Historical Investigation The “Noble Experiment” U.S. History VSC: 5.2.1.c Describe the impact of the 16th, 17th, 18th, and 19th amendments to the Constitution 5.2.1.j Describe the positive and negative impact on the Progressive Era I. Engage the Students Show students the following picture. Explain that they are holding bumper stickers calling for the repeal of the Prohibition Amendment. http://collections.mnhs.org/VisualResources/image.cfm?imageid=9105&ImageNum=39&RecCount=55 1. Why might some people feel that Prohibition should be repealed? Created by Amy Rosenkrans, MSDE, Revised 8/15/08 1 2. What arguments might supporters of Prohibition use to keep the Amendment from being repealed? Narrative: Read the narrative to the class, stressing the focus question at the end. In the early twentieth century, many Americans began to view the prohibition of alcohol as a part of the progressive reform program. Support for Prohibition came mostly from areas that had large populations of native-born Protestants, primarily the South and the West. Reformers considered liquor a prime cause of corruption. They believed that liquor was responsible for crime, domestic abuse, accidents on the job, prostitution and other forms of social disorder. Southern supporters of prohibition believed that keeping alcohol out of the hands of African Americans would keep them in “their place.” Cities were the sight of the strongest resistance to Prohibition. Alcoholic beverages played an important part in the social life of many ethnic groups, such as the Irish and the Germans. Saloons were in working class neighborhoods and served as gathering places for workers and places of business for machine politicians. Many immigrant groups saw Prohibition as an attempt to impose certain cultural values on them. Despite their protestations, 23 out of the 48 states had adopted antisaloon legislation by 1916. Many of them had also gone so far as to prohibit the manufacture of alcohol. World War I stimulated the passage of a national law. Several major breweries had German names and drinking beer became unpatriotic. Due to rationing, the use of foodstuffs like hops and barley in breweries and distilleries was forbidden by Congress. Finally, in December 1917, Congress passed the Eighteenth Amendment that prohibited the “manufacture, sale, or transportation of intoxicating liquors.” It was ratified in 1919 and became effective on January 16, 1920. Soon after, Congress passed the Volstead Act that allowed for the implementation and enforcement of the Amendment. Focus Question: II. How successful was the “noble experiment” of Prohibition? Conduct the Investigation Created by Amy Rosenkrans, MSDE, Revised 8/15/08 2 In order to answer the question you will examine several documents independently. Analyze each document by answering the following questions on your graphic organizer: 1. How do I know this information is reliable? 2. When was this document written? Who wrote it? What was its purpose? 3. Explain the author’s point of view. 4. How can this document help me answer the focus question? III. Discussion Now that the documents have been analyzed, you will have the opportunity to discuss the documents and the focus question with the students in your group. As you discuss interpretations of the documents, cite evidence for your opinions. Multiple interpretations can emerge and may or may not be accepted by all. Write your group responses in the appropriate section of your graphic organizer. IV. Report the Findings Once historians complete their research, they formulate a thesis that answers the focus question. You will do the same. Your summary should answer the focus question below and be supported with details from the documents. Focus Question: How successful was the “noble experiment” of Prohibition? Created by Amy Rosenkrans, MSDE, Revised 8/15/08 3 Individual Analysis How do I know this is reliable information? When was this document written? Who wrote it? What is its purpose? Explain the author’s point of view How can this document help me answer the focus question? Document 1 Document 2 Document 3 Document 4 Document 5 Created by Amy Rosenkrans, MSDE, Revised 8/15/08 4 Document 6 Document 7 Document 8 Document 9 Document 10 Document 11 Created by Amy Rosenkrans, MSDE, Revised 8/15/08 5 Document 12 Document 13 Document 14 Document 15 Document 16 Document 17 Created by Amy Rosenkrans, MSDE, Revised 8/15/08 6 Group Analysis How do I know this is reliable information? When was this document written? Who wrote it? What is its purpose? Explain the author’s point of view How can this document help me answer the focus question? Document 1 Document 2 Document 3 Document 4 Document 5 Created by Amy Rosenkrans, MSDE, Revised 8/15/08 7 Document 6 Document 7 Document 8 Document 9 Document 10 Document 11 Created by Amy Rosenkrans, MSDE, Revised 8/15/08 8 Document 12 Document 13 Document 14 Document 15 Document 16 Document 17 Created by Amy Rosenkrans, MSDE, Revised 8/15/08 9 AMENDMENT XVIII Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by Amendment 21. Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. Created by Amy Rosenkrans, MSDE, Revised 8/15/08 10 Volstead Act- 1920 TITLE II. PROHIBITION OF INTOXICATING BEVERAGES. SEC. 3. No person shall on or after the date when the eighteenth amendment to the Constitution of the United States goes into effect, manufacture, sell, barter, transport import, export, deliver, furnish or possess my intoxicating liquor except as authorized in this Act, and all the provisions of this Act shall be liberally construed to the end that the use of intoxicating liquor as a beverage may be prevented. Liquor for non beverage purposes and wine or sacramental purposes may be manufactured, purchased, sold, bartered transported, imported, exported, delivered, furnished and possessed, but only as herein provided, and the commissioner may, upon application, issue permits therefor: Provided, That nothing| in this Act shall prohibit the purchase and sale of warehouse receipts covering distilled spirits on deposit in Government bonded warehouses, and no special tax liability shall attach to the business of purchasing and selling such warehouse receipts.... SEC. 21. Any room, house, building, boat, vehicle, structure, or place where intoxicating liquor is manufactured, sold, kept, or bartered in violation of this title, and all intoxicating liquor and property kept and used in maintaining the same, is hereby declared to be a common nuisance, and any person who maintains such a common nuisance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or be imprisoned for not more than one year, or both.... SEC. 25. It shall be unlawful to have or possess any liquor or property designed for the manufacture of liquor intended for use in violating this title or which has been so used, and no property rights shall exist in any such liquor or property.... No search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or unless it is in part used for some business purposes such as a store, shop, saloon, restaurant, hotel, or boarding house.... SEC. 29. Any person who manufactures or sells liquor in violation of this title shall for a first offense be fined not more than $1,000, or imprisoned not exceeding six months, and for a second or subsequent offense shall be fined not less than $200 nor more than $2,000 and be imprisoned not less than one month nor more than five years. http://www.multied.com/documents/Volstead.html Created by Amy Rosenkrans, MSDE, Revised 8/15/08 11 U.S. Officials Destroying Liquor at the Brownsville Customs House, December 20,1920. http://runyon.lib.utexas.edu/r/RUN08000/RUN08600/RUN08690.JPG Created by Amy Rosenkrans, MSDE, Revised 8/15/08 12 Gary Giddins, music critic: “Then in 1920, the best thing that could have happened for jazz, they passed the most idiotic law in the history of the United States, prohibition... Well, from a handful of saloons around the country, you now have thousands and thousands of speakeasies, especially in all the major cities. I mean, at one point in New York City alone, Manhattan had 5,000 speakeasies. And in the competition, you want to bring in people, you have music. So suddenly, there's work. There's tons of work for jazz musicians. Also, Prohibition is loosening up morals. It's doing exactly the opposite of what it was supposed to do. Women, for example, did not drink in saloons. They sure drank in speakeasies ... So the Jazz Age became a kind of umbrella term to this whole loosening up, this whole lubrication thanks to Prohibition when everybody was drinking more than they should just to defy an absolutely unenforceable law.” http://www.pbs.org/jazz/exchange/exchange_speakeasies.htm Created by Amy Rosenkrans, MSDE, Revised 8/15/08 13 Fiorella H. LaGuardia Hearings before the Committee on the Judiciary, U.S. Senate, 69th Congress, 1st Session,1926 It is impossible to tell whether prohibition is a good thing or a bad thing. It has never been enforced in this country. There may not be as much liquor in quantity consumed to-day as there was before prohibition, but there is just as much alcohol. At least 1,000,000 quarts of liquor is consumed each day in the United States. In my opinion such an enormous traffic in liquor could not be carried on without the knowledge, if not the connivance of the officials entrusted with the enforcement of the law. ... I believe that the percentage of whisky drinkers in the United States now is greater than in any other country of the world. Prohibition is responsible for that. ... At least $1,000,000,000 a year is lost to the National Government and the several States and counties in excise taxes. The liquor traffic is going on just the same. This amount goes into the pockets of bootleggers and in the pockets of the public officials in the shape of graft.... I will concede that the saloon was odius but now we have delicatessen stores, pool rooms, drug stores, millinery shops, private parlors, and 57 other varieties of speak-easies selling liquor and flourishing. I have heard of $2,000 a year prohibition agents who run their own cars with liveried chauffeurs. It is common talk in my part of the country that from $7.50 to $12 a case is paid in graft from the time the