opinion -as it touches American shipping runs counter to -the opinion as applied to liners under alien flags.</p> - -<p>“Ships chartered in the United States, according -to Mr. Daugherty, are subject to the laws of the -United States, are, in fact, American territory; but -ships chartered in foreign countries are not foreign -territory. As soon as they enter American waters -all vessels subject themselves to American law, which -means, of course, the Volstead Act. How this -comes about is not clearly explained. It would naturally -be supposed that if an American ship were -American territory a British ship would be British -territory, and so on. Mr. Daugherty cannot have -it both ways. On one point or the other he must -change his mind or have it changed for him.</p> - -<p>“But even though the enforcement law did not -apply to European vessels within the three-mile limit, -it is difficult to discover in what way they would -violate it by carrying a sealed supply of liquor.<span class="pagenum" id="Page_116">116</span> -Possession of liquor, as defined by the courts, must -include a change of ownership. It is not legal for a -manufacturer to ship liquor to a consumer through -the United States, but it is legal for an owner of -bonded liquor to remove it from one place to another -within this country. Alien ships traversing -American waters with sealed liquor aboard would -be guilty of nothing which American citizens are not -allowed on land by judicial decision.”</p> - -<p>Well, if the bars are closed forever on American -ships, it will but add to the present discontent; and -again there will be an expression of our national -hypocrisy. It does not take much vision to see what -will inevitably happen. For just as people drink -now on land when they feel so inclined, they will -drink upon the ocean; and every steward on every -American liner will become a bootlegger, whispering -into the ears of passengers something like this:</p> - -<p>“Say, I have some fine old Scotch—the real thing—only -twelve dollars a bottle. Want some? I’ll -see that it’s brought to your state-room. Oh, no; -there’s not a particle of danger. Everybody’s doing -it.”</p> - -<p>And thus will the comedy go on; thus will the -playing of the farce be extended beyond the three-mile -limit, and within it, too; and once more we will -appear before the world in our cap and bells. No -arrests will be made. Things will simply drift -along; and by and by, even though the Eighteenth -Amendment remains in the Constitution, and the<span class="pagenum" id="Page_117">117</span> -Volstead Act continues to be a part of our laws, both -may be forgotten, just as some of the old statutes of -the Puritans, still upon the Massachusetts records, -have been allowed to float into a limbo of dreams.</p> - -<p>The quandary which a ship finds herself in, sailing -from Great Britain to the United States, is laughable. -John Bull demands, under his democratic -laws, made for freemen, that a certain amount of -brandy be a part of every cargo; whilst Uncle Sam, -a tyrant now—refuses to permit even a single jug -of ale to enter the sacred three-mile limit. Between -Scylla and Charibdis the hardy mariner finds himself. -On what reefs of the mind a captain plunges -as, dazedly trying to obey both laws, he reads first -one ruling and then the other. If he follows John, -he is out with Sam; if he sticks to Sam, he is the -laughing-stock of John.</p> - -<p>This might be the sad song of any sea-captain -these days:</p> - -<div class="poem-container"> -<div class="poem w20"><div class="stanza"> -<span class="i0">Tweedledum and Tweedledee,<br /></span> -<span class="i2">Battledore and Shuttlecock!<br /></span> -<span class="i0">Alack! alas! no more at sea<br /></span> -<span class="i2">Is one allowed his rolling-stock!<br /></span> -</div></div> -</div> - -<p>But the end is not yet. Of course there will be -concessions, many wise shakings of the head, a -profound slumber over tangled legal documents, -and then—perhaps—an awakening to the fact that -after all a holier-than-thou attitude scarcely pays in -these times of human frailty. We may realize, with<span class="pagenum" id="Page_118">118</span> -our native intelligence, that we have made a foolish, -a terrible, a hideous mistake. Worse than being -hated by other nations is being laughed at by other -nations. Can America stand up against the mirth -of Europe over our pig-headedness and smug sanctimoniousness? -If laughter has killed politicians, can -it not kill nations? If ridicule can end a career, can -it not end national nonsense?</p> - -<p>But somehow, despite heavy mandates and injunctions -on the part of the drys, something tells me that -the ocean is going to remain indubitably, irremediably, -habitually, irritatingly and everlastingly wet.</p> - -<p>No one seems to know just where we are destined, -as a nation, to take our way. We fuss and fume and -fret. In the race of life, we put endless obstructions -along the track, and leap the hurdles clumsily, -falling now and then, picking ourselves up, falling -again and otherwise behaving rather ridiculously. -What it all means no one seems to know. Instead -of letting well enough alone, we seem obsessed with -the idea of interfering incessantly with goodly folk. -Suppression is in the air. The skies are clear, but -we put clouds in them—clouds that rise from the -earth because they are of our making. The dust of -the world shuts out the clean prospect ahead of us. -We run about in circles, when, so simply, we could -march on a straight line. We are very, very stupid; -and though we know it now, we are afraid to admit -it to ourselves.</p> - -<p>Again our hypocrisy. Unable to respect ourselves<span class="pagenum" id="Page_119">119</span> -and our own institutions, how can we ask -other peoples to do so?</p> - -<p>In their eagerness to make the ocean round about -the United States dry, Prohibition officials even suggested -to the Government that the Bahama Islands -be purchased from Great Britain. In this heavenly -haven, it was pointed out, rum-runners foregathered; -perhaps England would help us to make such -conditions impossible in the future, and would be -willing to let the Islands come to us, in part payment -of the old War debt. But our own territory -in that direction—Porto Rico and the Virgin Islands—are -still far from dry. With the problem of -these localities still unsettled, it would seem to be -a piece of folly to lay hands on the Bahamas, in the -hope of “cleaning them up.”</p> - -<p>Yet why stop, in our fanatic zeal, at the Bahamas? -Why not reach out and get the Canary Islands—indeed, -everything everywhere. We who preached -aloofness until we were blue in the face, seem suddenly -bent upon interfering with all countries, no -matter how remote they may be. When men were -actually, not potentially, in danger of death and destruction, -we would not lift a finger to aid them in -Europe; but now, with a mock holiness that ill comports -with our attitude of a few years ago, we are -for saving a handful of drunkards from a terrible -end.</p> - -<p>And the pity of it is that we do not see how -funny we are!</p> - -<hr /> - -<p><span class="pagenum" id="Page_120">120</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_X" class="vspace">CHAPTER X<br /> - -<span class="subhead">THE MULLAN-GAGE LAW, THE VAN NESS ACT AND -THE HOBERT ACT</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">The</span> Empire State, not certain that the teeth -of the Volstead Act were biting it hard -enough decided on April 4, 1921, that it -would pass what is known to the man in the street -as the Mullan-Gage Law. It begins as follows:</p> - -<blockquote> - -<p>“<span class="smcap">Sec. 1.</span> The penal law is hereby amended by inserting -therein a new article, to be article one hundred and thirteen.”</p> - -<p>It goes on to say: “The possession of liquors by any -person not legally permitted under this article to possess -liquor shall be prima facie evidence that such liquor is kept -for the purpose of being sold, bartered, exchanged, given -away, furnished or otherwise disposed of in violation of -the provisions of this article; and the burden of proof shall -be upon the possessor in any action concerning the same to -prove that such liquor was lawfully acquired, possessed and -used.”</p></blockquote> - -<p>As every one knows, in ordinary cases a defendant -is considered innocent until proved guilty. But here -we see a dangerous reversal of that idea in jurisprudence. -Anyone carrying a flask would be considered, -in the eyes of this law, a bootlegger, a purveyor -of illegal goods—in fact, a criminal even -though no evidence had been produced to prove him<span class="pagenum" id="Page_121">121</span> -so. In our anxiety to purify the nation, we have distorted -old established laws, turned reasoning topsy-turvy, -and once more made ourselves ridiculous—in -the Empire State at least.</p> - -<p>“Of making many laws there is no end,” one -might paraphrase Ecclesiastes. In his remarkably -interesting book, “Our Changing Constitution,” -Charles W. Pierson points out the growing dangers -which confront us, because of our repeated amendments -and addenda. He sounds many a warning, -and every American should read his brief but profound -volume.</p> - -<blockquote> - -<p>“Whatever view one may hold to-day,” he writes, “as -to the question of expediency, no thoughtful mind can -escape the conclusion that, in a very real and practical sense, -the Constitution has changed. In a way change is inevitable -to adapt it to the conditions of the new age. There -is danger, however, that in the process of change something -may be lost; that present-day impatience to obtain -desired results by the shortest and most effective method -may lead to the sacrifice of a principle of vast importance.</p> - -<p>“The men who framed the Constitution were well advised -when they sought to preserve the integrity of the -states as a barrier against the aggressions and tyranny of -the majority acting through a centralized power. The -words ‘state sovereignty’ acquired an odious significance -in the days of our civil struggle, but the idea for which they -stand is nevertheless a precious one and represents what -is probably America’s most valuable contribution to the -science of government.</p> - -<p>“We shall do well not to forget the words of that staunch -upholder of national power and authority, Salmon P. Chase,<span class="pagenum" id="Page_122">122</span> -speaking as Chief Justice of the Supreme Court in a famous -case growing out of the Civil War:</p> - -<p>“‘The preservation of the states, and the maintenance -of their governments, are as much within the design and -care of the Constitution as the preservation of the Union -and the maintenance of the National Government. The -Constitution in all its provisions, looks to an indestructible -Union composed of indestructible states.’”</p></blockquote> - -<p>Yet today what do we find? The States renouncing -their sovereignty, abrogating their authority -to the central government, time and again diminishing -their own strength, losing sight of one of -the very things on which the safety of our country -depends. Worse than that, some of them have attempted -to pass laws which seem totally unnecessary, -in the light of the already rigid Volstead Act. Witness -the State of New Jersey, for instance, with the -iniquitous Van Ness Act, which, fortunately, was -deemed unconstitutional.</p> - -<p>Early in 1921, Mrs. Frank W. Van Ness, while a -member of the New Jersey Assembly from Essex -County, of which Newark is the county seat, introduced -the act which provided that “whenever a complaint -is made before any magistrate that a person -has violated one or more of the provisions of this -act, it shall be the duty of such magistrate, and -every such magistrate is hereby given full power and -authority to issue his warrant to arrest any such person -so complained against, and, summarily, without -a jury and without any pleadings, to try the person<span class="pagenum" id="Page_123">123</span> -so arrested and brought before him and to determine -and adjudge his guilt or innocence.”</p> - -<p>The Volstead Act plainly states that anyone -violating the provisions of that act is guilty of a -crime. Mrs. Van Ness’s Act was an attempt to have -such persons, in the State of New Jersey, guilty of -disorderly conduct, which would not require a trial -by jury.</p> - -<p>The New Jersey Legislature passed the Van Ness -Act, and other State prohibition laws, at its session -of 1921; but on February 2, 1922, the Court of -Errors and Appeals of New Jersey held that a number -of the provisions of the Van Ness Act were unconstitutional. -The prevailing opinion was written -by Chancellor Walker, but there was a difference -among the judges as to the constitutionality of some -of the different provisions of the act, and other opinions -were also written. The Court of Errors and -Appeals is the Court of last resort in New Jersey, -and by its judgment it reversed the Supreme Court -finding which had theretofore held the Van Ness -Act to be constitutional.</p> - -<p>Mrs. Van Ness was a candidate for reëlection in -the fall of 1921, but was not reëlected. Is there no -significance in this fact?</p> - -<p>As old as Magna Charta is the right of any citizen -to a trial by jury, when convicted of a crime; -and as old, too, as that sacred document, is the -theory that one is innocent until proved guilty. Yet -the Volstead Act has paved the way for politicians<span class="pagenum" id="Page_124">124</span> -without vision to seek to destroy these inalienable -rights.</p> - -<blockquote> - -<p>“Where there is no vision, the people perish.”</p></blockquote> - -<p>Among other things, in the opinion handed down -in 1922, Chancellor Walker wrote:</p> - -<blockquote> - -<p>“The act entitled ‘An act concerning intoxicating liquors -used or to be used for beverage purposes,’ passed March 29, -1921, the short title of which is ‘Prohibition Enforcement -Act,’ commonly called the Van Ness Act, authorizing convictions -for violation of its provisions by magistrates without -trial by jury, violates Article 1, Sec. 7, of the Constitution -of New Jersey, 1844, which provides, inter alia, -that the right of trial by jury shall remain inviolate; and -also Id. Sec. 9, which provides, inter alia, that no person -shall be held to answer for a criminal offense unless upon -the presentment or indictment of a grand jury.”</p></blockquote> - -<p>And another judge rendered this opinion:</p> - -<blockquote> - -<p>“The Van Ness Act is invalid to the extent that it makes -violations of its provisions disorderly acts as distinguished -from those which are criminal in their nature because, prior -to its enactment, the Congress of the United States had -already declared by necessary implication in the federal -statute, commonly known as the Volstead Act, that a person -who violated any provision of the Eighteenth Amendment -to the Federal Constitution, should be guilty of crime.”</p></blockquote> - -<p>The constitutional provision in the State of New -Jersey has long been known to be as follows:</p> - -<blockquote> - -<p>“The right of trial by jury shall remain inviolate; but -the legislature may authorize the trial of civil suits, when<span class="pagenum" id="Page_125">125</span> -the matter in dispute does not exceed fifty dollars, by a -jury of six men.”</p></blockquote> - -<p>Chancellor Walker further pointed out that the -Constitution of 1776 had contained this provision:</p> - -<blockquote> - -<p>“And ... the inestimable right of trial by jury shall -remain confirmed as part of the law of this colony, without -repeal, forever.”</p></blockquote> - -<p>But though the Van Ness Act was declared unconstitutional -the work of suppression went on. The -Hobert Act took its place. The Association Against -the Prohibition Amendment (New Jersey branch) -protested to Governor Edwards when the Bill was -passed. They pointed out that Chancellor Walker, -in his opinion in the Court of Errors and Appeals, -on page 18 of the decision dated February 2, 1922, -had said:</p> - -<blockquote> - -<p>“New Jersey need not have passed any enforcement act -and could have left the field wholly to Federal endeavor -under the Volstead Act.”</p></blockquote> - -<p>They likewise pointed out that there were no advantages -whatsoever to the State of New Jersey -proceeding from such an act; but the disadvantages -were numerous and severe. It put upon the State -courts all the work, and upon the citizens of the -State all the expense of enforcing the national law. -They also showed how tyrannical the Act was in -certain sections. Section 16 reads as follows:</p> - -<p><span class="pagenum" id="Page_126">126</span></p> - -<blockquote> - -<p>“Any officer engaged in the enforcement of this act who -shall search any private dwelling, as herein defined, which -is occupied as such dwelling, without a warrant directing -such search, or who, while so engaged, shall, without a -search warrant, maliciously and without reasonable cause -search any other building or property, shall be guilty of a -misdemeanor and upon conviction thereof shall be punished -for a first offense by a fine of not more than one thousand -dollars, and for a subsequent offense by a fine of not more -than one thousand dollars, or by imprisonment for not -more than one year or by both such fine and imprisonment.”</p></blockquote> - -<p>It was shown that this section had been taken, -word for word, from the Amendment, forced upon -the United States Senate by the House in the Willis-Campbell -Bill and passed by the Senate on November -18, 1921. The Stanley Amendment originally -offered in the Senate for the purpose of serving as -an enforcement act to the Fourth and Fifth Amendments -to the Constitution was passed unanimously -by the Senate after a thorough investigation and -after having been accepted by Senator Sterling who -had charge of the Bill. The House refused to accept -the Amendment and put into the Bill the following -section:</p> - -<blockquote> - -<p>“That any officer, agent, or employee of the United -States engaged in the enforcement of this act, of the national -prohibition act, or any other law of the United -States, who shall search any private dwelling as defined in -the national prohibition act and occupied as such dwelling, -without a warrant directing such a search, or who while so -engaged shall without a search warrant maliciously and<span class="pagenum" id="Page_127">127</span> -without reasonable cause search any other building or property -shall be guilty of a misdemeanor,” etc., etc.</p></blockquote> - -<p>Senator Ashurst, of Arizona, a dry Senator, and -one who said he had never cast a wet vote in his -life, refused to sign the conference report on the -ground that the language of this section did not protect -the people in their rights. He was joined by -other dry Senators for the same reason. Senator -Reed, of Missouri, than whom there is no greater -Constitutional lawyer in the United States, in calling -attention to the words, “shall without a search -warrant maliciously and without reasonable cause,” -had this to say:</p> - -<blockquote> - -<p>“What is the plain inference to be drawn from that -language? First, you must have a warrant to search the -house. Second, if while you are searching the house you -proceed without a warrant to search the other building or -property you are not guilty of offense unless two things -concur: First, you must have been without any reasonable -cause to search the other buildings or property, and, second, -you must have acted maliciously. Notice the language. It -is worth your while. You are legislating for 110,000,000 -people and you are putting this authority into the hands of -irresponsible men, proceeding without bond, armed with -big guns, and sent out among the people.”</p></blockquote> - -<p>The Hobert Bill invites Prohibition agents and -officers to go anywhere they desire <em>without</em> a search -warrant, with the absolute assurance that in their -unlawful occupation they are immune under the law. -“Malice” is the most difficult thing in the world to<span class="pagenum" id="Page_128">128</span> -prove—with the possible exception of “without reasonable -cause.”</p> - -<p>As a friend of mine, William L. Fish, says, “The -Van Ness Act was the <em>Bill Sykes</em> of legislation, while -the Hobert Act is the <em>Iago</em>.” Between two such -arch villains there is little choice. We are not reforming -the country, but deforming it.</p> - -<p>If the people are to lose such cherished rights, -there is little hope for America. Blind indeed are -those who cannot read the writing on the wall. -Surely there must come a reaction against such intolerable -legislation.</p> - -<p>Already one senses a change of feeling; for millions -of us cannot be wrong when we claim that -disregard of the laws of the land is as serious a problem -as the old problem of the corner saloon. If, in -correcting one evil, we bring to life greater evils, -are we on the right track?</p> - -<div id="ip_128" class="figcenter" style="max-width: 25em;"> - <img src="images/i_145.jpg" width="393" height="600" alt="" /> - <div class="caption">Solemnly up and down that room the officer walked, glancing here and -there, after the manner of a soldier in the late war standing guard over -military prisoners.