liquor leaves the 12-mile limit until it reaches the ultimate consumer. There seems to be a varying market price for this service created by the degree of vigilance or the degree of greed of the public officials in charge. It is my calculation that at least a million dollars a day is paid in graft and corruption to Federal, State, and local officers. Such a condition is not only intolerable, but it is demoralizing and dangerous to organized government. ... The Government even goes to the trouble to facilitate the financing end of the bootlegging industry. In 1925, $286,950,000 more of $10,000 bills were issued than in 1920 and $25,000,000 more of $5,000 bills were issued. What honest business man deals in $10,000 bills? Surely these bills were not used to pay the salaries of ministers. The bootlegging industry has created a demand for bills of large denominations, and the Treasury Department accommodates them. The drys seemingly are afraid of the truth. Why not take inventory and ascertain the true conditions. Let us not leave it to the charge of an antiprohibition organization, or to any other private association, let us have an official survey and let the American people know what is going on. A complete and honest and impartial survey would reveal incredible conditions, corruption, crime, and an organized system of illicit traffic such as the world has never seen. ... http://prohibition.history.ohio-state.edu/laguardi.htm Created by Amy Rosenkrans, MSDE, Revised 8/15/08 14 Russell Lee Post Student at Yale University Testimony before the Senate Committee on the Judiciary, 1926 Senator Reed of Missouri. What are the facts with reference to the ability of students to obtain liquor? Mr. Post. Why, it is obtainable, sir; the greater the attempts at enforcement the stronger the sentiment against it. Senator Reed of Missouri. Do bootleggers ply their trade among the students? Mr. Post. Well, it is the reverse; the students go to the bootleggers. Senator Reed of Missouri. The students go to the bootleggers? Mr. Post. Yes; they do not enter the university campus. Senator Reed of Missouri. Is there any difficulty of any student of ordinary intelligence--and I presume they are all that at Yale University-getting all the whisky he wants to buy, or alleged whisky at least? Mr. Post. No, sir. Senator Reed of Missouri. Is this liquor drunk on the campus or in the quarters of the students? Mr. Post. Yes, sir. Senator Reed of Missouri And is it drunk elsewhere? Mr. Post. Yes, sir. Senator Reed of Missouri. That is all. http://prohibition.history.ohio-state.edu/student.htm Created by Amy Rosenkrans, MSDE, Revised 8/15/08 15 "Excessive drinking among young people is a natural consequence of our prohibition laws. This is not evidence of depravity on their part, but a youthful reaction against the challenge of restraint. It is smart to drink. It is smart to carry a flask. Before prohibition the lad who took liquor on the hip to a party was almost unknown. Today he is a common figure." -Henry H. Curran, "The Wet Side of Prohibition," New York Herald Tribune, 12 January 1926. http://www.history.ohio-state.edu/projects/clash/Prohibition/prohibition-page5.htm Created by Amy Rosenkrans, MSDE, Revised 8/15/08 16 The Women's Organization for National Prohibition Reform (WONPR) Excerpts from the WONPR Convention, April 23-24, 1930. 1. We are convinced that National Prohibition is fundamentally wrong. (a) Because it conflicts with the basic American principle of local home rule and destroys the balance established by the framers of our government, between powers delegated to the federal authority and those reserved to the sovereign states or to the people themselves. (b) And because its attempt to impose total abstinence by national government fiat ignores the truth that no law will be respected or can be enforced unless supported by the moral sense and common conscience of the communities affected by it. 2. We are convinced that National Prohibition, wrong in principle, has been equally disastrous in consequences in the hypocrisy, the corruption, the tragic loss of life and the appalling increase of crime which have attended the abortive attempt to enforce it; in the shocking effect it has had upon the youth of the nation; in the impairment of constitutional guarantees of individual rights; in the weakening of the sense of solidarity between the citizen and the government which is the only sure basis of a country's strength. http://www.history.ohio-state.edu/projects/clash/Prohibition/prohibition-page5.htm Created by Amy Rosenkrans, MSDE, Revised 8/15/08 17 Transcript Mother of 16 in city on way to prison Mrs. Katherine Post to Serve 18 Months for Selling Whisky. Mrs. Katherins Post, 56 years old, Altus, Ark., passed through St. Louis today on her way to the Federal Industrial House of Correction at Alderson, W. Va., to serve an 18 months' term for selling whisky. She is the mother of 16 children, five of whom are under 18 years old and are living at home. Mrs. Post, in the custody of United States Marshal Cooper Hudspeth, Fort Smith, and Hudspeth's mother as matron, changed trains at