</div></div> - -<hr /> - -<p><span class="pagenum" id="Page_129">129</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XI" class="vspace">CHAPTER XI<br /> - -<span class="subhead">BOOTLEGGING AND GRAFT</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">Prohibition, being</span> a phenomenon, has inevitably -bred other phenomena. The most -ardent fighters for a dry United States are -the Prohibitionists themselves—and the bootleggers. -A new industry, which flourishes every day, despite -the honest attempts of the Government to suppress -it, has arisen. It brings in a fat profit to those who -enter it. An incredible army of active workers is -marching—or rather driving in motor-cars—through -the land, doing a prosperous business. They do not -deposit their earnings in our banks; for if they did -so, the federal authorities could force them to pay -an income tax. Instead, they put them in the proverbial -stocking; and after a sufficient number of -bank-notes—for it is usually a cash business that is -carried on—are available many of the bootleggers, -who are mostly foreigners, sail for parts unknown. -There they intend to spend the rest of their days in -peace and comfort and opulence. Why not?</p> - -<p>I am writing of the evils of bootlegging not only -as they apply to a great city like New York. In a -certain western city of some 250,000 inhabitants—a -city in a State which went dry long before the constitutional<span class="pagenum" id="Page_130">130</span> -amendment—a woman told me that all -she had to do was to ring up her favorite bootlegger -when she was giving a dinner-party, and practically -anything she desired would be delivered at her door -within fifteen minutes. It is very difficult to get -evidence against these diligent business men, and I -have encountered only a few people who have conscientious -scruples about dealing with them. It is -hard to be consistent concerning Volsteadism. If -the Act itself plays merry pranks on sea and shore, -why should not human beings likewise forget their -dignity once in a while?</p> - -<p>The bootlegging evil has begotten another evil. -Graft is stalking through the land, hand in hand -with it. They are boon companions. They are inseparable. -Where one is, there you will always find -the other. Brothers in sin; Siamese twins. Damon -and Pythias, Ruth and Naomi, were not more devoted. -But their unholy alliance has none of the -virtues of those ardent and ancient friendships.</p> - -<p>There is always, in any illicit transaction, a man -higher up who must reap his share of the illegal -profits. Usually, the American public rebels at the -middleman, resents his grasping proclivities; but -nowadays, being humanly thirsty, it has no time to -quibble; and so long as it gets its modicum of spirits, -it has little fault to find with the humanly fallible -protector of the bootlegger who must receive some -attention. It is willing to pay almost anything for -whiskey or gin, and, used to being “done,” it good-naturedly<span class="pagenum" id="Page_131">131</span> -recognizes the authorities along the way -who are in a position to open stores of the desired -stuff, and see that it is delivered to the crowding -bootleggers. It is an endless chain; and to become -wealthy overnight has always been the dream of the -average American. With Prohibition, he sees an -opportunity such as never existed before, and thousands -are taking advantage of the situation.</p> - -<p>When one considers the amount of revenue which -formerly poured into the coffers of the United States -treasury because of the tax on alcohol, and what the -loss of that money must mean today to the Government, -one realizes that in some manner the deficit -must be made up. The good old genial public is -again the goat, to fall into the vernacular. Prices -have risen since the passing of the Eighteenth -Amendment. Hotel proprietors, who formerly -counted upon a considerable income through their -bars, now find themselves forced to charge higher -prices for food. Time was when, if one failed to -order wine with one’s meals, an extra twenty-five -cents was asked. It was taken for granted that red -or white wine was a part of one’s ration, as it were; -and those who failed to indulge in the luxury were -looked upon as rather curious specimens of humanity. -A table d’hôte, with <i xml:lang="fr" lang="fr">vin rouge</i>, was the regular -thing; and the wine was included in the price -of the dinner. With the going out of all forms of -drinks, naturally there had to be a readjustment of -menu-cards. There is a tax now almost everywhere<span class="pagenum" id="Page_132">132</span> -for bread and butter; and a cover charge is made in -practically all the metropolitan restaurants. Gradually, -one notes, these “extras” are creeping in. One -cannot blame the hotel-keepers. Rents and wages -have increased since the War; therefore they must -ask more for their rooms, as well as for their dining-room -service. And where one formerly tipped in -moderation, the average waiter scorns anything less -than fifteen or twenty per cent of the amount of one’s -check. The good-natured and long-suffering American -people are imposed upon at every turn. And, -denied the privilege of consuming liquor openly, they -give dinners in their homes, where at least there -can be a semblance of harmless gayety. This causes -fewer people to go to the smart restaurants in a city -like New York; and generally there is no supper -crowd at all. Lights are dimmed early; and while -I am holding no brief for late hours, I do think that -human beings should be permitted to organize their -own lives, and decide for themselves whether a -supper-dance after the theater or the Opera is harmful. -At luncheon time the hotels present another -aspect. They still do a thriving business; but, as I -have said in a previous chapter, for many and many -a year there had been little drinking in the middle -of the day.</p> - -<p>With fewer people to serve, and fewer meals to -serve, hotel men have been driven to ask more for -that service which they continue to render. The one -bright thought in this painful readjustment is the fact<span class="pagenum" id="Page_133">133</span> -that the Prohibitionists must help the rest of us to -make up the loss of revenue. Their checks, hitherto -much less than ours, are now quite the same. But, -then, I imagine few of them have ever cared for -brilliant lights and smart napery, preferring to dine -in the dim sanctity of basements and back rooms at -an hour so early that daylight has hardly gone when -the “supper bell” rings. The color and joy of the -Ritz or the Plaza would scarcely appeal to a fanatic.</p> - -<p>But to get back to the bootleggers. There are -many degrees of them. Some are honest; others are -not. Once in a while a gin bottle will contain nothing -but water; and sometimes whiskey will have been -diluted, and near-beer sold as the regular thing. Yet -with an established trade, and recognized business, -conditions are improving. Even as there is honor -among thieves, the latest model of bootlegger must -play the game squarely; and those of the better class -frown upon chicanery, and are disgusted when -spurious material is sold. They realize that if inferior -liquor is delivered, sales may soon cease altogether. -Therefore those who have their best interests -at heart—and their name is legion—are cautious -and painstaking, and will honestly tell a customer -whether he is buying synthetic gin or pre-Volstead -stuff.</p> - -<p>I do not pretend to know the workings of this -nefarious trade; but I do know this: that many Italians -and Germans and Frenchmen, among others, are -doing a thriving business, and are only too glad to<span class="pagenum" id="Page_134">134</span> -donate part of their enormous commissions to the -local ring who, in return, offer them complete protection. -And from talks which I have had with -various restaurant proprietors who likewise pay -graft regularly, I know that our Government has -lost the respect of practically every foreigner; for he -sees not only his own people defying the law, but the -Americans disobeying it under his nose. He says -that so long as there are grapes on vines and apples -on trees; so long as fermentation is a natural process, -there will be drinking in the world; and he cannot -understand why it is against the law to take a sip of -red wine with one’s spaghetti, or a nip of brandy -with one’s coffee. It is all incomprehensible to him. -His children grow up, seeing him have no reverence -for the laws of the country he has adopted.</p> - -<p>Of course the Prohibitionist will say that there -is a very simple solution of this. These foreigners -within our gates should succumb to the inevitable, -and obey the law. True. I wish that everyone -would obey the law. The way for children not to -be punished at school is for them to behave themselves. -But it is difficult to force people to do something -which it is inherently distasteful for them to do. -We invite immigration. We welcome hordes of -people to our shores—people who, we know, are -accustomed to taking wine and beer with their meals; -and then we impose strict measures upon them, suddenly, -and expect them to fall into line. We should -educate them first. We should let them know what<span class="pagenum" id="Page_135">135</span> -the Constitution means, what it stands for. We -should insist that they learn our language, study the -history of the United States, absorb the meaning of -America before they attain citizenship. We are -loose with them; why should they not be loose with -us? They see that we are none too careful when we -allow them to cross our threshold; why should they -help us tidy up the house after they are safely -within it?</p> - -<p>The truth is, if we would but face it, that we are -thorough in few things. We make a great pretense -at civic virtue and national righteousness, and we -neglect the fundamentals. To the core of things we -seldom wish to go.</p> - -<p>The bootlegger, laughing in his sleeve at the -boasted and vainglorious spiritual integrity of -America, is but the natural result of our own folly. -He is as inevitable a part of so-called Prohibition as -feathers are a part of birds. As time goes on, his -business now conducted in secret may be conducted -openly. He may become a recognized figure in society, -since we can never suppress him utterly. He is -like the bounder in every club, the <i xml:lang="fr" lang="fr">nouveau-riche</i> in -every drawing-room. He has come to stay, more’s -the pity. For an enormous percentage of Americans -approve of him, the while they disapprove of him. -They know his faults; but they say to themselves -that even Congressmen have faults; and they know -down deep in their hearts that many a Congressman -and many an exalted Judge patronize the bootlegger,<span class="pagenum" id="Page_136">136</span> -receive social calls from him, and even speak to him -on the telephone when they are “out” to others. -The bootleggers know all this. Why should they, -therefore, venerate a system which is not treated -seriously by those in the highest places? We are -asking of them something superhuman. And the -latest development is that the bootleggers are now -paying income taxes, openly stating the source of -their earnings, with no fear of getting into trouble.</p> - -<p>Meanwhile, the propaganda of the Anti-Saloon -League goes on in the newspapers, with this and that -report of how a “ring of bootleggers” has been -wiped out. We read of sensational raids in the big -cities; and there is a cry that federal officers have -“broken” the whole system to pieces. Thousands of -quarts of Scotch have been confiscated—where it is -placed, no one seems to know. Dry agents, in their -zeal, even search hearses, and make the undertakers—to -say nothing of the bereaved relatives of the -deceased—quite angry. The time may come when -X-rays may be taken of innocent citizens, to discover -whether they have been drinking liquor. Do -not smile. Anything is possible when a great country -allows itself to be governed by an organization of -fanatics who have intimidated Congress and seem -bent upon ruining our shipping industry.</p> - -<p>But it would appear almost impossible to get -honest men to act in the capacity of spies. There is -an everlasting “shake-up” of federal officials who -are supposed to see that the Volstead Act is enforced.<span class="pagenum" id="Page_137">137</span> -Here again the human element enters—that -element which the fanatics never recognize. -The temptations are too great for the average -man. He knows that bootleggers are getting rich. -And soon he sees that if he closes his eyes and opens -his hand, he too can become a Crœsus. At first, it -may be that he hesitates. There is danger of being -caught. Well, why not take a chance? he says to -himself. Others are doing it. After all, one has to -live, and a six-cylinder car <em>would</em> be nice. Thus is -the voice of conscience quieted; and soon it ceases to -whisper at all. That little Italian restaurant in his -district—ah, yes! they dispense drinks to the favored -few who know the ring the bell must be given. It -would be so easy to pretend that he does not know of -its existence; and Tony, after all, is not such a bad -sort. He’ll hand over the kale, without a question, -without a murmur.</p> - -<p>And so one more federal official goes to the dogs, -a man who until yesterday was honest. Knowing -that his lucrative career may be brief, he has determined -to make hay while the sun shines. And Prohibition -has created another crook in the wicked -city, though of course it has cured a drunkard in the -virtuous country. And the Anti-Saloon people are -perfectly satisfied.</p> - -<p>Are you?</p> - -<hr /> - -<p><span class="pagenum" id="Page_138">138</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XII" class="vspace">CHAPTER XII<br /> - -<span class="subhead">“DON’T JOKE ABOUT PROHIBITION”</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">Not</span> content with forcing us to close our lips -to liquor, the Prohibitionists recently sent -out a request, which amounted to an order, -that no one should open his lips to speak disparagingly -or in jest of the sacred Eighteenth Amendment. -We were to be denied the blessed privilege -of laughing at ourselves, even! I suppose that a -few fanatics—oh, merely to study life, bless their -hearts!—had gone into a vaudeville theater and -had been incensed at the ribaldry of the actors and -the shrieks of mirth of the audience over Prohibition -wheezes. I have seen an assemblage in convulsions -when some light mention was made of Mr. Volstead; -and whenever a flask is displayed on the screen of -some movie house, there never fails to follow a -round of loud applause.</p> - -<p>Our comic weeklies and newspaper supplements -continue to print Prohibition jokes, much to the -delight of their readers. One fearless periodical, -<cite>Judge</cite>, has come out openly for light wines and beer—and -lost a valued contributor thereby. Another -paper, on the contrary, solemnly prints this editorial, -headed “There Are Jokes and Jokes”:</p> - -<p><span class="pagenum" id="Page_139">139</span> -“A great concern operating vaudeville theaters in -most of the large cities has issued an order that all -performers must cut out their jokes about Prohibition. -This is progress. It should be followed by -orders to eliminate Prohibition jokes from our legislatures, -courts, police stations, city halls, and all -other places where men supposed to be serious and -doing serious work are to be found. The outstanding -fact about Prohibition seems to be that people -forget that it came about through an amendment to -the United States Constitution.”</p> - -<p>Meanwhile, the mother-in-law joke is tolerated, -and roared at. It is perfectly all right for a man to -make fun of his wife’s mother, since there is no -formal statute against such jests; but it is unthinkable -that he should laugh at himself because he can’t -get a simple glass of beer. The country he fought -for, and was willing to die for, denies him an ancient -form of enjoyment. He could make fun openly of -negroes, though the Fifteenth Amendment tells him -that they are his peers.</p> - -<p>The reformer, you see, never counted upon the -chaffing which the Volstead Act would have to stand. -Ridicule can kill anything, and they know it now. -Therefore, they must stop ridicule by mandate. -Heaven knows there is little to smile at these days—except -Prohibition. Are we to have that luxury -taken from us too?</p> - -<p>It looks that way. Yet no law can control people’s -innermost feelings. No request—amounting to<span class="pagenum" id="Page_140">140</span> -an order—can coerce a nation to do something it is -not impelled to do, of itself. One remembers a sad -time, not so long ago, when we were begged to -remain neutral in thought, word and deed; and -notices were printed in theater programs, urging us -to make no demonstration when the troops of the -Allies crossed the screen; to give no sign when the -German army did likewise. Yet there was a burst -of applause or a burst of hisses, just the same. The -minds of a people cannot be controlled. It is nonsense -to try to control them.</p> - -<p>Now the fanatics would seek to rob us of the joy -of laughter. For of course they despise and detest -laughter. Laughter—ridicule—is a sword that can -be used against them. We can make this whole -business of Prohibition so ludicrous that we can -laugh it out of the statutes. Guffaws have disturbed -many a solemn meeting; and a single cartoon has -broken many a promising politician. One may be -able to stand up against a serious argument; but -lampooning has destroyed even men of genius.</p> - -<p>All was to be well the moment the Eighteenth -Amendment became a fact. Everyone was going to -sit still and take it very seriously, just as the Prohibitionists -had planned. The lid was on, and on it -would remain—forever and ever. Puritans have no -sense of humor, or they would not be Puritans. -They had not dreamed that someone would overturn -the can on which the lid was placed, and, -through sheer joy of living, shout and sing as of old.<span class="pagenum" id="Page_141">141</span> -The habits of generations cannot be changed in a -moment. We who had been accustomed to decent -drinking did not intend to stop at once. We would -“taper off,” as the topers put it. We had laid aside -a little supply of jollity, and the word would go -about that So-and-so had a large enough and deep -enough cellar to permit him to entertain for at least -three or four years.</p> - -<p>One of the strange things about Prohibition was -the fact that, with its coming, everyone imagined -that everyone else would turn miser concerning -treating. But here again the human element was -forgotten. Everyone seems more anxious than ever -to prove that his bootlegger has an exhaustless supply; -and a certain pride is taken in handing out innumerable -drinks. An aristocracy has arisen that even -serves liqueurs after coffee—as though a plethora of -<i xml:lang="fr" lang="fr">crême de menthe</i> and yellow and green chartreuse -were in the land. The proverbial generosity of the -American was never more in evidence. Where one -was niggardly, perhaps, in the old days, one can -scarcely afford to be so now; and those who accept -drinks without returning them are frowned upon as -unworthy. They are the outcasts of a new society, -the lowest form of hanger-on. Of course they are -not nearly so numerous as of old; therefore they are -more conspicuous.</p> - -<p>And so the laughter goes on; but even when the -reformers do not hear it, they writhe, knowing of its -existence. Once in a great while some echo reaches<span class="pagenum" id="Page_142">142</span> -them, no doubt. Things have not “straightened -out” as they had anticipated; and so they squirm, -and rage, and puff up, and devise ways and means to -call a complete halt on all merriment, whether it is -directed at them or not.</p> - -<p>In all seriousness a woman’s temperance society -sent a mandate to every editor in the United States -not long ago, bidding them cease satirizing Prohibition. -It would not do, they contended, to continue -to smile at the sacred Eighteenth Amendment. Mr. -Volstead, also, was sacrosanct; and it was outrageous -the way piety was pooh-poohed, and what did -the editors <em>mean</em> by such conduct, and why didn’t -they stop it and obey teacher and be good?</p> - -<p>And every government official, when he gets up -at a banquet to make a speech, begs his hearers to -heed the law—though he knows full well that down -the street another banquet may be going on, attended -by officials equally high, where the law is -never thought of. It is a sad commentary on our -government when it is necessary thus to address the -people. “We must be one people, one union—and -that the American Union,” shouted one representative -of the government speaking in Chicago before a -business men’s convention. And he went on to say, -“Whenever a newspaper ridicules a law, plays up a -policy of contempt for law and its enforcement and -in its news and editorial columns fosters law-breaking, -that newspaper is doing more to destroy American -institutions than a Federal Judge can do to maintain<span class="pagenum" id="Page_143">143</span> -them.... No man in public life who is possessed -of vision and realizes his responsibility to -Government would favor regulation of the public -press by law, but it is obvious that the power of the -press must not be used to foster disrespect for our -Government and disobedience to its laws.”</p> - -<p>Free speech will not be tolerated, if the fanatics -have their way. Yet the first article in the Amendments -to the Constitution says:</p> - -<p>“Congress shall make no law respecting an establishment -of religion, or prohibiting the free exercise -thereof; or abridging the freedom of speech, or of -the press; or the right of the people peaceably to -assemble, and to petition the Government for a -redress of grievances.”</p> - -<p>In order that the Eighteenth Amendment may be -upheld, the First may be forgotten.</p> - -<p>But to get back for a moment to the ladies of the -something-or-other temperance society. A brilliant -writer, Mr. Edward S. Martin, answered them delightfully -in <cite>Harper’s Magazine</cite>; and with the kind -permission of the editors of that periodical, I am -privileged to make extracts from his article. Mr. -Martin never loses his temper, as the ladies certainly -did. He remains, as ever, the tactful, urbane, pitying -occupant of the editor’s easy-chair. He does not -even frown. He speaks from a long experience, -gently but to the point:</p> - -<p>“The enforcement of Prohibition meets with -some obstacles and furnishes food for thought to<span class="pagenum" id="Page_144">144</span> -two large groups in the community—the people who -want it enforced and the people who occasionally -want something to drink. Just at the moment it -seems as if the people who want a drink are somewhat -ahead of the other group in the competition; -at any rate, the group that wants enforcement seems -to think it necessary to make extra effort. To -<i>Harper’s Magazine</i>, as doubtless to hundreds of -other periodicals, has come a communication from -the Committee for Prohibition Enforcement of a -much-respected and powerful organization of -women, which announces that the committee has -adopted a program, the items of which it communicates. -The fifth item is to the effect that all the -ministers be urged to preach and teach the necessity -for respect for and observance of the law. The -sixth item runs, ‘That every theatrical manager, -movie manager, and editor, whether of a daily, -weekly or monthly publication, be requested to see -that all jokes ridiculing Prohibition and its enforcement -are eliminated from any production, film, or -article coming under his jurisdiction, and that the -matter be treated with that seriousness that the subject -merits; and that this resolution be thrown on -the screen and printed in the different papers and -magazines throughout the country.’</p> - -<p>“The demand for protection from jokes is often -made and always implies that there is something -that needs to be joked about. There is a sin called -‘sacrilege.’ If we joke about things that are sacred<span class="pagenum" id="Page_145">145</span> -to enough people, it gives a kind of offense which, -even if the law does not punish it, it is not safe to -excite. There is a sin of blasphemy, which we suppose -the law will still punish if it is gross enough. It -will be agreed that the considerate people do not -jest about sacred things, nor even about things -which, though not sacred to themselves, are sacred -to the people they are talking to. Well, then, is -Prohibition one of these sacred things we must -not talk about? Are amendments of the Constitution -and the Volstead law to rank with the -Ten Commandments and the Sermon on the -Mount as not being safely subject to derisive comment?</p> - -<p>“Something like that seems to be in the minds of -the women whose communication we have received, -who include item six in their program, but if so, their -attitude is wrong. A constitutional amendment is -not sacred, much less a Volstead Act. It is the -Volstead law that the jokes on Prohibition are aimed -at more than the amendment. If we cannot joke -about an act of Congress, then indeed things have -come to a restricted pass. If a law is bad, one of the -ways to beat it is to laugh it out of court. If that is -being done about the Volstead law, the ladies who -want that law enforced would do well to examine it -and see why it is not enforced, rather than try to -stop jokers from laughing at it.</p> - -<p>“A letter writer to a newspaper says, ‘If it is true -that a community gets the kind of government it<span class="pagenum" id="Page_146">146</span> -deserves, it is equally true that a law gets the kind of -obedience it deserves.’ His assertion may be disputed, -but still, if the Volstead law is not being -respected, is it certain that it deserves respect? It -is a law in the process of being tried out. If it is -good we want it enforced. If it is bad we want it -amended, but we do not want to be choked off from -discussing it or testing it. There is no power in -Congress to say what is right or wrong. The most -that Congress can do is to say what is lawful or -unlawful. The distinction is important. The practical -judge of whether a law is right or wrong is the -general community to which the law applies. If that -community will not back up the enforcement of the -law, it will not be enforced. It is yet to be demonstrated -how far the Volstead law, as it stands, is -enforceable. If its fruits do not please a majority -of the people who live under it, it may have to be -modified so that it will stand for something that is -near enough to be the popular judgment of what is -right to win popular support. There is a great deal -of good in the present Prohibition movement. It -put the saloons out of business. It checked the -brewers and distillers in their over-strenuous efforts -to sell their products. It accomplished benefits -which probably could not have been accomplished -except by the kind of clean sweep that the amendment -was. But it was necessarily a rough job—an -experiment to be tried out in practice. If its rules -need modification, they may get it or they may not,<span class="pagenum" id="Page_147">147</span> -but if not, they may be practically modified in -enforcement.</p> - -<p>“Who is boss in this country? Is it the President, -the Senate, the House, the Supreme Court, the state -authorities, the newspapers, the lawyers, the ministers, -the doctors, or possibly the women?</p> - -<p>“None of them! Public opinion is the boss. In -the long run, what public opinion demands it gets. -Laws to be of any worth have to have sanction. -That is, there must be something to make people who -violate them feel that they are doing wrong. The -laws of nature have abundant sanction. If you fool -with the law of gravitation, you get bumped. There -is no trouble about the enforcement of the law of -gravitation. Nobody goes around begging you not -to ridicule it. It takes care of itself, and if you flout -it you pay the consequences. The Ten Commandments -have a sanction of long experience. Some of -them are obsolete, but the others are respected, and, -though they are not directly enforced by the courts, -laws based on them are so enforced. Public opinion -hereabouts rests very considerably on the Ten Commandments. -They have shaped the habits of -thought and deportment of many millions of people, -including most of those now living in this country.</p> - -<p>“The trouble with the present enforcement of -Prohibition is that it has not yet got moral sanction -enough to make it effective. Public opinion will back -up the law in closing the saloons and restricting and -regulating the sale of intoxicants, but it does not<span class="pagenum" id="Page_148">148</span> -follow it, for one thing, in defining a beverage with -an alcoholic content of one half of one per cent as -intoxicating. When it comes to that, public opinion -laughs, because that is contrary to its experience. -Furthermore, public opinion shows as yet no particular -fervor about achieving a total stoppage of -alcoholic supplies from those who want them. No -serious stigma attaches to violations of the Volstead -law by private buyers. Fines and like embarrassments -may result, but not disrepute. A good many -fairly decent people seem to buy what they want, -and do not conceal it. The people who thought -before the law was adopted that it was wicked or -inexpedient to drink intoxicants, still think so. The -people who thought otherwise continue to think -otherwise. Many people drink less than before the -law began to operate, but a good many other people -drink more, and buy much worse beverages at much -higher prices. To some extent Prohibition seems to -have made drinking popular by diminishing the individual -discouragement of it and putting the responsibility -for the maintenance of temperance on a law -and the officers who enforce it. That may be only -a temporary effect, but if it turns out that the -Volstead law, as it is, cannot be enforced at the -present time, there may possibly be an effort to tinker -it—to put it into such shape that public opinion will -stand back of it and give it a sanction. The alternative -would be to wait and see what effect time will -have on men and habits. There is no one to tell us<span class="pagenum" id="Page_149">149</span> -that we shall be damned if we disobey the Volstead -law, and so long as juries refuse to convict persons -who violate it, it stands modified in practice....</p> - -<p>“The organizations, political, commercial, religious, -that seek to shape public opinion all use propaganda. -We all know what that means because we -have all had such a surfeit of it. During the War -we were flooded with it and everyone learned what -it was and how to use it. It is put out by speakers, -on the movie screens and in print wherever possible. -Organization secured Prohibition, but organization -is not public opinion and may for a time override it. -Organization works on the run with noise and big -headlines and meetings and even with threats. Public -opinion slowly takes form in the minds of individuals. -There comes in Lincoln’s saying about the -impossibility of fooling all the people all the time. -Propaganda may overwhelm private judgment for a -time, but private judgment keeps on working after -propaganda ceases. It digests what has been offered -to it. The common facts of life continue to appeal -to it and impress it. It views what propaganda has -accomplished and slowly and deliberately considers -whether it is good, and if it concludes that it is not -good it ceases to back it and then there has to be -something different, something that looks like -improvement....”</p> - -<hr /> - -<p><span class="pagenum" id="Page_150">150</span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XIII" class="vspace">CHAPTER XIII<br /> - -<span class="subhead">HOW CANADA HAS SOLVED THE LIQUOR PROBLEM</span></h2> -</div> - -<div class="poem-container"> -<div class="poem w15"><div class="stanza"> -<span class="i0">Sing a Song of Montreal,<br /></span> -<span class="i2">A barrel full of rye;<br /></span> -<span class="i0">Four-and-twenty Yankees<br /></span> -<span class="i2">Feeling rather dry;<br /></span> -<span class="i0">When the barrel was opened<br /></span> -<span class="i2">They all began to sing,<br /></span> -<span class="i0">“Oh, to hell with Mr. Volstead—<br /></span> -<span class="i2">And God save the King!”<br /></span> -</div></div> -</div> - -<p class="drop-cap"><span class="firstword">The</span> Dominion of Canada has solved its -liquor problem, for the most part. It is -interesting to note that in those Provinces -which are technically dry, a wretched state of things -exists, as in the United States; and those Provinces -which have government control are well ordered. -For instance, Nova Scotia has absolute Prohibition. -I went there in May and June, 1922, and, as in the -States, I never lacked for a drink when I desired one. -Practically every chemist is a bootlegger.</p> - -<p>To show you how badly the system works, let me -tell of a personal experience. I found myself one -week-end in a little village which shall be nameless. -I inquired of the inn-keeper if it would be possible to -obtain a bottle of whiskey. “Certainly,” he said. -“Simply go to the drug-store, tell him you are a<span class="pagenum" id="Page_151">151</span> -guest of mine, and I think you will have no difficulty -in getting a good brand.”</p> - -<p>I was surprised, to say the least. It chanced to be -a Sunday morning. The church bells were ringing, -and as I got to the door of the shop, the druggist -was just leaving it—he lived above it, I believe—for -morning service. I told him my errand; and immediately, -without the slightest hesitation, he opened -the door, took me in, and sold me what I wished. -He hadn’t the slightest idea who I was; yet perhaps -it was evident that I was an American traveler. No -questions were asked, and openly I carried my bottle -through the streets back to the inn.</p> - -<p>In New Brunswick I obtained ale openly in a -hotel; and the waitress told me that almost on every -other corner of the city in which I was stopping, a -bootlegger could be found; and if I made my wishes -known there would be no difficulty in purchasing anything -I wanted. As it happened, I wished nothing -there; but it was good to know that it could have -been bought any time of the day or evening.</p> - -<p>But in the Province of Quebec and in British -Columbia quite another state of affairs will be found. -The Government controls the liquor trade, and -guarantees the quality of the alcohol sold. Neat -little Government Liquor Stores, as they are called, -are in every city and town, and a vendor has charge -of each one—a regular Government employee who -is “responsible for the carrying-out of the Government -Liquor Act and the regulations so far as they<span class="pagenum" id="Page_152">152</span> -relate to the conduct of the store and the sale of -liquor thereat.”</p> - -<p>Everything is done in a most orderly and systematic -way. If one wishes to purchase whiskey, he -merely applies to the vendor in his neighborhood. -A small fee is charged; and it is a gratification to -know that this fee goes directly to one’s Government, -and not into the pockets of bootleggers. Supplies -are delivered in sealed packages, duly inscribed; -and again it is a gratification to know that one is in -no danger of drinking poison, with the added fear -of death or blindness.</p> - -<p>There are restrictions—a great many, indeed; -but they are wise and for the best interests of the -Province. For instance, it is against the law to -drink in the Government stores; but one may, of -course, in an inn have a supply of liquor in one’s -room, or drink light wines and beer in the public -dining-room. Drunkenness is taboo, and one sees -very little of it. The people are prosperous, and -everyone is as happy as one can be in this troubled -world. Canada had enormous war debts. I was -told that British Columbia had paid her quota, and -in addition had made many improvements of public -highways—all through the revenue derived from -the Government’s sale of liquor.</p> - -<p>In British Columbia, great care is exercised that -no spurious permits are received at the stores. The -law provides that “no permit shall be delivered to -the applicant until he has, in the presence of the<span class="pagenum" id="Page_153">153</span> -Vendor or official to whom the application is made, -written his signature thereon in the manner prescribed, -for purposes of his identification as the -holder thereof, and the signature has been attested -by the Vendor or official under his hand.”</p> - -<p>Permits are not issued to corporations, associations, -societies or partnerships. Therefore the opportunities -for fraud are diminished. And on polling -days all the stores are closed. In pre-Volstead -times in the United States the law distinctly said -that our saloons should remain closed on Election -Day in many of the big cities; yet was this regulation—a -very wise one—ever enforced? That is one -reason why we have Prohibition today—we simply -would not obey even those moderate and salutary -laws enacted for the welfare of the community. -The saloon-keeper paid not the slightest heed to -them; in fact, he scoffed at them; and that is why he -has no sympathy from the rest of us, now that his -foul places are gone forever.</p> - -<p>One would not be so foolish as to assert that a -state of perfection has been reached in the Government-controlled -Provinces. Bootlegging goes on—but -principally because this country is dry. If the -States were also under Government control in the -matter of the liquor traffic, there would be no temptation -to transport stuff illicitly over the border. I -imagine that the Canadians are quite as guilty as the -Americans when it comes to these secret transactions; -for if it takes two to make a quarrel, it is<span class="pagenum" id="Page_154">154</span> -equally true that it takes two to consummate a sale -of any kind. There would be a cleaner slate if we -had the common sense to do as, say, Quebec has -done. There are no swinging-door saloons; but -there are tidy shops where one is not ashamed to go. -No one is drinking on the sly, pretending to be consuming -coffee out of a cup which really contains a -high-ball. “In vino demi-tasse” is not the motto of -Canada, as it is that of the United States.</p> - -<p>It is significant to note that in British Columbia, -when that Province was completely dry—even without -beer—141,057 prescriptions for liquor were -issued; yet in the fiscal year which ended March 31, -1922, only 6,568 prescriptions were issued.</p> - -<p>And while our own Government continues to ask -for mighty appropriations for the enforcement of -Prohibition, the reports from the Province of Quebec -state that for the fiscal year ending in June, 1922, -a profit of $4,000,000 was realized, and that the -regulations have proved quite as successful morally -as financially.</p> - -<p>Can we say that, in the matter of morals, the -Volstead Act has worked advantageously? It has -undermined the whole country; and under fanaticism, -we have shown ourselves to be a total failure. -The New York <cite>World</cite> says:</p> - -<blockquote> - -<p>“The Quebec law is a good law because it has city and -country solidly behind it and it can be enforced. It provides -for local option, it restricts the purchase of spirits, it -allows the sale of wine and beer in cafés and it creates no<span class="pagenum" id="Page_155">155</span> -enforcement problem. It affects every legitimate reform -advocated by the professional Prohibitionists of the United -States, but quietly, sensibly, profitably and without friction.”</p></blockquote> - -<p>If we could but come to the sanity of Canada, in -her Government-controlled Provinces!</p> - -<hr /> - -<p><span class="pagenum"><a id="Page_156">156</a></span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XIV" class="vspace">CHAPTER XIV<br /> - -<span class="subhead">CRIME AND DRUNKENNESS</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">Promises</span> were made by the reformers that -with the advent of Prohibition the country -would witness a great lessening of crime and -drunkenness. Our prisons were to be almost -emptied. Unemployment would be practically unheard -of; and the health of the people would be -infinitely better.</p> - -<p>Never has the country suffered more from strikes -than during that period between 1920 and the present -time. Labor is still restless, for all the sanctimonious -predictions of the Anti-Saloon League. We -see, then, that law and order do not come when we -harness a people’s will. Would that they did! Life -would be simple then. People are bound to burst -their bonds and fetters now and then. The spurt of -the geyser goes on, no matter how we seek to suppress -it. Old Faithful performs every hour in -Yellowstone Park; and I suppose that until time is -no more, men will go on shouting about their rights, -despite such empty reforms as Prohibition; will go -on holding grievances, demanding a remedy of -wrongs, and generally raising Cain. Obstreperous -behavior is not the result of drunkenness—always.<span class="pagenum"><a id="Page_157">157</a></span> -People are humanly fond of cavorting, even without -the aid of a stimulant. And so the strikes go merrily -on, and workingmen who were placid under beer -are found to be thinkers under Volsteadism.</p> - -<p>The headlines in our papers continue to be sensational, -in these times that were to be so quiet. Murders -still occur, strangely enough; and hold-ups of -the most brazen kind take place everywhere. Diamond -ear-rings are snatched from ladies driving in -the Park of an evening, houses are entered by -ruffians who tie up the servants and the master and -mistress and calmly go through the premises, taking -what they wish. It is all very shocking, very terrible; -but human nature has a way of remaining what -it is. It was thought that only drunkards committed -such heinous crimes. We find that men of sobriety -are equally culpable. The millennium has not arrived; -and our prisons are still densely populated, -much as the reformers may deny the disconcerting -fact. One is shocked at the continuance of outrageous -crimes; and if, after three years of experiment -with the abolishment of booze, we still face a -wave of disorder and confusion, there seems little -hope of that future of roses and sweetness and light -so glibly prophesied.</p> - -<p>Hard times continue to confront us, though the -fat pay-envelope to the wife and children of the -workingman was to be a weekly event. An analysis -of official figures shows an increase of 44 per cent in -the arrests for drunkenness in 1921 over 1920, and<span class="pagenum"><a id="Page_158">158</a></span> -Stuyvesant Fish has shown that the largest industrial -life insurance company reports an increase of 50 per -cent in deaths due to alcoholism in 1921, the second -“dry” year. The statistical Bulletin of the Metropolitan -Life Insurance Company, April, 1922, contained -these words:</p> - -<blockquote> - -<p>“There have been marked increases in the death rates -for heart disease, Bright’s disease and apoplexy in recent -months 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 comment. 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 -diseases, 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)<span class="pagenum"><a id="Page_159">159</a></span> -are both the highest registered for those diseases since -March, 1920.”</p></blockquote> - -<p>The Association Against the Prohibition Amendment, -Inc., has collected statistics to prove that crime -has by no means diminished since the passage of the -Volstead Act; and with their kind permission I -give a tabulated list of twenty cities in the United -States, which, under Prohibition, have revealed an -increase in arrests for all sorts of crimes. These are -the official figures in each city.</p> - -<p>At random I have taken some statistics from various -parts of the country, to show how drunkenness -has not disappeared since the passage of the Eighteenth -Amendment. Rather, has it increased. In -Baltimore, Maryland, for instance, the arrests for -drunkenness during the period between January and -April, 1922, were over two-thirds as many as for the -entire year of 1921.</p> - -<table class="narrow25" summary="Arrests, Jan-Apr 1922"> - <tr> - <td class="tdl">April, 1922</td> - <td class="tdr">354</td></tr> - <tr> - <td class="tdl">April, 1921</td> - <td class="tdr">238</td></tr> - <tr> - <td class="tdl">April, 1920</td> - <td class="tdr">69</td></tr> - <tr> - <td class="tdl">January to December, 1921</td> - <td class="tdr">3,258</td></tr> - <tr> - <td class="tdl">January to December, 1920</td> - <td class="tdr">1,785</td></tr> -</table> - -<p>In the State of Wyoming, the total number of -prisoners in jail on July 1, 1922, was 561. On -July 1, 1917, there were but 452.</p> - -<p><span class="pagenum"><a id="Page_160">160</a></span></p> - -<p class="p2 center larger wspace"><i>CRIME UNDER PROHIBITION IN THIRTY AMERICAN -CITIES</i></p> - -<table class="narrow35" summary="Crime under prohibition in 30 American cities"> - <tr class="vbot"> - <td> </td> - <td class="tdc"><i>Population</i></td> - <td class="tdc" colspan="2"><i>Arrests<br />All Causes</i></td> - <td class="tdc" colspan="2"><i>Drunkenness and<br />Disorderly<br />Conduct</i></td></tr> - <tr class="bpad"> - <td> </td> - <td class="tdc"><i>1920</i></td> - <td class="tdc"><i>1920</i></td> - <td class="tdc"><i>1921</i></td> - <td class="tdc"><i>1920</i></td> - <td class="tdc"><i>1921</i></td></tr> - <tr> - <td class="tdl">Philadelphia</td> - <td class="tdr">1,823,779</td> - <td class="tdr">73,015</td> - <td class="tdr">83,136</td> - <td class="tdr">20,443</td> - <td class="tdr">27,115</td></tr> - <tr> - <td class="tdl">Detroit</td> - <td class="tdr">995,678</td> - <td class="tdr">43,309</td> - <td class="tdr">50,676</td> - <td class="tdr">5,989</td> - <td class="tdr">6,349</td></tr> - <tr> - <td class="tdl">Boston</td> - <td class="tdr">748,060</td> - <td class="tdr">58,817</td> - <td class="tdr">72,161</td> - <td class="tdr">22,341</td> - <td class="tdr">31,794</td></tr> - <tr> - <td class="tdl">Baltimore</td> - <td class="tdr">733,826</td> - <td class="tdr">41,988</td> - <td class="tdr">54,602</td> - <td class="tdr">13,443</td> - <td class="tdr">20,496</td></tr> - <tr> - <td class="tdl">Pittsburgh</td> - <td class="tdr">588,343</td> - <td class="tdr">36,572</td> - <td class="tdr">41,820</td> - <td class="tdr">14,373</td> - <td class="tdr">16,990</td></tr> - <tr> - <td class="tdl">Buffalo</td> - <td class="tdr">506,775</td> - <td class="tdr">24,436</td> - <td class="tdr">32,377</td> - <td class="tdr">8,491</td> - <td class="tdr">9,650</td></tr> - <tr> - <td class="tdl">San Francisco</td> - <td class="tdr">506,676</td> - <td class="tdr">26,672</td> - <td class="tdr">30,106</td> - <td class="tdr">2,794</td> - <td class="tdr">6,005</td></tr> - <tr> - <td class="tdl">Milwaukee</td> - <td class="tdr">457,147</td> - <td class="tdr">10,545</td> - <td class="tdr">15,520</td> - <td class="tdr">2,400</td> - <td class="tdr">3,481</td></tr> - <tr> - <td class="tdl">Cincinnati</td> - <td class="tdr">401,247</td> - <td class="tdr">14,175</td> - <td class="tdr">21,973</td> - <td class="tdr">2,062</td> - <td class="tdr">3,106</td></tr> - <tr> - <td class="tdl">Minneapolis</td> - <td class="tdr">380,582</td> - <td class="tdr">10,608</td> - <td class="tdr">17,874</td> - <td class="tdr">2,982</td> - <td class="tdr">6,051</td></tr> - <tr> - <td class="tdl">Portland, Ore.</td> - <td class="tdr">258,288</td> - <td class="tdr">18,445</td> - <td class="tdr">30,856</td> - <td class="tdr">3,654</td> - <td class="tdr">4,379</td></tr> - <tr> - <td class="tdl">Denver</td> - <td class="tdr">256,491</td> - <td class="tdr">12,947</td> - <td class="tdr">19,649</td> - <td class="tdr">1,847</td> - <td class="tdr">3,163</td></tr> - <tr> - <td class="tdl">Louisville</td> - <td class="tdr">234,891</td> - <td class="tdr">7,857</td> - <td class="tdr">9,601</td> - <td class="tdr">1,092</td> - <td class="tdr">2,361</td></tr> - <tr> - <td class="tdl">St. Paul</td> - <td class="tdr">234,698</td> - <td class="tdr">5,638</td> - <td class="tdr">10,077</td> - <td class="tdr">1,902</td> - <td class="tdr">4,319</td></tr> - <tr> - <td class="tdl">Oakland, Cal.</td> - <td class="tdr">216,281</td> - <td class="tdr">3,706</td> - <td class="tdr">4,497</td> - <td class="tdr">1,261</td> - <td class="tdr">2,191</td></tr> - <tr> - <td class="tdl">Akron, Ohio</td> - <td class="tdr">208,435</td> - <td class="tdr">12,558</td> - <td class="tdr">10,104</td> - <td class="tdr">5,228</td> - <td class="tdr">3,939</td></tr> - <tr> - <td class="tdl">Birmingham</td> - <td class="tdr">178,806</td> - <td class="tdr">16,786</td> - <td class="tdr">21,488</td> - <td class="tdr">2,886</td> - <td class="tdr">4,612</td></tr> - <tr> - <td class="tdl">Richmond</td> - <td class="tdr">171,667</td> - <td class="tdr">12,706</td> - <td class="tdr">15,532</td> - <td class="tdr">1,563</td> - <td class="tdr">1,953</td></tr> - <tr> - <td class="tdl">New Haven</td> - <td class="tdr">162,537</td> - <td class="tdr">7,934</td> - <td class="tdr">8,465</td> - <td class="tdr">3,186</td> - <td class="tdr">3,184</td></tr> - <tr> - <td class="tdl">Dallas</td> - <td class="tdr">158,976</td> - <td class="tdr">26,058</td> - <td class="tdr">35,848</td> - <td class="tdr">1,219</td> - <td class="tdr">1,338</td></tr> - <tr> - <td class="tdl">Hartford</td> - <td class="tdr">138,036</td> - <td class="tdr">8,072</td> - <td class="tdr">7,395</td> - <td class="tdr">4,057</td> - <td class="tdr">3,207</td></tr> - <tr> - <td class="tdl">Paterson</td> - <td class="tdr">135,875</td> - <td class="tdr">4,058</td> - <td class="tdr">3,809</td> - <td class="tdr">1,637</td> - <td class="tdr">1,509</td></tr> - <tr> - <td class="tdl">Springfield, Mass.</td> - <td class="tdr">129,614</td> - <td class="tdr">3,757</td> - <td class="tdr">4,574</td> - <td class="tdr">625</td> - <td class="tdr">920</td></tr> - <tr> - <td class="tdl">Des Moines</td> - <td class="tdr">126,468</td> - <td class="tdr">4,465</td> - <td class="tdr">4,982</td> - <td class="tdr">1,530</td> - <td class="tdr">1,598</td></tr> - <tr> - <td class="tdl">Trenton</td> - <td class="tdr">119,289</td> - <td class="tdr">5,693</td> - <td class="tdr">5,577</td> - <td class="tdr">1,550</td> - <td class="tdr">1,426</td></tr> - <tr> - <td class="tdl">Salt Lake City</td> - <td class="tdr">118,110</td> - <td class="tdr">7,728</td> - <td class="tdr">7,505</td> - <td class="tdr">883</td> - <td class="tdr">909</td></tr> - <tr> - <td class="tdl">Albany</td> - <td class="tdr">113,344</td> - <td class="tdr">3,216</td> - <td class="tdr">4,168</td> - <td class="tdr">578</td> - <td class="tdr">900</td></tr> - <tr> - <td class="tdl">Cambridge, Mass.</td> - <td class="tdr">109,694</td> - <td class="tdr">3,822</td> - <td class="tdr">4,664</td> - <td class="tdr">871</td> - <td class="tdr">1,423</td></tr> - <tr> - <td class="tdl">Spokane</td> - <td class="tdr">104,437</td> - <td class="tdr">6,478</td> - <td class="tdr">7,237</td> - <td class="tdr">933</td> - <td class="tdr">1,311</td></tr> - <tr class="bpad"> - <td class="tdl">Kansas City, Kas.</td> - <td class="tdr">101,177</td> - <td class="tdr">4,774</td> - <td class="tdr">4,129</td> - <td class="tdr">45</td> - <td class="tdr">133</td></tr> - <tr> - <td class="tdl in2">Total</td> - <td class="tdr"><span class="bt">10,417,227</span></td> - <td class="tdr"><span class="bt">516,835</span></td> - <td class="tdr"><span class="bt">640,402</span></td> - <td class="tdr"><span class="bt">131,855</span></td> - <td class="tdr"><span class="bt">185,808</span></td></tr> -</table> - -<table class="narrow30" summary="Total in 30 cities"> - <tr class="bpad"> - <td class="tdc">Total in 30 Cities</td> - <td class="tdr"><i>1920</i></td> - <td class="tdr"><i>1921</i></td> - <td class="tdr"><i>Increase</i></td></tr> - <tr> - <td class="tdl">Violation of Prohibition Laws</td> - <td class="tdr">9,375</td> - <td class="tdr">18,976</td> - <td class="tdr">102.0%</td></tr> - <tr> - <td class="tdl">Drunken Autoists</td> - <td class="tdr">1,513</td> - <td class="tdr">2,743</td> - <td class="tdr">81.0%</td></tr> - <tr> - <td class="tdl">Thefts and Burglary</td> - <td class="tdr">24,770</td> - <td class="tdr">26,888</td> - <td class="tdr">9.0%</td></tr> - <tr> - <td class="tdl">Homicide</td> - <td class="tdr">1,086</td> - <td class="tdr">2,124</td> - <td class="tdr">12.7%</td></tr> - <tr> - <td class="tdl">Assaults and Battery</td> - <td class="tdr">21,147</td> - <td class="tdr">23,977</td> - <td class="tdr">13.4%</td></tr> - <tr> - <td class="tdl">Drug Addictions, etc.</td> - <td class="tdr">1,897</td> - <td class="tdr">2,745</td> - <td class="tdr">44.6%</td></tr> - <tr> - <td class="tdl">Police Department Costs</td> - <td class="tdr">$31,193,639</td> - <td class="tdr">$34,762,196</td> - <td class="tdr">11.4%</td></tr> -</table> - -<p><span class="pagenum"><a id="Page_161">161</a></span> -Judge Cavanagh of Chicago estimated that there -were from 7,500 to 8,000 cases of murder and -manslaughter in the United States in 1921. But the -Special Commission on Law Enforcement of the -American Bar Association, in its official report made -on August 10th, 1922, stated that there were no less -than 9,500 “unlawful homicides” in this country in -1921. The average per day was twenty-six. In the -previous year there were at least 9,000 such homicides. -In the first nine months and a half of 1922 -there were 101 “unlawful homicides” in Philadelphia -alone, as compared with the same number during all -of 1921. In the same city, the arrests for violation -of the dry law numbered 32,281, for the period -between January and September, 1922. Of these, -25,925 were “drunk and disorderly.”</p> - -<p>In Providence, Rhode Island, drunkenness has -increased 85 per cent since 1919. In Rochester, -New York, crimes of violence in 1921 numbered -607, as against 488 in 1917. In the latter year there -were 323 arrests for burglary, while in 1921 there -were no less than 502. It has been reported that the -western part of the State has become the victim of a -new crop of young, educated and what are called -“polished” crooks.</p> - -<p>Sing Sing prison deported no less than sixty prisoners -to Auburn in May, 1922, because of overcrowding.</p> - -<p>The warden of Sing Sing, to whom I wrote, asking -for figures as to the inmates received at his prison, -very graciously and with unprecedented promptness -sent me the following report, and told me I could -make my own deductions:</p> - -<p><span class="pagenum"><a id="Page_162">162</a></span></p> - -<table id="singsing" class="narrow20" summary="Sing Sing inmates added"> - <tr> - <td class="tdl norpad">Fiscal year ending June 30th,</td> - <td class="tdl">1917</td> - <td class="tdl in2">1071</td></tr> - <tr> - <td class="tdl"><span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span></td> - <td class="tdl">1918</td> - <td class="tdl in2">1197</td></tr> - <tr> - <td class="tdl"><span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span></td> - <td class="tdl">1919</td> - <td class="tdl in2">1073</td></tr> - <tr> - <td class="tdl"><span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span></td> - <td class="tdl">1920</td> - <td class="tdl in2">1490</td></tr> - <tr> - <td class="tdl"><span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span></td> - <td class="tdl">1921</td> - <td class="tdl in2">1414</td></tr> - <tr> - <td class="tdl"><span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span> <span class="in1">”</span></td> - <td class="tdl">1922</td> - <td class="tdl in2">1613</td></tr> -</table> - -<p>Figures do not lie.</p> - -<p>Yet the Prohibitionists insist that conditions are -better than ever before, and I have seen otherwise -intelligent citizens take it for granted that the figures -given by a speaker at some uplift meeting were -correct. Few of us go to the trouble of verifying -statistics. But the fact remains that passionate -crimes continue, murders of unprecedented cruelty -are committed all the time, and a heaven on earth is, -I fear, remote from us.</p> - -<hr /> - -<p><span class="pagenum"><a id="Page_163">163</a></span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XV" class="vspace">CHAPTER XV<br /> - -<span class="subhead">THE LITERARY DIGEST’S CANVASS</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">The</span> cry has gone up from time to time since -the passage of the Volstead Act that the -country at large wanted—nay, had demanded, -Prohibition. <i>The Literary Digest</i>, hearing -and noting these reiterations, decided to investigate -the feeling of the land. They would have a referendum -of the people through a straw vote; and they -would get, in that way, at the truth.</p> - -<p>Many of us were not at all sure of the sentiment in -communities like the Far and Middle West. We -knew that the South, for reasons best known to itself, -had favored large arid territories; but the East had -remained insistently wet. Therefore, it was a big -surprise, when the <i>Literary Digest’s</i> returns began -to come in, to discover that in many sections a reverse -feeling flourished from that which had been -anticipated. It must have proved a shock to the -Anti-Saloon League, in its smug complacency, to -learn that many citizens, like a man I met in Omaha, -declared that he was greatly in favor of Prohibition—until -we got it.</p> - -<p>Indeed, many feel just like that. Conditions are<span class="pagenum"><a id="Page_164">164</a></span> -certainly intolerable wherever I have been. Drunkenness -may have disappeared from the sidewalks, -but it has taken to the taxicab; and though the corner -saloon has gone (I hope forever) the hip-flask has -taken its place, on the south-east corner of many an -individual.</p> - -<p>So much had been said and written of the feeling -of the country, that the <i>Digest</i> (the editor-in-chief -is a Prohibitionist, if I am not mistaken) went right -to the heart of the thing, in no uncertain manner. -Much discussion had taken place as to the temper of -the people, and there seemed no way of arriving at -the truth.</p> - -<p>Ten million blanks were sent out, to every kind -of voter. The Bonus for Soldiers and Sailors was -more or less tied up with Prohibition. Therefore it -was deemed wise to try to get the popular sentiment -on both questions at the same time.</p> - -<p>The questionnaire, in the form of a ballot, was as -follows:</p> - -<table id="question" class="narrow30" summary="Prohibition questionaire"> - <tr> - <td class="tdc bdot larger" colspan="4">Secret Ballot on Prohibition and Soldiers’ Bonus No Signature—No Condition—No Obligation Mark and Mail at Once</td></tr> - <tr> - <td class="tdl hangq" colspan="4"><i>PROHIBITION:</i> (Put a cross (x) in the square only opposite the policy you favor)</td></tr> - <tr> - <td class="tdl" colspan="3">A. Do you favor the continuance and strict enforcement of the Eighteenth Amendment and Volstead Law?</td> - <td class="tdc bbox"> </td></tr> - <tr class="xxsmall"> - <td> </td></tr> - <tr> - <td class="tdl" colspan="3">B. Do you favor a modification of the Volstead Law to permit light wines and beers?</td> - <td class="tdc bbox"> </td></tr> - <tr class="xxsmall"> - <td> </td></tr> - <tr> - <td class="tdl" colspan="3">C. Do you favor a repeal of the Prohibition Amendment?</td> - <td class="tdc bbox"> </td></tr> - <tr> - <td class="tdr" colspan="4">Mark (X) in ONE<br /><span class="l1">Square Only</span></td></tr> - <tr> - <td class="tdc bdottop larger" colspan="4">SOLDIERS’ BONUS: (Put a cross (x) in the square)</td></tr> - <tr> - <td> </td> - <td class="tdc"><i>Yes</i></td> - <td> </td> - <td class="tdc"><i>No</i></td></tr> - <tr> - <td class="tdl left">Do you favor a Federal Bonus for all American Soldiers and Sailors who wore the Uniform during the World War?</td> - <td class="tdc bbox"> </td> - <td> </td> - <td class="tdc bbox"> </td></tr> - <tr> - <td class="tdl left" colspan="4">It is important to Mark and Return This Ballot Immediately.</td></tr> -</table> - -<p>Every precaution was taken to obviate dishonesty;<span class="pagenum"><a id="Page_165">165</a></span> -but I suppose as there never was an election -without trouble at the polls—it would be expecting -too much of human beings to believe otherwise—so -in this solicitation there may have been a few duplicate -votes to swell the general average, one way or -the other. Yet the <i>Digest</i> had confidence in the -returns; and through their canvass of the various -States we have come to see that there are not only -“wets” and “drys,” but a third enormous party of -what we might call “moists.” By this term is meant -the people who wish a modification of the Volstead -Act, permitting the sale of light wines and beer. -Indeed, this party predominated in the final returns.</p> - -<p><span class="pagenum"><a id="Page_166">166</a></span> -The Anti-Saloon League has scorned the <i>Digest’s</i> -figures; yet one has a feeling that if the showing -had been in favor of a strict observance and upholding -of the present Prohibition law, a different attitude -might have been observed on its part. It is but -human, after all, to wish the tide to turn in the direction -one has spiritedly advocated. Even the -“moists” must have been surprised at their own brilliant -showing.</p> - -<p>It was in July, 1922, that the first reports were -made; and the <i>Digest</i> was amazed when the ballots -of the first hundred thousand poured in.</p> - -<p>Those in favor of a strict enforcement numbered -32,445.</p> - -<p>Those in favor of a modification numbered -39,665.</p> - -<p>Those in favor of a repeal of the Prohibition -Amendment numbered 22,547.</p> - -<p>As to the Soldiers’ Bonus, the vote was almost -even. Yes, 46,609. No, 47,469.</p> - -<p>“Dampness seems to predominate,” the <i>Digest</i> -said. “The most startling fact revealed by this first -tally is that the early voters are against the continuance -and enforcement of the present Prohibition -law by the proportion of nearly two to one. On the -other hand, the voters show themselves in favor of -the Prohibition Amendment, or, in other words, in -favor of some sort of a Prohibition law, by the even -larger ratio of 72,000 to 22,500.”</p> - -<p>The editors were exceedingly fair in their appraisement<span class="pagenum"><a id="Page_167">167</a></span> -of conditions. They stated that “In Kansas, -the votes run 111 for strict enforcement, 34 -for modification and 14 for repeal of the Amendment. -Thus the Prohibitionists, it is seen, outnumber -the combined ‘moists’ and ‘wets’ by almost three -to one, a situation that is duplicated in no other -State. Since this early vote was tabulated, a large -number of returns have come in for Kansas and, -even though we may be anticipating next week’s -report of votes, it may be mentioned that this large -vote is a striking verification of the conditions indicated -by the small vote shown here. Kansas is for -Prohibition, by approximately three to one. It is a -significant fact, also, that this State has tried a dry -régime for a number of years, and knows better than -most others how it works.”</p> - -<p>But here again no thinking man, it seems to me, -has a right to find fault with a State which wishes -earnestly to go dry. Local option is sensible and -reasonable; a certain territory could fence itself in, -as it were, guarding itself from a menace, making -all the strict laws it desired to protect its people -from what it considered a tremendous evil. But it -has no right to inflict its statutes upon its friendly -neighbors, any more than the United States has a -right to restrict drinking on the ocean, forbidding -foreign vessels to enter our ports with cargoes of -sealed spirits.</p> - -<p>It is interesting to note how the various States -voted in this preliminary canvass.</p> - -<p><span class="pagenum"><a id="Page_168">168</a></span></p> - -<p class="p1 center"><i>DETAILED TABULATION OF THE FIRST RETURNS ON -PROHIBITION</i></p> - -<table id="firstreturns" class="narrow35" summary="Detailed Tabulation of the First Returns on Prohibition"> - <tr> - <td class="tdl smaller vbot">NEW ENGLAND STATES</td> - <td class="tdc lrpad"><i>For<br />Enforcement</i></td> - <td class="tdc lrpad"><i>For<br />Modification</i></td> - <td class="tdc lrpad"><i>For<br />Repeal</i></td></tr> - <tr> - <td class="tdl">1—MAINE</td> - <td class="tdr">24</td> - <td class="tdr">17</td> - <td class="tdr">17</td></tr> - <tr> - <td class="tdl">2—N. H.</td> - <td class="tdr">16</td> - <td class="tdr">13</td> - <td class="tdr">3</td></tr> - <tr> - <td class="tdl">3—VT.</td> - <td class="tdr">16</td> - <td class="tdr">6</td> - <td class="tdr">6</td></tr> - <tr> - <td class="tdl">4—MASS.</td> - <td class="tdr">4,242</td> - <td class="tdr">4,862</td> - <td class="tdr">2,805</td></tr> - <tr> - <td class="tdl">5—R. I.</td> - <td class="tdr">7</td> - <td class="tdr">14</td> - <td class="tdr">17</td></tr> - <tr> - <td class="tdl">6—CONN.</td> - <td class="tdr">34</td> - <td class="tdr">39</td> - <td class="tdr">20</td></tr> - <tr> - <td class="tdl in2 larger">TOTAL VOTES</td> - <td class="tdr"><span class="bt">4,339</span></td> - <td class="tdr"><span class="bt">4,951</span></td> - <td class="tdr"><span class="bt">2,868</span></td></tr> - <tr> - <td class="tdl smaller tpad">MIDDLE ATLANTIC STATES</td></tr> - <tr> - <td class="tdl">1—N. Y.</td> - <td class="tdr">6,169</td> - <td class="tdr">9,315</td> - <td class="tdr">4,966</td></tr> - <tr> - <td class="tdl">2—N. J.</td> - <td class="tdr">29</td> - <td class="tdr">45</td> - <td class="tdr">27</td></tr> - <tr> - <td class="tdl">3—PENN.</td> - <td class="tdr">8,307</td> - <td class="tdr">9,139</td> - <td class="tdr">6,573</td></tr> - <tr> - <td class="tdl in2 larger">TOTAL VOTES</td> - <td class="tdr"><span class="bt">14,505</span></td> - <td class="tdr"><span class="bt">18,499</span></td> - <td class="tdr"><span class="bt">11,566</span></td></tr> - <tr> - <td class="tdl smaller tpad">EAST NORTH CENTRAL STATES</td></tr> - <tr> - <td class="tdl">1—OHIO</td> - <td class="tdr">829</td> - <td class="tdr">716</td> - <td class="tdr">250</td></tr> - <tr> - <td class="tdl">2—IND.</td> - <td class="tdr">152</td> - <td class="tdr">73</td> - <td class="tdr">33</td></tr> - <tr> - <td class="tdl">3—ILL.</td> - <td class="tdr">9,312</td> - <td class="tdr">12,012</td> - <td class="tdr">6,621</td></tr> - <tr> - <td class="tdl">4—MICH.</td> - <td class="tdr">125</td> - <td class="tdr">84</td> - <td class="tdr">36</td></tr> - <tr> - <td class="tdl">5—WISC.</td> - <td class="tdr">75</td> - <td class="tdr">69</td> - <td class="tdr">22</td></tr> - <tr> - <td class="tdl in2 larger">TOTAL VOTES</td> - <td class="tdr"><span class="bt">10,493</span></td> - <td class="tdr"><span class="bt">12,954</span></td> - <td class="tdr"><span class="bt">6,962</span></td></tr> - <tr> - <td class="tdl smaller tpad">WEST NORTH CENTRAL STATES</td></tr> - <tr> - <td class="tdl">1—MINN.</td> - <td class="tdr">89</td> - <td class="tdr">82</td> - <td class="tdr">17</td></tr> - <tr> - <td class="tdl">2—IOWA</td> - <td class="tdr">113</td> - <td class="tdr">88</td> - <td class="tdr">23</td></tr> - <tr> - <td class="tdl">3—MO.</td> - <td class="tdr">100</td> - <td class="tdr">67</td> - <td class="tdr">33</td></tr> - <tr> - <td class="tdl">4—N. DAK.</td> - <td class="tdr">16</td> - <td class="tdr">17</td> - <td class="tdr">1</td></tr> - <tr> - <td class="tdl">5—S. DAK.</td> - <td class="tdr">21</td> - <td class="tdr">9</td> - <td class="tdr">2</td></tr> - <tr> - <td class="tdl">6—NEBR.</td> - <td class="tdr">72</td> - <td class="tdr">44</td> - <td class="tdr">19</td></tr> - <tr> - <td class="tdl">7—KANS.</td> - <td class="tdr">111</td> - <td class="tdr">34</td> - <td class="tdr">14</td></tr> - <tr> - <td class="tdl in2 larger">TOTAL VOTES</td> - <td class="tdr"><span class="bt">522</span></td> - <td class="tdr"><span class="bt">341</span></td> - <td class="tdr"><span class="bt">109</span></td></tr> - <tr> - <td class="tdl smaller tpad">SOUTH ATLANTIC STATES</td></tr> - <tr> - <td class="tdl">1—DEL.</td> - <td class="tdr">6</td> - <td class="tdr">4</td> - <td class="tdr">3</td></tr> - <tr> - <td class="tdl">2—MD.</td> - <td class="tdr">15</td> - <td class="tdr">27</td> - <td class="tdr">36</td></tr> - <tr> - <td class="tdl">3—D. C.</td> - <td class="tdr">14</td> - <td class="tdr">27</td> - <td class="tdr">8</td></tr> - <tr> - <td class="tdl">4—VA.</td> - <td class="tdr">28</td> - <td class="tdr">27</td> - <td class="tdr">9</td></tr> - <tr> - <td class="tdl">5—W. VA.</td> - <td class="tdr">18</td> - <td class="tdr">20</td> - <td class="tdr">4<span class="pagenum"><a id="Page_169">169</a></span></td></tr> - <tr> - <td class="tdl">6—N. CAR.</td> - <td class="tdr">32</td> - <td class="tdr">14</td> - <td class="tdr">7</td></tr> - <tr> - <td class="tdl">7—S. CAR.</td> - <td class="tdr">10</td> - <td class="tdr">11</td> - <td class="tdr">4</td></tr> - <tr> - <td class="tdl">8—GA.</td> - <td class="tdr">24</td> - <td class="tdr">27</td> - <td class="tdr">12</td></tr> - <tr> - <td class="tdl">9—FLA.</td> - <td class="tdr">11</td> - <td class="tdr">4</td> - <td class="tdr">8</td></tr> - <tr> - <td class="tdl in2 larger">TOTAL VOTES</td> - <td class="tdr"><span class="bt">158</span></td> - <td class="tdr"><span class="bt">161</span></td> - <td class="tdr"><span class="bt">91</span></td></tr> - <tr> - <td class="tdl smaller tpad">EAST SOUTH CENTRAL STATES</td></tr> - <tr> - <td class="tdl">1—KY.</td> - <td class="tdr">27</td> - <td class="tdr">25</td> - <td class="tdr">28</td></tr> - <tr> - <td class="tdl">2—TENN.</td> - <td class="tdr">42</td> - <td class="tdr">17</td> - <td class="tdr">10</td></tr> - <tr> - <td class="tdl">3—ALA.</td> - <td class="tdr">23</td> - <td class="tdr">19</td> - <td class="tdr">5</td></tr> - <tr> - <td class="tdl">4—MISS.</td> - <td class="tdr">13</td> - <td class="tdr">11</td> - <td class="tdr">5</td></tr> - <tr> - <td class="tdl in2 larger">TOTAL VOTES</td> - <td class="tdr">105</td> - <td class="tdr">72</td> - <td class="tdr">48</td></tr> - <tr> - <td class="tdl smaller tpad">WEST SOUTH CENTRAL STATES</td></tr> - <tr> - <td class="tdl">1—ARK.</td> - <td class="tdr">15</td> - <td class="tdr">12</td> - <td class="tdr">1</td></tr> - <tr> - <td class="tdl">2—LA.</td> - <td class="tdr">12</td> - <td class="tdr">13</td> - <td class="tdr">3</td></tr> - <tr> - <td class="tdl">3—OKLA.</td> - <td class="tdr">43</td> - <td class="tdr">29</td> - <td class="tdr">7</td></tr> - <tr> - <td class="tdl">4—TEXAS</td> - <td class="tdr">116</td> - <td class="tdr">62</td> - <td class="tdr">21</td></tr> - <tr> - <td class="tdl in2 larger">TOTAL VOTES</td> - <td class="tdr"><span class="bt">186</span></td> - <td class="tdr"><span class="bt">116</span></td> - <td class="tdr"><span class="bt">32</span></td></tr> - <tr> - <td class="tdl smaller tpad">MOUNTAIN STATES</td></tr> - <tr> - <td class="tdl">1—MONT.</td> - <td class="tdr">11</td> - <td class="tdr">16</td> - <td class="tdr">8</td></tr> - <tr> - <td class="tdl">2—IDAHO</td> - <td class="tdr">9</td> - <td class="tdr">13</td> - <td class="tdr">5</td></tr> - <tr> - <td class="tdl">3—WYO.</td> - <td class="tdr">2</td> - <td class="tdr">5</td> - <td class="tdr">—</td></tr> - <tr> - <td class="tdl">4—COLO.</td> - <td class="tdr">31</td> - <td class="tdr">30</td> - <td class="tdr">11</td></tr> - <tr> - <td class="tdl">5—N. MEX.</td> - <td class="tdr">5</td> - <td class="tdr">5</td> - <td class="tdr">1</td></tr> - <tr> - <td class="tdl">6—ARIZ.</td> - <td class="tdr">8</td> - <td class="tdr">3</td> - <td class="tdr">—</td></tr> - <tr> - <td class="tdl">7—UTAH</td> - <td class="tdr">8</td> - <td class="tdr">16</td> - <td class="tdr">6</td></tr> - <tr> - <td class="tdl">8—NEV.</td> - <td class="tdr">1</td> - <td class="tdr">1</td> - <td class="tdr">1</td></tr> - <tr> - <td class="tdl in2 larger">TOTAL VOTES</td> - <td class="tdr"><span class="bt">75</span></td> - <td class="tdr"><span class="bt">89</span></td> - <td class="tdr"><span class="bt">32</span></td></tr> - <tr> - <td class="tdl smaller tpad">PACIFIC STATES</td></tr> - <tr> - <td class="tdl">1—WASH.</td> - <td class="tdr">830</td> - <td class="tdr">951</td> - <td class="tdr">247</td></tr> - <tr> - <td class="tdl">2—OREG.</td> - <td class="tdr">28</td> - <td class="tdr">22</td> - <td class="tdr">6</td></tr> - <tr> - <td class="tdl">3—CALIF.</td> - <td class="tdr">1,204</td> - <td class="tdr">1,509</td> - <td class="tdr">585</td></tr> - <tr> - <td class="tdl in2 larger">TOTAL VOTES</td> - <td class="tdr"><span class="bt">2,062</span></td> - <td class="tdr"><span class="bt">2,482</span></td> - <td class="tdr"><span class="bt">839</span></td></tr> - <tr> - <td class="tdl larger2">GRAND TOTAL</td> - <td class="tdr"><span class="bt">32,445</span></td> - <td class="tdr"><span class="bt">39,665</span></td> - <td class="tdr"><span class="bt">22,547</span></td></tr> -</table> - -<p><span class="pagenum"><a id="Page_170">170</a></span> -After the first and second polls had been taken by -the <i>Digest</i>,—that is, after 200,000 votes had been -classified,—the editors asked for an expression of -opinion from William H. Anderson, State Superintendent -of the Anti-Saloon League of New York -and President of the Allied Citizens of America. -He admitted the honesty, good faith and fairness of -the canvass, but deemed it “unwise.” And he went -on to say:</p> - -<blockquote> - -<p>“There is a clear and fundamental distinction between -taking a poll on a question which is yet to be decided and -taking a poll on a question which has been decided. In -the latter case the issue inevitably presented to many minds -is whether the law which represents the decision shall be -enforced.”</p></blockquote> - -<p>There are millions of citizens who look upon the -Eighteenth Amendment as cause for a grievance; -and the First Amendment states very clearly “the -right of the people peaceably to assemble, and to -petition the Government for a redress of -grievances.”</p> - -<p>Surely it is no breach of the peace to ask for an -expression from voters concerning a matter so serious -as Prohibition, on which they never voted. How -else could a clear comprehension be gained of the -wishes of the people, save through the press in a -country so vast as ours? Naturally, there would be -resentment in the dry camp at any attempt to repeal -the Eighteenth Amendment; but I hope there are no<span class="pagenum"><a id="Page_171">171</a></span> -Americans who would honestly favor a supine obedience -to a law which is abhorrent to such a number of -us. Intolerance is not a worthy sentiment. It is a -healthy sign when people disagree. The clash of -minds leads to larger prospects of final understanding; -and if it is found in the end that Prohibition is -ardently wanted by the majority, we shall continue -to have Prohibition, with, I trust, a perfect carrying -out of the law. The <i>Digest’s</i> desire to learn the -truth is an admirable one. The advocates of Mr. -Volstead have nothing to fear from it. If they are -right, and people like myself are wrong, then right -will prevail. Meanwhile, nothing is gained by cantankerously -bidding us behave ourselves, and bow to -the inevitable. This is but an added form of Prohibition -which only serves to stir up enmities, to -create further discords, and muddle matters even -more. Your honest opinion and mine are quite as -valuable to the country as that of Mr. Volstead and -Mr. Anderson.</p> - -<p>And so the <i>Literary Digest</i> evidently thought. -For it continued to publish returns as they came -flooding into the editorial office. Innumerable letters -accompanied the votes. People from all sections -of the country “spoke out in meeting,” advocating -Government control of the liquor traffic. From -Omaha and New Jersey this advice came, and from -practically every State of the Union. The people -were being heard from.</p> - -<p>The second hundred-thousand voted as follows:</p> - -<p><span class="pagenum"><a id="Page_172">172</a></span></p> - -<div> -<table class="narrow15f lpad2" summary="Digest polls"> - <tr> - <td class="tdl">For strict enforcement</td> - <td class="tdr">76,597</td></tr> - <tr> - <td class="tdl">For modification</td> - <td class="tdr">85,151</td></tr> - <tr> - <td class="tdl">For repeal</td> - <td class="tdr">45,646</td></tr> -</table></div> - -<p>A poll was taken in many factories where both -men and women are employed. In the Edison works -in New Jersey, the poll was taken under the supervision -of Charles A. Edison, “who saw to it that the -ballots were distributed one to each worker. They -were marked secretly, and deposited by the individual -workers in sealed ballot boxes, later opened -by representatives of the <i>Digest</i>. The result shows -a proportion of slightly more than twenty to one -against the continuation and enforcement of the -present liquor laws.” This is the vote:</p> - -<div> -<table class="narrow15f lpad2" summary="Digest polls"> - <tr> - <td class="tdl">For enforcement</td> - <td class="tdr">93</td></tr> - <tr> - <td class="tdl">For modification</td> - <td class="tdr">976</td></tr> - <tr> - <td class="tdl">For repeal</td> - <td class="tdr">966</td></tr> -</table></div> - -<p>A careful poll of the establishment of Parke, -Davis & Company, manufacturing chemists, of Detroit, -revealed the following results:</p> - -<div> -<table class="narrow15f lpad2" summary="Digest polls"> - <tr> - <td class="tdl">For enforcement</td> - <td class="tdr">218</td></tr> - <tr> - <td class="tdl">For modification</td> - <td class="tdr">1,081</td></tr> - <tr> - <td class="tdl">For repeal</td> - <td class="tdr">211</td></tr> -</table></div> - -<p>Combining these two polls, the attitude of the -workers in two representative factories would be -summarized as follows:</p> - -<p><span class="pagenum"><a id="Page_173">173</a></span></p> - -<div> -<table class="narrow15f lpad2" summary="Digest polls"> - <tr> - <td class="tdl">For enforcement</td> - <td class="tdr">311</td></tr> - <tr> - <td class="tdl">For modification</td> - <td class="tdr">2,059</td></tr> - <tr> - <td class="tdl">For repeal</td> - <td class="tdr">1,177</td></tr> -</table></div> - -<p>In connection with factories and labor, one inevitably -thinks of Samuel Gompers. The <i>Digest</i> asked -him for an expression of opinion, wishing to get all -sides of all subjects, and he sent this strong statement:</p> - -<p>“In addition to the vile and poisonous substitution -for whiskey so largely consumed, and in addition to -the increased drug habit since Prohibition, Prohibition -has made a nation of grouches. It has taken the -joy out of the American people, as can be attested by -almost every social gathering. The whole scheme is -unwarrantable interference with the personal freedom -of the people, and increases discontent and -resentment in the knowledge that those who have it, -have it. I firmly believe that a modification of the -Volstead Act so that beer and light wines may be -manufactured and sold under proper regulations -would solve the whole question rationally and helpfully.”</p> - -<p>The discontent of the worker is something to be -considered—even by fanatics who would rule us by -force, and seek to restrain too thoroughly man’s -natural appetites. One must take into account the -wishes of that vast army who do the drudgery of the -world; and it does not require an immense amount<span class="pagenum"><a id="Page_174">174</a></span> -of imagination to understand what the years may -bring. If there is an apparent stolid indifference -now in the realms of labor, the <i>Digest’s</i> poll would -seem to contradict any such belief. That the workingman -is beginning to realize that a distinct form -of class legislation has taken place there can be no -doubt. I think the authorities would never dare to -encroach upon a laborer’s rights in the matter of -home brew. Yet they must be aware that, deprived -of his only club, the corner saloon, the workingman -who still desires a glass of beer occasionally is -methodically producing it. Against the law? To -the devil with the law, says the hard-working day -laborer, when the rich disobey it every hour of their -lives.</p> - -<p>Another factory, which employs women, was also -canvassed. This was the establishment of the Campbell’s -Soup Company in New Jersey. Approximately -30 per cent of the workers polled were women; yet -the vote is against the present laws by a proportion -of 9 to 1. This is how the voting ran:</p> - -<div> -<table class="narrow15f lpad2" summary="Digest polls"> - <tr> - <td class="tdl">For enforcement</td> - <td class="tdr">162</td></tr> - <tr> - <td class="tdl">For modification</td> - <td class="tdr">720</td></tr> - <tr> - <td class="tdl">For repeal</td> - <td class="tdr">750</td></tr> -</table></div> - -<p>But the final figures are the most interesting of all. -A summary of 922,383 ballots revealed this result, -which must have proved disheartening to the Anti-Saloon -League:</p> - -<p><span class="pagenum"><a id="Page_175">175</a></span></p> - -<p class="p1 center"><i>SUMMARY OF 922,383 BALLOTS ON PROHIBITION</i></p> - -<table class="narrow35 nobreak" summary="Summary of 992,383 Ballots on Prohibition"> - <tr> - <td> </td> - <td class="tdr"><i>For Enforcement</i></td> - <td class="tdr"><i>For Modification</i></td> - <td class="tdc"><i>For Repeal</i></td></tr> - <tr> - <td class="tdl">Main Poll</td> - <td class="tdr">306,255—(38.5%)</td> - <td class="tdr">325,549—(41.1%)</td> - <td class="tdr">164,453—(20.4%)</td></tr> - <tr> - <td class="tdl">Women’s Poll</td> - <td class="tdr">48,485—(44.5%)</td> - <td class="tdr">39,914—(36.7%)</td> - <td class="tdr">20,448—(18.8%)</td></tr> - <tr class="bpad"> - <td class="tdl">Factory Polls</td> - <td class="tdr">1,453—( 8.4%)</td> - <td class="tdr">10,871—(62.1%)</td> - <td class="tdr">4,955—(29.5%)</td></tr> - <tr> - <td class="tdl in2">TOTALS</td> - <td class="tdr"><span class="bt">356,193—(38.6%)</span></td> - <td class="tdr"><span class="bt">376,334—(40.8%)</span></td> - <td class="tdr"><span class="bt">189,856—(20.6%)</span></td></tr> -</table> - -<p>Is it necessary for anyone to say anything further -about the temper of the country? Facts are facts.</p> - -<p>To repeat what my friend in Omaha said:</p> - -<p>“Prohibition was all right—until we got it!”</p> - -<hr /> - -<p><span class="pagenum"><a id="Page_176">176</a></span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XVI" class="vspace">CHAPTER XVI<br /> - -<span class="subhead">LITERATURE AND PROHIBITION</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">The</span> Young-Old Philosopher has recently -been traveling over the country as far west -as the Coast. He had heard that conditions, -so far as Prohibition was concerned, were -excellent out there; but he wished to observe for -himself.</p> - -<p>He found them quite the contrary. In states like -Oregon and Washington, which went dry long before -national Prohibition became an established fact, the -people were obtaining anything they desired. Close -to the border, there is plenty of bootlegging, endless -daring adventuring in the liquor traffic, many a bold -plunge over the line to bring whiskey and gin into -United States territory.</p> - -<p>And they certainly bring it. Meanwhile, the -propaganda of the Puritans goes on—or, rather, -the impropaganda; for it is not true that people are -behaving themselves. There is just as much discontent -and disorder among westerners as among easterners, -so the Young-Old Philosopher observed.</p> - -<p>But in cities like Omaha, which is about in the -center of the country, there is a dryness which is depressing. -Passing through a hotel corridor one day<span class="pagenum"><a id="Page_177">177</a></span> -at noon, the Young-Old Philosopher heard male -voices, chanting in unison. He stepped to the open -door of a private dining-room, and was much amused -to see a group of forty or fifty solid business men, -all wearing little badges proclaiming their allegiance -to some organization or other, standing about the -tables, lifting high their glasses of water, and -shouting these words:</p> - -<div class="poem-container"> -<div class="poem w15"><div class="stanza"> -<span class="iq">“With the <em>feed</em> on the <em>ta</em>-bull,<br /></span> -<span class="i0">And a good song <em>ring</em>-ing clear!”<br /></span> -</div></div> -</div> - -<p>There was a desperate attempt at gaiety, a look in -the eye of each prospective luncheoner which seemed -to say, “We <em>will</em> have a good time—in spite of Prohibition!” -But my friend turned away at this -travesty on mirth and good fellowship. He wondered -if Richard Hovey was not turning in his grave -at the cruel editing of his deathless “Stein Song,” and -he counted it a pity that pewter mugs had been superseded -by ice-water goblets; and he saw that Gopher -Prairie was indeed a dreadful reality. Not that he -would have wished to see the law disobeyed. He -merely deprecated the tragic fact that this was the -pass we had come to; this was the drab social order -we had definitely arrived at. He went disconsolately -down the hallway, brooding of all those ancient -poets who had held it no shame to sing of the vine -and the flowing bowl. No one had ever written a -song in praise of food. And he thought if Hovey -could be edited, soon the Bible itself would hear the<span class="pagenum"><a id="Page_178">178</a></span> -snip-snip of the shears, as certain boisterous passages -were cut out; and as for poor old Omar, he -wondered how soon it would be before he was -paraphrased by the reformers somewhat in this -manner:</p> - -<div class="poem-container"> -<div class="poem w20"><div class="stanza"> -<span class="i0">Here with a little Bread beneath the Bough,<br /></span> -<span class="i0">A Flask of Milk, a Book of Verse—and Thou<br /></span> -<span class="i2">Beside me singing in the Wilderness—<br /></span> -<span class="i0">Ah! Paradise were Wilderness enow.<br /></span> -</div></div> -</div> - -<p class="in0">And of course quatrains like this would soon be -omitted from all editions:</p> - -<div class="poem-container"> -<div class="poem w20"><div class="stanza"> -<span class="i0">Why, be this Juice the growth of God, who dare<br /></span> -<span class="i0">Blaspheme the twisted tendril as a Snare?<br /></span> -<span class="i2">A Blessing, we should use it, should we not?<br /></span> -<span class="i0">And if a Curse—why, then, Who set it there?<br /></span> -</div></div> -</div> - -<p>The story of the Marriage Feast at Cana must -make sorry reading for any Prohibitionist; and the -Young-Old Philosopher doubts not that it will be -torn from the records in years to come. We shall -not even be given the pleasure of reading about the -jubilations of vanished times—times rich in banquets. -Think of imperial Rome without golden -goblets! They were as much a part of the feast as -the fruit and the lights; and if we are to be deprived -of the vicarious joy of dipping into the pagan -past, might we not just as well renounce life entirely? -Red wine will be as antiquated as the ermine -and crowns of kings, my friend believes; yet who can -deny the picturesqueness of the scepter and the court<span class="pagenum"><a id="Page_179">179</a></span> -fool? They may not have been important, but they -gave a glamour to dreary days. “And some of us -may prefer them,” says the Young-Old Philosopher, -“to the dandruff-covered collars of stupid senators -and congressmen.”</p> - -<p>There is an old song of Abraham Cowley’s, written -somewhere between 1618 and 1667, which must -give pain to any Prohibitionist. Will they strive to -Bowdlerize the anthologies, erase from literature so -true and human a poem as this, which voices a -thought almost as old as the world? It is after -Anacreon.</p> - -<div class="poem-container"> -<div class="poem w20"><div class="stanza"> -<span class="i0">The thirsty earth soaks up the rain,<br /></span> -<span class="i0">And drinks, and gapes for drink again;<br /></span> -<span class="i0">The plants suck in the earth, and are<br /></span> -<span class="i0">With constant drinking, fresh and fair;<br /></span> -<span class="i0">The sea itself (which one would think<br /></span> -<span class="i0">Should have but little need of drink)<br /></span> -<span class="i0">Drinks twice ten thousand rivers up,<br /></span> -<span class="i0">So filled that they o’erflow the cup.<br /></span> -<span class="i0">The busy sun (and one would guess<br /></span> -<span class="i0">By’s drunken fiery face no less)<br /></span> -<span class="i0">Drinks up the sea, and, when he’s done,<br /></span> -<span class="i0">The moon and stars drink up the sun:<br /></span> -<span class="i0">They drink and dance by their own light;<br /></span> -<span class="i0">They drink and revel all the night.<br /></span> -<span class="i0">Nothing in nature’s sober found,<br /></span> -<span class="i0">But an eternal “health” goes round.<br /></span> -<span class="i0">Fill up the bowl, then, fill it high—<br /></span> -<span class="i0">Fill all the glasses there; for why<br /></span> -<span class="i0">Should every creature drink but I?<br /></span> -<span class="i0">Why, men of morals, tell me why?<br /></span> -</div></div> -</div> -<p><span class="pagenum"><a id="Page_180">180</a></span> -Think of losing from English literature lines like -these, from the “Last Poems” of A. E. Housman:</p> - -<div class="poem-container"> -<div class="poem w20"><div class="stanza"> -<span class="i0">Could man be drunk forever<br /></span> -<span class="i2">With liquor, love, or fights,<br /></span> -<span class="i0">Lief should I rouse at morning<br /></span> -<span class="i2">And lief lie down at nights.<br /></span> -</div><div class="stanza"> -<span class="i0">But men at whiles are sober<br /></span> -<span class="i2">And think by fits and starts,<br /></span> -<span class="i0">And if they think, they fasten<br /></span> -<span class="i2">Their hands upon their hearts.<br /></span> -</div></div> -</div> - -<p>And so modern and exquisite a poet as Richard Le -Gallienne has had much to say metrically of the -follies of attempting to regulate by law the natural -appetites of man. He sounds a warning in this -tragic-comic ballade, spurning the busy-body reformers:</p> - -<p><span class="pagenum"><a id="Page_181">181</a></span></p> -<div class="poem-container"> -<div class="poem w20"><div class="stanza"> -<span class="i0">They took away your drink from you,<br /></span> -<span class="i2">The kind old humanizing glass;<br /></span> -<span class="i0">Soon they will take tobacco too,<br /></span> -<span class="i2">And next they’ll take our demi-tasse.<br /></span> -<span class="i2">Don’t say, “The bill will never pass,”<br /></span> -<span class="i0">Nor this my warning word disdain;<br /></span> -<span class="i2">You said it once, you silly ass—<br /></span> -<span class="i0">Don’t make the same mistake again.<br /></span> -</div><div class="stanza"> -<span class="i0">We know them now, the bloodless crew,<br /></span> -<span class="i2">We know them all too well, alas!<br /></span> -<span class="i0">There’s nothing that they wouldn’t do<br /></span> -<span class="i2">To make the world a Bible class;<br /></span> -<span class="i2">Though against bottled beer or Bass<br /></span> -<span class="i0">I search the sacred text in vain<br /></span> -<span class="i2">To find a whisper—by the Mass!<br /></span> -<span class="i0">Don’t make the same mistake again.<br /></span> -</div><div class="stanza"> -<span class="i0">Beware these legislators blue,<br /></span> -<span class="i2">Pouring their moral poison-gas<br /></span> -<span class="i0">On all the joys our fathers knew;<br /></span> -<span class="i2">The very flowers in the grass<br /></span> -<span class="i2">Are safe no more, and, lad and lass,<br /></span> -<span class="i0">’Ware the old birch-rod and the cane!<br /></span> -<span class="i2">Here comes our modern Hudibras!—<br /></span> -<span class="i0">Don’t make the same mistake again.<br /></span> -</div> -<p class="p1 center smaller">ENVOI</p> -<div class="stanza"> -<span class="i0">Prince, vanished is the rail of brass,<br /></span> -<span class="i2">So mark me well and my refrain—<br /></span> -<span class="i0">Tobacco next! you silly ass,<br /></span> -<span class="i2">Don’t make the same mistake again.<br /></span> -</div></div> -</div> - -<p>It would be sad indeed to lose such a song as -“Drink to Me Only with Thine Eyes!” How -much poorer the garden of Poetry would be without -such bibulous planters of rhyme as Burns and Poe -and Verlaine! I suppose the paid Puritans would -have even our poets walk the humdrum way, so that -we would have no news of life from taverns and -inns. The picturesque vagabond, the rapscallion -son of song must be pulled in from the pleasant highways -and made to “conform.”</p> - -<p>Conform to what? A three-room flat with kitchenette -and running water, and a clerk’s desk downtown, -with methodical rides on a heaving Subway -train at eight in the morning and again at six in<span class="pagenum"><a id="Page_182">182</a></span> -the evening. Well, there are other modes of living -that seem a trifle sweeter to the dreamers of dreams, -the makers of beauty. Art is not produced like so -many bricks or like so many waffles in a waffle iron. -It is shot with wonder; and just as the water-lily -emerges in its white perfection from dubious slimy -stems, so a great work of loveliness may sometimes -rise from the meanest sources. That is what your -Pharisee does not—and cannot—understand. He -would cast us all into one mess-pot, stew us all in -the same juice, and bid us all conform to some stupid -“ideal” which he has the effrontery to hold before -the artist as the ultimate goodness.</p> - -<hr /> - -<p><span class="pagenum"><a id="Page_183">183</a></span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XVII" class="vspace">CHAPTER XVII<br /> - -<span class="subhead">AMERICA TODAY</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">My</span> friend, the Young-Old Philosopher, is -worried about America. He sees a drift -toward old-time Puritanism—with the -hood of hypocrisy used as a general covering. He -knows a distinguished judge who recently sentenced -a little bootlegger to thirty days in jail, and excoriated -him in the court-room with all the power of -language at his command. Then he dismissed court -for the day, as he had an important social engagement -uptown. On the way, he suggested to the -Young-Old Philosopher that they drop in at a smart -club. He was very weary after his heavy day’s -work, and needed a bracer. He got it.</p> - -<p>On an evening a little later, this same personage—a -man greatly respected in his community, whose -utterances on civic affairs are often quoted in the -papers—attended a dinner at one of the big hotels. -Many eminent jurists and publicists were gathered -together to do honor to one of their number. A -little bar, with a man in a neat white jacket in -charge, had been set up in a room not too remote -from the dining-room; and thither the Great Men -repaired to refresh themselves after the arduous<span class="pagenum"><a id="Page_184">184</a></span> -duty of imposing fines and prison sentences on ruffians -who dispensed alcohol through the city to those -who, like the Great Men, could pay for it. But—“Judge -not, lest ye be jugged.”</p> - -<p>And the Young-Old Philosopher told me that -once he stood in the private office of a well-known -lawyer when the telephone bell rang. He could not -help hearing the conversation, which ran somewhat -like this:</p> - -<p>“Yes? That you, Pete?... A dozen cases of -the same—<em>you</em> know. Tonight, if possible. Try to -get it there. Same price, of course.... Without -fail; and I have a friend who wants to see you. -Here’s the address: 000 Sherman. Call him up. -He’s all right. Good-bye, Pete.”</p> - -<p>The Young-Old Philosopher has himself told me -that he has no scruples about disobeying the liquor -law; yet somehow it gave him no little pain to listen -to this monologue, uttered by one whose life is -given to forensic pleadings, whose maledictions pour -forth in cataracts of eloquence when some shuddering -nobody stands at the Bar of Justice. It is as -though a priest left the altar to abscond, immediately -after a high-minded sermon on the duties of Christians.</p> - -<p>In a far western State my friend saw the Governor -take many highballs during and after a banquet -in a public room. He saw the Mayor of the city -do likewise; and he was conscious that a gentleman -of the cloth was slowly but surely growing unconscious<span class="pagenum"><a id="Page_185">185</a></span> -as the dinner went on its merry way. He had -never before seen this happen.</p> - -<p>He was told by a fellow traveler, whose word he -could not doubt, that all but 25 per cent of -the Legislature of another western State went out -and got beastly drunk, after they had voted for -Prohibition.</p> - -<p>He has heard the jibes that foreigners, seeing -what he has seen, fling at us every day; and he has -had no answer to give them.</p> - -<p>He has come upon boys trying to open the lockers -in country clubs—not little rowdies, but the sons of -influential members—that they might steal some of -the old man’s whiskey. They have boasted of their -attempted and successful thefts.</p> - -<p>He has seen flappers disgustingly intoxicated. He -has observed them putting their hands up to the -hip-pockets of their boy companions, to see if a -flask was there. Alas! it was.</p> - -<p>As limousines and taxis have flashed by him, he -has caught glimpses of youngsters who, five years -ago, would not have been allowed to go out without a -chaperone, in such close proximity that for a moment -he thought it was but one strange enigmatic -form in the car.</p> - -<p>He has seen college boys in groups of three and -four disappear into a small compartment on a train—and -emerge ten minutes later with downcast eyes -and sheepish grins, flushed with liquor; and he has -seen the same boys repeat the proceeding ten or a<span class="pagenum"><a id="Page_186">186</a></span> -dozen times on a journey lasting but a couple of -hours.</p> - -<p>He has seen a woman, injured in the streets of -one of our big cities, lying almost unconscious. A -hotel was close by, and a doctor in the crowd suggested -that someone rush to get some brandy. The -man who volunteered to go came back without any—none -was available, nor could the proprietor be -induced to send any out, even if he had had it. He -was suspicious of a stranger, making such a request—he -was suspicious of everybody. Police in civilian -clothes—oh, they were all too common these days, -that he knew; and no one was going to catch <em>him</em>, -even though a wounded woman lay prone and groaning -at his door.</p> - -<p>He has heard the social service worker in a New -York hospital say that, while conditions had slightly -improved during the first few months of Prohibition, -they were now worse than ever. In the old days, a -workingman spent, say, $2.50 on grog out of his -weekly wages, and was content to let it go at that; -now he spends ten and twelve dollars—he’ll get his -liquor at any cost; and the wives and families of -such men are in despair. With the passing of time, -the people have learned how to get drinks, and how -to make them, and they are becoming more expert -every day. But they drink poison—anything they -can lay their hands upon—and become all but raving -maniacs for a while.</p> - -<p>He has seen form letters from bootleggers in New<span class="pagenum"><a id="Page_187">187</a></span> -York, giving price lists, just as though there were -no law forbidding such transactions. Deliveries -were promised within the city, at rates commensurately -low. It was even stated that “prices were going -down,” and that the best gin could be obtained, -as well as other materials of alcoholic content. A -printed address was given, and the mails were boldly -used for this questionable business.</p> - -<p>He has known friends who had been on the water -wagon for years to take to home-brewing as a natural -course. Their excuse was that they could not -afford the prices asked by professional bootleggers; -and they were certain that they could not possibly -give a dinner party now—of all times—without offering -some stimulant to their guests. In the old -days they would have ventured to do so. Since Prohibition -people expected—and usually received—plenty -of wet refreshment. They did not care to be -segregated from their acquaintances; they did not -relish the idea of having their invitations refused. -So they gladly became law-breakers, and swiftly -acquired skill in the preparation of all sorts of wines, -gin and beer.</p> - -<p>He has seen, in a Southern city, the wife of a -leading judge serving a punch made of apple juice -and peach juice—oh, a very heady punch indeed!—to -State officials, who had no qualms about accepting -it, though they were aware that the law was being -broken. And he saw young men made quite tight -on this same punch.</p> - -<p><span class="pagenum"><a id="Page_188">188</a></span> -He has observed people entering a restaurant in -New York with packages which obviously contained -bottles. These, under the eye of a policeman in -uniform, were taken from them by the employees of -the hotel. One, a bottle of champagne, was poured -into a great pitcher—the customers were graciously -permitted to watch the process in a private room—and -then served openly, again under the officer’s eye -and nose, in the main dining room. So twisted has -become our legal logic, that it seems it is one thing -to drink from a bottle and quite another to drink -from a pitcher. A nation of sophists, as well as -hypocrites.</p> - -<p>He has seen motors searched on public highways, -without a warrant; and he has known innocent occupants -of the car to be told that “they could go on—the -police had nothing on them.”</p> - -<p>He entered a small police station in California -with a friend who had lost a valuable cigarette case—a -friend of distinction. The officers instantly -recognized him, opened a desk, exposing dozens of -quarts of whiskey, and offered both the Young-Old -Philosopher and his friend a drink. These officers -were quite drunk. They laughingly told the complainant -that they had just “pinched” a roadhouse, -and were going to sell to another roadhouse the stock -which they did not consume—and “pinch” the second -man in due season, taking the pre-arranged graft -which would come out of his profit.</p> - -<p>He remembers the case in the State of New York—no<span class="pagenum"><a id="Page_189">189</a></span> -doubt others have forgotten it, as they forget -much that they should remember—of an innocent -farmer driving his motor through the countryside -one day at dusk. He was ordered to stop by an officer -who suddenly appeared on the road, and when he -refused to do so he was instantly shot. Senator -Wadsworth aired this frightful incident in the Senate, -and the chief Prohibition enforcement officer of -the State announced that it was the duty of automobilists -to halt when they were ordered to do so, -or they might suffer a like fate.</p> - -<p>He has seen in many a woman’s club, bottles of -liquor smuggled in, cocktails made by the employees -and served in private rooms. Then, because it was -strictly against the rules to drink openly, like cats -who had just stolen the cream, the ladies and their -men guests walked guiltily but airily into the dining -room, imagining that there were no evidences of -their wrong-doing. The neat little leather or silver -cases which contained the forbidden alcohol were -automatically returned to their owners, who in turn -handed them to their waiting chauffeurs—the latter, -of course, were omitted from the happy function—and -were taken home to be replenished at the next -gathering.</p> - -<p>He has known an old lady, very ill, who craved, -as she had never craved anything, a single glass of -champagne; but even her druggist could not get it -for her, at any price, on a doctor’s prescription. -And she was denied the exhilaration of this simple<span class="pagenum"><a id="Page_190">190</a></span> -luxury, in order, so my friend supposes, that some -worthless drunkard who might better be under the -sod, should be saved.</p> - -<p>Indeed, he has known many an invalid who might -have gone to his grave a bit happier for some momentary -stimulant which stupid reformers saw fit to -withhold.</p> - -<p>He was told by the proprietor of several supper -places in one of our great cities—and he cannot -doubt his word, since he has known him for a long, -long time—that one of the federal Prohibition officers -who live on graft receives not less than five -dollars for every case of wine which passes the -Customs. Very swiftly this official is growing unbelievably -rich; he does not wish, naturally, to see a -return to what might now be considered the old, -calm days. Not long ago, this grafter decided that -it was about time to make a spectacular “raid” -and close up, for a while, the cabarets along the -route where he acted as supreme czar. For Washington -might take his long inaction as neglect of -duty. Therefore he set a night when he visited -various restaurants in a limousine, warning the proprietors -that they must shut down. But he added, -in the ear of each, “Don’t worry! this is only a bluff—a -spectacular gesture. You’ll all be free to sell -stuff in a little while.” He meant that phrase, “a -little while,” for, of course, his graft ceased during -the interval of grayness. But the federal government, -getting his report, seemed pleased at his attention<span class="pagenum"><a id="Page_191">191</a></span> -to his duties, and all was serene for him. -Champagne was purchased soon afterwards in all -these cabarets, and the jazz struck up a livelier tune, -and everybody was happy.</p> - -<p>He has read with astonishment that the student-governing -body in several of our colleges has found -it necessary to take formal action for the suppression -of intoxication among under-graduates. Was this -ever done in “the good old days”? Think of it! -Your boy, whom the Volstead Act was to protect -from the scandal of drunkenness, must have what is -comparable to the Mullan-Gage Act and the Hobert -Act pressed upon him in his college, so that he may -be made to see the dangers that lurk in alcohol. -The great and holy Government cannot control him; -a minor form of tyranny and suppression must come -into existence to aid the already heavy machinery -of the law to run smoothly.</p> - -<p>He has known of an exalted judge who purchased -liquor from a police officer, had it delivered at his -door in a patrol wagon; and that wagon was guarded -by a man in uniform.</p> - -<p>He has known another minion of the law who -admitted that, though he had not violated the Volstead -Act, for conscientious reasons, had never so -much as had a case of bought-and-paid-for whiskey -or beer carted to his door, he had somehow “found” -a bottle or two in his home, left there by sympathetic -friends, he supposed; yet he did not inquire. “Conscience -doth make cowards of us all,” as <cite>Hamlet</cite><span class="pagenum"><a id="Page_192">192</a></span> -said; but how one absolves himself is a matter of -private concern. Rationalism could go no further -than this minion’s processes of reasoning. Strange -indeed are the ways of powerful public officials, -obeying one law to the letter, and letting their ethics -slip and slide when it comes to some other law which -they do not really wish to keep, and do not really -wish to break.</p> - -<p>He has heard a dapper young society man in -Massachusetts glibly state that the best bootlegger in -his town is a federal Prohibition officer, who can -“get him anything he wants from beer to whiskey -and liqueurs.” And the dapper young man thought -this was “perfectly all right, and rather good to -know in these arid days.” Moreover, one was perfectly -certain that what one purchased from this -scoundrel was the real thing—no chance of wood-alcohol -blindness, or anything of that sort.</p> - -<p>You will notice that what the Young-Old Philosopher -has seen is not confined to any one section -of the country. He has traveled considerably to -make his observations.</p> - -<p>This is the America of today, as the Young-Old -Philosopher sees it. He says he is not so worried -about the present generation as about the generation -that may come after it. Surely the potential mothers -and fathers of children a decade hence are not fit -to take upon themselves the responsibilities and burdens -of parenthood. What kind of offspring will -they produce? So long as we are looking ahead,<span class="pagenum"><a id="Page_193">193</a></span> -providing for the welfare of the race to be, let us -wisely look far enough ahead so that our eugenics -may mean something. It is folly to pretend to be -altruistic, to dip into the immediate future, at the -expense of the present. We will produce a decadent -race if we are not careful.</p> - -<p>Do you like this America of today? The -Young-Old Philosopher says frankly that he does -not.</p> - -<p>Neither do I. And neither do you—if you are a -good American.</p> - -<p>And what about the America of tomorrow?</p> - -<hr /> - -<p><span class="pagenum"><a id="Page_194">194</a></span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XVIII" class="vspace">CHAPTER XVIII<br /> - -<span class="subhead">OTHER REFORMS</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">When</span> books of the quality of “Jurgen” -can be suppressed—happily this romance -of James Branch Cabell has been restored -to the libraries and book-stalls of the land—we are -facing a dangerous precedent. “Casanova’s Homecoming” -was likewise censored. But the Vice Society -might be about better business. I could name a -dozen volumes which they have stupidly imagined -should be withdrawn from circulation, but it would -be merely an idle repetition. The principle remains -the same.</p> - -<p>Publishers and authors have become frightened. -If the realm of art is to be invaded by reformers -who fail to distinguish between beauty and filth, it -is self-evident that there will be precious little art in -America in the next hundred years. The pictures -that we hang upon our walls may be torn down next, -and the passion for dreariness may cause the entire -United States to become one sad Sahara of utilitarianism, -with no gleam of loveliness. The mania -for standardizing us is growing; it is strange that -the authorities do not pounce upon a play like -“R. U. R.,” lest it put false notions into the minds<span class="pagenum"><a id="Page_195">195</a></span> -of the simple people. There is a tremendous lesson -in that drama. Crush us too much, make too many -automatons, and one day the lifeless, bloodless, -unimaginative host may rise in sudden might and -defeat the very purpose of their masters.</p> - -<p>The easy triumph of Prohibition gives the reformer -little to do—save to seek other avenues of -sadistic expression. If we are to be dictated to as -to which books we shall read, we will find a way to -discover smut—and nothing but smut—just as we -have found synthetic gin. And if the lifting of an -elbow—a necessary gesture when one takes an old-fashioned -drink—got on a Puritan’s nerves, I cannot -think that the smoke curling from your cigarette and -mine gives him anything but pain and genuine -anguish of mind. Tobacco companies are worried, -and some of them have been spending vast sums to -offset the crusade against the weed. Meanwhile, -the easy-going American says, “Well, of course, they -did put Prohibition over on us, but—oh, they would -not dare rob us of our cheroots. We simply wouldn’t -stand for <em>that</em>.”</p> - -<p>But I am afraid that we are as spineless as ever. -When meetings are organized to protest against the -reformers, they are often ill attended. A dash of -rain dampens the ardor of the lackadaisical citizen -who prefers his own fireside to speeches that hit -hard at this and that false cause. The trouble is -that the fanatics have not made things quite hard -enough for us. If there were a real lack of liquor;<span class="pagenum"><a id="Page_196">196</a></span> -if complete drouth settled down over the land, we -might rise in a great body and speak what we inwardly -feel. But most of us are too lazy to fight -back. Meanwhile, the organized minority gird on -their armor, devising ways and means to torture us -further. And in slippered comfort we sip our home -brew or our dearly bought bootleg toddies, and decide -that the effort required to get together is too -great. We will let things drift. There must come a -change; and after all, so long as Prohibition hasn’t -really succeeded, what’s the use of worrying?</p> - -<p>The reformer knows this characteristic lethargy -of the American people, and he smiles, assembles his -cohorts, calls us, in the vernacular of the day, “easy -marks,” and proceeds with his reforming.</p> - -<p>The return of Blue Laws is not improbable. A -few towns have already adopted them, and in these -movies are not tolerated on the Sabbath, newspapers -are not allowed to be sold, even the trolley cars are -stopped. A man may be arrested for painting his -roof on Sunday; and as for a game of baseball on -that day—it is unthinkable in many a community. -One may not walk—except to church. The Puritan -spirit is not dead. It lives in many a hamlet, dreary -enough under the best conditions. The American -people have come to a point where it is a matter of -living or existing.</p> - -<p>For my own part, I am perfectly willing for the -<em>Babbitts</em> of this country to do as they please; all I -ask is that they let me alone as I certainly shall let<span class="pagenum"><a id="Page_197">197</a></span> -them alone. I have said elsewhere that I firmly -believe in local option. That is because, perhaps, I -think that contrast is the greatest thing in art and in -life. I have never cared for regions of perpetual -sunshine, just as I have never cared for localities -where it rains, seemingly, forever. Give me a little -of each. The Gopher Prairieite must feel an impulse -to see a metropolis now and then; just as we -who live in tremendous cities feel the urge every so -often to seek the stillness of the woods.</p> - -<p>It so happens that a few people—nay, a great -many—prefer to hive in cities, because there they -find a certain amount of culture. They like the -opera, and good plays, well acted—the sparkle -which city life gives to them. They like dining out -in restaurants, and they happen to care for the -jeweled beauty of, say, Fifth Avenue or Michigan -Avenue on a winter evening. The monotony of the -life of a Kansas farmer does not appeal to them. -They can scarcely understand that passion for seclusion -which he craves. But they find no fault with -his mode of living. They even look with a sort of -amused tolerance upon those curious beings who -sneer at women who smoke cigarettes. They know -perfectly well that there are many virtuous women -who smoke cigarettes, and it is difficult to understand -why everyone cannot be possessed of the same -knowledge. But they do not seek to impose their -beliefs upon others. They do no proselytizing. They -are not anxious to convert people to a way of thinking<span class="pagenum"><a id="Page_198">198</a></span> -and reasoning that seems to them simple and -natural. They understand that what is one man’s -meat is another man’s poison; but they do resent -being told that what they consume as meat should -be labeled poison—by someone who has never -tasted it.</p> - -<p>The Eighteenth Amendment tells us, practically, -that it is wrong to drink. You and I know that it -is not wrong to drink. But we do know full well, -without being told, that it is very wrong to get -drunk.</p> - -<p>In Kansas, the people are told that it is wrong -to smoke; whereas anyone at all knows that it is -in no wise wrong to smoke; but it is exceedingly -wrong to over-smoke until one’s nerves become shattered -and one’s hands tremble.</p> - -<p>The reformer, seeing only the ill effects upon -those who overdo anything, and refusing to note -the normal lives of those of us who never overdo -anything, cannot differentiate. Hence the hullabaloo, -the trouble, the mess the world is in today.</p> - -<p>Reformers, you see, lack discrimination. One -might as well deplore Niagara Falls because a few -fools plunge into its roaring torrents; cease to enjoy -its beauty because suicides have taken advantage of -its power and height to hurl themselves into eternity. -One might as well say that no more skyscrapers are -to be built, simply because now and then a man leaps -from the top of one, and makes a ghastly mess of -himself on the pavement below.</p> - -<p><span class="pagenum"><a id="Page_199">199</a></span> -Robert Louis Stevenson used to say that the little -superfluities of life were what made it lovely—yes, -and bearable. Living does not consist in a mere -drab drudgery from day to day, proving oneself -“efficient,” turning out, in orderly fashion, so many -mechanical instruments, with no release from humdrum. -Life must contain zest and ardor and variety. -That zest and ardor and variety we human beings -ourselves give or bring to it. There must be a -garnishing of the dish of existence once in a while. -We cannot have our days served up monotonously -on a dull platter, see them flung upon the banquet -table without a surrounding decoration of loveliness. -Ugliness must be hidden; and sane fun must play its -part in the scheme of things.</p> - -<p>Now it is obvious that drunkenness is a form of -bestial ugliness, and should never be encouraged. -Even we who are not professional reformers recognize -that. But the right kind of mild drinking—the -drinking of wines, which helps digestion by giving -the proper spur to the gastric juices—is a salutary -habit, and does no one any harm. In France I have -never seen anyone intoxicated—except a visiting -American; and I fear, with Prohibition, that more -than ever will the cafés and streets of Paris be littered -with shameful and shameless fellow countrymen -of mine. The French learn from childhood how -to drink; and a picture in a recent Parisian journal -showed a group of three generations of wine-growers -chosen at hazard from among many others. I<span class="pagenum"><a id="Page_200">200</a></span> -never looked upon sturdier representatives of what -some of our forlorn know-nothings would doubtless -call a “decadent” people.</p> - -<p>Alcoholism is practically unknown among the -Latin races. To go over the border into a sodden -state of imbecility is well-nigh unthinkable to them. -France got rid of absinthe when she realized the -danger of that fiery liquid. She did not have to close -up and seal and nail down every café in every city -and hamlet just because a handful of ribald artists -thought it smart to sit all afternoon and dream -dreams of pink elephants. And, the instant absinthe -became unlawful, the French obeyed the edict, accepted -the truth that a menace had been removed, -and went on consuming an occasional aperitif and -light wines—never cocktails and highballs.</p> - -<p>But the American people, through their reformers, -always have to go to extremes. We could not see -the wisdom of cutting out or controlling hard drinking. -We had to slam every door of every saloon; -and, not content with that, we had to “mop up” the -entire country—or ridiculously try to do so—until -there should be no drop of beer, even, on anybody’s -premises. Then, the moment we had done that, -we forthwith craved a little liquor—because we -couldn’t get it. Humanly enough, we were sorry -that we had been so rash. True, we had rid ourselves -of one of the most abhorrent evidences of our -so-called civilization—the saloon with the swinging-door; -but in doing so we had destroyed, or attempted<span class="pagenum"><a id="Page_201">201</a></span> -to destroy, the harmless pleasure of men and women -who had never entered a saloon. We punished -everybody, in order to punish a few.</p> - -<p>This was not the right process. The folly of our -reformers is working incalculable harm to the entire -country. And the end is not yet.</p> - -<hr /> - -<p><span class="pagenum"><a id="Page_202">202</a></span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XIX" class="vspace">CHAPTER XIX<br /> - -<span class="subhead">IS EUROPE GOING DRY?</span></h2> -</div> - -<p class="drop-cap"><span class="firstword">If</span> William E., otherwise known as “Pussyfoot,” -Johnson has his way, Europe, too, will know -the great drouth. It is something to have lost -one’s eye in a cause, and still to retain one’s nerve -and enthusiasm.</p> - -<p>There is no doubt that the liquor interests in -Great Britain have become frightened, just as the -tobacco interests have become alarmed here; and -there are rumors of large sums being spent to contravert -the propaganda of the temperance advocates -in England. Lady Astor has come out strong for -Prohibition.</p> - -<p>The London “pub” is a notoriously shocking -place. In the meanest sections of the city, I have -witnessed scenes which made one realize that Dickens -did not exaggerate when he drew a character like -<em>Bill Sykes</em>. I have seen thinly clad, anemic children -waiting on the steps of a public house for not only -their fathers, but their mothers, to emerge. And -when they finally did so, they were so drunk that they -could scarcely toddle to their wretched homes. The -British could find a way to shut up these disreputable -resorts without interfering with the liberty of that<span class="pagenum"><a id="Page_203">203</a></span> -portion of the population which knows how to drink -in moderation.</p> - -<p>During the war, and long after it, the hours were -rigidly regulated with respect to bars. One could -not obtain a drink until noon; then the bars were -tightly closed again at 3:30 <span class="smcap smaller">P.M.</span>, and not reopened -until 6 o’clock, closing again at 9. There was little -disorder, less drunkenness than ever before in the -history of the country; and, with true British loyalty, -everyone obeyed the law. No one even thought of -disobeying it. That is a way they have over there. -I don’t suppose one could have tempted an inn-keeper -to sell one glass of ale, though he offered him -a thousand pounds. I remember the shock of a bar-maid -in a tiny town in the south of England when I, -a visitor, not knowing the regulations, asked for a -beaker of beer. “Why, we’re closed, sir, until suppertime,” -she informed me; and turned away, not -expecting—and not getting—any argument.</p> - -<p>Had we respected our laws we would not have -had Prohibition today.</p> - -<p>In Sweden, in the summer of 1922, a referendum -was taken on the all-important question of Prohibition; -and the wets won. The returns were as follows:</p> - - -<table class="narrow15" summary="referendum in Sweden"> -<tr><td class="tdl">Against</td><td class="tdc">930,655</td></tr> -<tr><td class="tdl">For</td><td class="tdc">901,053</td></tr> -</table> - -<p>As in America, certain localities were decidedly -in favor of complete Prohibition; but in the large<span class="pagenum"><a id="Page_204">204</a></span> -cities one found the desire for what might be termed -“dampness.” The female vote was preponderately -anti-Prohibition.</p> - -<p>A sensible system has been evolved in Sweden. -They regulate the liquor traffic under what is known -as the Bratt system. Only one organization in the -country is permitted to dispense alcoholic beverages. -This is known as the Wine and Spirits Central, and, -as in the Province of Quebec, tickets are issued to -citizens, and it is almost impossible to acquire more -than one’s allotted quota. There is a widespread -desire for a continued restriction of alcohol, but -naturally quiet forces are at work all the time to -bring about complete Prohibition. Certain reformers -are attempting, by means of local option, gradually -to make the whole of Sweden as dry as a -desert; but Dr. Bratt is equally firm for the present -system, which he contends—and figures would seem -to confirm his contention—that it is better for the -people than anything which could be devised. He -has pointed out that in 1913, before liquor restriction, -drunkenness was amazingly common. In 1921, -drunkenness decreased 27 per cent. Arrests for -drunkenness have gone down 49 per cent under his -system. There is little doubt that government control -in Sweden, as elsewhere, has worked remarkably -well.</p> - -<p>Russia went dry. Now the Soviet government has -decided that Prohibition is a complete failure, resulting -in the secret manufacture, as in the United<span class="pagenum"><a id="Page_205">205</a></span> -States, of much vile hootch. There will be a return -to good vodka, and the proceeds coming from the -sale of it will be used to educate the people. Doesn’t -this sound sensible?</p> - -<p>It is unthinkable that Europe will ever be a -Sahara; yet a few years ago it was likewise unthinkable -that our own country would come to the -arid state it now pretends to know. Anything is -possible, and most things are probable in these days -of delirium and stress. But a wineless France or a -beerless Germany does seem rather grotesque. I -have been told that many French wine merchants, -certain that America’s going dry is but a phase that -will pass, are keeping vast stores of champagne in -readiness to ship to us as soon as our laws are -rescinded. They simply cannot understand our -Eighteenth Amendment; yet perhaps they will have -written into their own statutes some equally drastic -article in the not very distant future.</p> - -<p>That is how the Prohibitionists feel, at any rate. -“Pussyfoot” Johnson at this writing is working hard -in Australia to bring about this consummation. -France knows already the Ligue Nationale Contre -L’Alcoolisme, with offices in Paris; Switzerland has -the Ligue Suise des Femmes Abstinentes; and both -countries are being well peppered with depressing -posters, showing the evil effects of booze. Such -works of art take the place of old songs like “Father, -Dear Father, Come Home with Me Now,” and -plays like “Ten Nights in a Barroom.” They<span class="pagenum"><a id="Page_206">206</a></span> -have their definite function, they will prove a power -among the lower and middle classes, scorned though -they may be by the manufacturers and dispensers of -liquor.</p> - -<p>But as yet the economic questions involved tease -and torment the thrifty Latin. He is wise enough -to see that his country will suffer in another way if -wine and other drinks are totally abolished; and, as -always, he looks to America for some solution of his -problem.</p> - -<p>The question therefore arises, Are the drys in -the United States strong enough financially to aid -Europe in her campaign against liquor? That the -movement has started there in deadly earnest cannot -be denied by anyone who has his eye on the situation. -But it will require capital to keep it going, -and just now all the European countries are notoriously -poor. Is the cause of temperance deep-rooted -enough to grow and flourish, despite the handicap of -lack of funds? There may be multi-millionaires in -the United States who will finance campaigns abroad, -just as it has been rumored repeatedly with what -regularity certain rich advocates of Prohibition have -contributed to the American cause. In this event, -the European movement would gain a tremendous -impetus; and what the result will be cannot, of -course, be foretold.</p> - -<p>The thing happened to us. It is ridiculous to -prophesy that it cannot happen to Europe. The -pendulum having swung all the way for us would<span class="pagenum"><a id="Page_207">207</a></span> -seem to indicate that it may swing all, or part of the -way, for Britishers and Latins alike.</p> - -<p>It will be interesting to watch and wait. Then -we shall learn whether benevolent autocracies are -better than autocratic democracies; whether crowns -and ermine are more to be desired than top-hats -and frock-coats.</p> - -<p>Europe dry? Do not smile. This is an age of -unexpected events, a period of transition, the like -of which has not been known before.</p> - -<p>But would Europeans obey laws that infringed -upon their personal liberty? There were those who -held that there would never be rebellion and riots -in Germany, since the Germans were too docile a -people to rise up against their government. Yet we -know what the Germans did, and where the Kaiser -is today.</p> - -<p>The spectacle of America’s going bone dry is not -a heartening one. Ambassadors from other lands -have seen our contempt for the law; and it is doubtful -if any of them would recommend to their countries -a counterfeiting of our methods and manners. -We have come to little else than disruption and -heart-breaking failure in this matter of Prohibition. -Imitation of our ways would amount almost to madness.</p> - -<hr /> - -<p><span class="pagenum"><a id="Page_208">208</a></span></p> - -<div class="chapter"> -<h2 id="CHAPTER_XX" class="vspace">CHAPTER XX<br /> - -<span class="subhead">WHAT ARE WE GOING TO DO ABOUT IT?</span></h2> -</div> - -<p class="drop-cap b"><span class="firstword">One</span> finds it hard to believe that a law is -just and right and proper which so many -splendid minds consider otherwise. There -have been numerous societies formed to combat the -Volstead Act, and in their long lists of members one -may read the names of honorable citizens who feel -impelled to express their views. Hundreds of influential -newspapers stand solidly against the Eighteenth -Amendment. The fight has not been taken up -in one section of the country only. Mass meetings -have been held in far separated localities, and protests -have been voiced everywhere.</p> - -<p>In the last election—that in November, 1922—the -voice of the people was heard in several States. -Prohibition was an issue, and the victory was almost -overwhelmingly for the wets. Wisconsin, for -instance, elected seven candidates who had declared -themselves for a modification of the Volstead Act. -Senator Reed, of Missouri, an avowed foe of Prohibition, -and Governor Edwards, of New Jersey, an -even more ardent “wet,” won over their opponents, -having made their views definitely known. Edwards -now goes to the Senate.</p> - -<div id="ip_208" class="figcenter" style="max-width: 25em;"> - <img src="images/i_227.jpg" width="393" height="600" alt="" /> - <div class="caption">The Prohibitionists fail to realize that Prohibition, for them, is in -itself a debauch, a kind of wild orgy, a sadistic spree. To strap us all to -the water-wagon, snap the whip and keep us there for life seems to be their -idea of a good time.</div></div> - -<p><span class="pagenum"><a id="Page_209">209</a></span> -The citizens of Massachusetts defeated a bill for -additional State machinery to make the Volstead Act -more effective; and in Illinois there proved to be a -feeling of three-to-one in favor of light wines and -beer. The rural districts of Ohio caused the Prohibitionists -to gain a victory in that State; but there -is little doubt that a change is sweeping through the -country. In New York State the Democratic candidate -for Governor ran on a light-wine-and-beer platform, -against a Republican candidate who had -signed the wretched Mullan-Gage Act. The former -won by a vast majority. The people were well aware -that the federal laws would not be changed simply -because the Empire State wished a return to moderate -drinking; but thousands of Republicans voted -for the avowedly “wet” candidate as a matter of -principle. They felt that at least a splendid gesture -had been made, and that those who looked on from -other parts of the country, sensing the will of the -people of New York, might come to realize that -hereafter the candidate for office who announces his -stand on the topic which is forever being discussed -has the better chance of victory. The time for -equivocation has gone by. The people want to know -how politicians feel about Prohibition; and the defeat -of Mr. Volstead himself for re-election was a -significant circumstance.</p> - -<p>The Anti-Prohibitionists now know that they will -have to organize and fight—and fight hard. It requires -no tremendous amount of vision to see that,<span class="pagenum"><a id="Page_210">210</a></span> -if both the big parties at present in power refuse -to consider a change in the interpretation of the -Volstead Act, a third party will arise, with Prohibition -as the foremost issue before the people.</p> - -<p>President Harding has said that whether the country -is to remain wet or dry will be a political issue -for years to come. Statesmen and politicians alike -are beginning to see and admit a change in the feeling -of the people on the all-important subject of -Prohibition. It is nonsense to say that a matter -which is discussed everywhere at all times is a dead -issue. Wherever men—and women—congregate; -around every dinner-table; in every club; at every -evening party, the topic invariably comes up. Is no -significance to be attached to this circumstance? And -not long ago the English and French were complaining -about American visitors, since they found it -rather boresome to listen, day in and day out, to -nothing but their talk on the engrossing subject. We -eat, sleep and (I was going to say drink) Prohibition.</p> - -<p>We have made a ghastly mistake. The unforeseen -evils that have come in the wake of Prohibition -far outweigh the good. We have never had anything -but Poor Man’s Prohibition; and if it is true -that those who feel the pinch of poverty have derived -benefit from the closing of the saloon—as indeed -they have—it is equally true that the moderately -well-to-do have had their expenses increased. -Used to drinking all their lives, they were not to be<span class="pagenum"><a id="Page_211">211</a></span> -whipped into obeying a law with which they had no -sympathy. They intended, humanly enough, to continue -to get their grog—at any price. And they have -done so, even though they afterward had a rendezvous -with debt.</p> - -<p>The poor do not get their liquor, simply because -they cannot afford it. I have seen clerks buying beer -at seventy-five cents a bottle, which must have made -quite a hole in their pay-envelopes. The honest laboring -man could scarcely afford that extravagance; -and so he goes beerless to bed, not because he wishes -to, but because he has to. And you and I, whenever -we desire liquid refreshment, know where we can -obtain it. If an investigation were made of the -savings of the great middle class during the past -three years, I doubt if a good showing would be -discovered. And is it not of some importance that -this great group, who are the mainstay of the Republic, -should be laying aside something for the -future?</p> - -<p>The Prohibitionists will say that they have no -sympathy with anyone who willfully breaks the law. -But you cannot argue with people who count it no sin -to disregard a statute. With clear consciences a -vast body of people take not the slightest heed of the -Eighteenth Amendment. They are simply bent upon -getting what they wish, despite the Volstead Act, -and nothing will convince them that they are not -right. A law is of absolutely no value unless it -meets with response from those whom it seeks to<span class="pagenum"><a id="Page_212">212</a></span> -improve. After a long trial, anyone but a blind -person must see that our Prohibition laws are violently -opposed by millions of otherwise good citizens. -The situation, instead of becoming better, as -the Anti-Saloon League has all along predicted, has -become steadily and obviously worse. There are -danger signals confronting us. But there is a way -out of our mess. That way lies through compromise.</p> - -<p>The Prohibitionists compromised, as of course -they are well aware, when they did not make it -against the law to drink in private homes. As I have -said, they did not dare go quite that far. Had they -done so, serious consequences would have followed. -They likewise compromised when they gave us one-half -of one per cent of alcohol in our beer. Why -even that? To make it a little more distasteful, -perhaps.</p> - -<p>The fact is that the American people are tired -of Constitutional Amendments. I have heard sound-thinking -men say that when our own private constitutions -need an amendment, we can be depended -upon to add one. We are not fools—in spite of the -reformers. We still believe that there is something -in the old judgment of the survival of the fittest. -The worthy emerge; the unworthy remain where -they belong, or sink to the depths.</p> - -<p>It is all very well to say that those who become -blind through the drinking of wood-alcohol deserve -their wretched fate; that if one takes such chances<span class="pagenum"><a id="Page_213">213</a></span> -he deserves to lose his eyesight, if not his life. For -myself, I cannot look at the matter quite so coldly. -I have the deepest sympathy for those who, in good -faith, drink something which turns out to be something -else. They have simply humanly slipped; and -but for this one lapse from grace they may be most -estimable citizens. I think it is far more terrible -that a decent manufacturer should go blind because -an unreasonable and unenforceable law is on our -books than that a million worthless imbeciles should -lie in the gutter, drunk. I have known only a few -“reformed” drunkards who ever amounted to a continental -in after years; they were hardly worth saving. -It is not very pleasant to think of an able citizen -stricken at the height of his career; and his loss -to the community is much more important than the -so-called salvation of a dozen roustabouts.</p> - -<p>During the Christmas holidays of 1921, in and -around New York City alone, there were twenty-six -persons made blind, or killed outright, through -wood-alcohol poisoning. And during another -Christmas season wood-alcohol caused fifty-nine -deaths in Massachusetts alone. Somehow I do not -like to contemplate such catastrophes. But the professional -reformers may be made of sterner stuff -than I.</p> - -<p>Let us have done with the folly of something so -radically false as Prohibition. In the old days, when -a man got drunk, he broke the social code; now, he -breaks not only that, but the penal code as well,<span class="pagenum"><a id="Page_214">214</a></span> -thereby committing two offenses against society. -But it is curious how little he cares about the second -offense. With an easy conscience he deliberately -goes about it—in fact, rather rejoices that he has -proved himself such a devil.</p> - -<p>Drink, as no one will deny, is an inherently evil -thing—a terrible force. But so is electricity a terrible -force. Yet, rightly used, both are the reverse -of evil.</p> - -<p>But just as the Prohibitionists will not recognize -the good to be found in alcohol, they refuse to admit -the evils resulting from the present drastic laws. -They fail to realize that Prohibition, for them, is in -itself a debauch, a kind of wild orgy, a sadistic spree. -To strap us all to the water-wagon, snap the whip -and keep us there for life, seems to be their idea of -a good time.</p> - -<p>But it is hardly ours. We have begun to think -that this strange and perverted conception of a -Bacchanalian orgy has lasted quite long enough. -And when the tide turns, the Prohibitionists may -know something of the horrors of a hangover, and -wonder if they are on the verge of a nervous -breakdown. “The morning after” some approaching -election may not be a pleasant one for -them.</p> - -<p>But why not compromise before the inevitable -day arrives? Rid of the saloon, the Prohibition -triumph is complete enough. Local option will continue; -and if the little places elect to go dry, of course<span class="pagenum"><a id="Page_215">215</a></span> -they may do so; but as for the great cities, especially -the metropolis, looking at the skull of its oldtime -happiness one can but say, with <cite>Hamlet</cite>, “Alas! poor -New Yorick!”</p> - -<p>Senator Frelinghuysen of New Jersey said not -long ago that Prohibition was one of the most serious -problems with which the American people have -to deal. “In the country districts the people are in -favor of upholding the Volstead law,” he made it -clear. “The church people also are against any -modification of the dry law. But when it comes to -big industrial centers and to the working classes, to -say nothing about the foreign-born population, they -are all clamoring for a change in the law to permit -the sale of light wines and beer.”</p> - -<p>If we would enact laws tomorrow giving the -various States the right to control the liquor traffic -within themselves, corruption would cease, and a -sense of peace and happiness would descend upon the -country. The constant agitations of this hour cannot -go on. There is a nervous tension in the air; -and so long as the Volstead Act remains, there will -be disturbances comparable to the rumblings of -earthquakes.</p> - -<p>Those of us who love America yearn for a return -to truth and sanity. The present conditions are intolerable. -Each political party is striving to evade -this big issue. Each claims that neither the Democrats -nor the Republicans gave the people Prohibition; -yet the people are looking to one or the other<span class="pagenum"><a id="Page_216">216</a></span> -party to take a stand on the question. The last -elections proved that.</p> - -<p>Not forever can there be a process of evasion. A -third political party will come out boldly and strong -with a wet plank, and as soon as the politicians sense -the will of the people there will be an immediate -change. But how long will it take them to sense -that will?</p> - -<p>Recently, a number of doctors brought suit to test -the constitutionality of the Volstead Act as it affects -the limitation on liquor which they may prescribe. -Not all physicians oppose Prohibition—indeed, -many have stated that whiskey is not essential in -the practice of medicine; others hold a divergent -view. But no one can deny that things have come to -a strange pass when Congress, and not our doctors, -treats patients ill with pneumonia and other diseases. -Surely an issue as clouded as this should be cleared -up.</p> - -<p>Light wines and beer will return—there is little -doubt of that; but many people hold that we should -adopt the Swedish and Canadian methods of Government -Control. We have seen that, with the federal -authorities managing the liquor traffic, a decent -business is done, bootlegging is practically stopped, -and revenue pours into the governmental coffers. -Contentment takes the place of discontent, and those -who drink pay the price—which they are more than -willing to do. It is so obvious that this is the right -method to pursue that it seems strange there should<span class="pagenum"><a id="Page_217">217</a></span> -be any argument, that there should be any line-up of -opposition.</p> - -<p>Yet the Prohibitionists, in the light of their failure -in the United States, continue to make prophecies -of a “bone dry” world in the years to be. With -amazing clairvoyance a member of the World’s -Women’s Christian Temperance Union has predicted -that in 1924. Uruguay will go dry, and likewise -Argentine; Austria and Denmark in 1925; -Chili in 1927; Great Britain in 1928; Germany in -1929; France in 1933; Japan in 1936; Italy in 1938; -Spain and China in 1939; and Cuba in 1940.</p> - -<p>Foreigners have frequently been heard to say that -they cannot understand why Americans have not -protested with a louder voice against the legislation -which concerns Prohibition. They forget—or they -do not realize—that the United States is a vast melting-pot, -and that there are, alas! too few Americans -left to make much of an impression. The links that -draw together the individual nations of European -countries are lacking in our own land. We have -absorbed every race on earth; and these aliens do -not know how to band together. They are not -really part of us, and they are naturally confused -at our methods of government. Many of them are -strangers in a strange land, and perhaps they do not -feel justified in protesting, even though they are -citizens now, saying to themselves that if the Americans -tolerate such rigid reforms, who are they to -utter words of rebellion?</p> - -<p><span class="pagenum"><a id="Page_218">218</a></span> -Is it not self-evident that Prohibition has miserably -failed when the President finds it necessary to -call a solemn conclave of Governors to see what can -be done, after three years, to force the people to -obey the law in the various States? The Federal -authorities, by that gesture, admit their inability to -cope with the situation, which has now become intolerable. -Scandal after scandal is being unearthed -in sanctimonious Washington, the seat of the Government, -and the home of Prohibition. It is being -revealed that many Congressmen and Senators -preach one thing and practise another. Is it not high -time that their dishonesty is shown up? They should -be made as ridiculous as possible. They should be -made to see that they are the worst Americans in -existence, pretending to be virtuous, invoking the -law for their constituents, and bootlegging in secret. -For at least the rest of the people who conscientiously -break the law, are not on record as -approving it.</p> - -<p>No one is sacrosanct on this flaming issue. Government -buildings are said to contain plenty of liquid -refreshment for the parched throats of these eloquent -advocates of a “dry” country. So long and -loudly have they proclaimed their insincere doctrine -that at the end of a forensic day they doubtless require -a long, cool drink. Let them be seen in all -their inglorious hypocrisy. Let the whole land laugh -at them; for it is only through laughter that they can -be reached and hurt. A law that is winked at by<span class="pagenum"><a id="Page_219">219</a></span> -those who framed it is not worth the cost required -to set it up in type.</p> - -<p>But of course nothing will be done. No names -will be named. The same hypocrisy will be practised -here. When someone higher up is to be uncovered, -the loudly proclaimed “investigation” will -come to a sudden end. There are too many criminals -in exalted places. We are the laughing-stock of the -world as it is; but if the whole truth were -known!...</p> - -<p>Economically, the people will have to have it -driven home to them that Prohibition is a mistake. -We are forever talking about the tariff; yet the most -that our tariff can bring in is about $350,000,000 a -year gross. The year 1914 was the banner year in -the United States in producing beer. There were -66,000,000 barrels sold. If we had not had Prohibition -thrust upon us, the normal growth would -have been a production of about 100,000,000 barrels. -The Government always collected revenue at -the source—there was no bookkeeping, merely a -stamping, a labeling of each barrel, and that was -all there was to it. Think of the tax upon this one -product alone which we are losing!</p> - -<p>In 1918 Canada imposed a tax of 15c on a gallon -of beer. In 1922 it was 42½c a gallon. There -are thirty gallons in a barrel, which means $13.60 -a barrel now, or more than two and a half times as -much as before. Multiply 100,000,000 barrels by -$13.60, and you arrive at $1,360,000,000 revenue<span class="pagenum"><a id="Page_220">220</a></span> -collected at the source, with no obstructions. This -is four times as much as our tariff bill would give to -the country. Moreover, if beer were restored, innumerable -collateral businesses would be given new -life. The bottling industry, corking, glassware—all -these would be resuscitated, everyone would be -happy, and personal taxes would be immeasurably -lessened. As things now are, we are burdened with -surtaxes, etc., which impoverish all kinds of industries -and make for intense ill-feeling.</p> - -<p>Crying out for no change in our laws, it is the -Prohibitionists themselves who have altered our -statutes. Can they not be changed again?</p> - -<p>It may be that the Eighteenth Amendment will -never be annulled. There are those, however, who -are hopeful even of that. But Congress is privileged -to define what constitutes an intoxicating beverage; -and the Volstead Act is not static. The people will -elect men to represent them at Washington who will -liberally interpret the Eighteenth Amendment. -Therein lies the remedy for much of our discontent.</p> - -<p>Prohibition rose, like a great wave; it is falling -back now. The tide comes in, but it goes out again. -And one can begin to hear the surge of a mighty -people. They will speak at the polls, in every election; -for Prohibition, until it is modified, will never -be taken out of national politics.</p> - -<p>A sane compromise would clear up the situation -almost overnight. And when the people speak, the -Government must heed their voice.</p> - -<div class="chapter"><div class="transnote"> -<h2 class="nobreak p1" id="Transcribers_Notes">Transcriber’s Notes</h2> - -<p>Simple typographical errors were corrected.</p> - -<p>Punctuation, hyphenation, and spelling were made -consistent when a predominant preference was found -in the original book; otherwise they were not changed.</p> -</div></div> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of The Rise and Fall of Prohibition, by -Charles Hanson Towne - -*** END OF THIS PROJECT GUTENBERG EBOOK THE RISE AND FALL OF PROHIBITION *** - -***** This file should be named 60617-h.htm or 60617-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/6/0/6/1/60617/ - -Produced by ellinora, Charlie Howard, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/American Libraries.) - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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