Union Station. She had pleaded guilty of a first offense under the Volstead Act at Fort Smith last week. The wife of a fruit farmer, Joseph Post, 45 miles from Fort Smith, Mrs. Post told a Post-Dispatch reporter that repeated crop failures during recent years had tempted her to sell two quarts of whisky from a homemade stock in the hope of obtaining money to help educate her children. WAS SLAVERY EVER WORSE THAN THIS? -June 22, 1929 Created by Amy Rosenkrans, MSDE, Revised 8/15/08 18 http://asms.k12.ar.us/armem/rossmeir/pic6.htm Created by Amy Rosenkrans, MSDE, Revised 8/15/08 19 Interview with a man, only identified as Callano American Life Histories, Library of Congress “Work?" Callano said with a laugh. "Me work? Only suckers work." His rugged, scarred face bore the marks of dissipation but there was dynamic energy in his short and sturdy body. His hands were very large for a man his size, formidable looking hands as he gestured freely while talking. The wavy brown hair was thinning at his temples. "I know because I tried it. I worked in the stonesheds. I didn't like it though. I wasn't cut out to work steady. What the hell is seven-eight bucks a day? Chickenfeed. I could make more chips shooting craps and playing poker. I quit one day. The night before I made about ninety bucks shooting craps. I was up all night and I didn't feel much like working that day. The boss started riding me in the yard. I don't take that stuff from anybody. Especially not when I got ninety bucks in my pocket. I just looked at him. . . . "That was during Prohibition and all the boys was running booze. My brothers, the older ones, had a gang bootlegging. They had a bunch of big old Packards and Caddies. I went in with 'em and we made plenty dough. There was dough in that racket all right, and it was fun to bring it in. Times was good then, everybody had money, everybody was spending it. This always was a good spending town. You know how stonecutters are, they're all spenders and they all drink. Granite was going good then. "We ran mostly ale. We got it in Canada for five bucks a case and sold it here for fifteen or twenty. You could load a lot of ale into those big crates we had. We kept five or six cars on the road all the time. We sold everybody in Barre and Montpelier from the poolroom crowd to the town bigshots. We was sitting pretty them days. A gang from Burlington tried to chisel in but they didn't last long. We high-jacked three of their cars one night and they was loaded, what I mean, loaded. We gave them a good beating, we put a couple of 'em in the hospital. They kept away from Barre after that, they didn't bother us no more. We had a tough crew to fool round with, see? We liked to fight too. Nobody messed round much with us. Our gang was bad news. We could drive like hell and fight like hell. We ran a lot of stuff cross that Line, I'm telling you.” http://memory.loc.gov/cgi-bin/query/D?wpa:18:./temp/~ammem_jBlZ: Created by Amy Rosenkrans, MSDE, Revised 8/15/08 20 U.S. Apparent Consumption of the Drinking Age Population in Gallons per Year, 1850-1935 Beer Year Spirits Volume Ethanol Volume Ethanol Wine All Beverages Volume Ethanol Ethanol 1850 2.7 0.14 4.17 1.88 0.46 0.03 2.05 1860 5.39 0.27 4.79 2.16 0.57 0.1 2.53 1870 8.73 0.44 3.4 1.53 0.53 0.1 2.07 1871-80 11.26 0.56 2.27 1.02 0.77 0.14 1.72 1881-90 17.94 0.9 2.12 0.95 0.76 0.14 1.99 1891-95 23.42 1.17 2.12 0.95 0.6 0.11 2.23 1896-1900 23.72 1.19 1.72 0.77 0.55 0.1 2.06 1901-05 26.2 1.31 2.11 0.95 0.71 0.13 2.39 1906-10 29.27 1.47 2.14 0.96 0.92 0.17 2.6 1911-15 29.53 1.48 2.09 0.94 0.79 0.14 2.56 1916-19 21.63 1.08 1.68 0.76 0.69 0.12 1.96 1934 13.58 0.61 0.64 0.29 0.36 0.07 0.970 1935 15.13 0.68 0.96 0.42 0.5 0.09 1.200 U.S. Alcohol Epidemiologic Data Reference Manual (Vol. 1, Rockville, Md. : U.S. Dept. of Health and Human Services, Public Health Service, Alcohol, Drug Abuse, and Mental Health Administration, National Institute on Alcohol Abuse and Alcoholism, 1985):6 http://prohibition.history.ohio-state.edu/consumption.htm Created by Amy Rosenkrans, MSDE, Revised 8/15/08 21 Source: U.S. Treasury Department, Bureau of Industrial Alcohol; Statistics Concerning Intoxicating Liquors, December, 1930 Created by Amy Rosenkrans, MSDE, Revised 8/15/08 22 Total Expenditure on Distilled Spirits as a Percentage of Total Alcohol Sales (1890-1960) Source: Clark Warburton, The Economic Result of Prohibition (New York: Columbia University Press, 1932), Created by Amy Rosenkrans, MSDE, Revised 8/15/08 23 Homicide Rate: 1910-44 Source: U.S. Bureau of the Census, Historical Statistics of the United States, Colonial Times to 1970 (Washington: Government Printing Office, 1975), part 1, p. 414. Created by Amy Rosenkrans, MSDE, Revised 8/15/08 24 AMENDMENT XXI Passed by Congress February 20, 1933. Ratified December 5, 1933. Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. Created by Amy Rosenkrans, MSDE, Revised 8/15/08 25 My Day Eleanor Roosevelt NEW YORK, July 14, 1939 - A number of letters have come to me complaining bitterly about the fact that I said in an article recently that the repeal of prohibition had been a crusade carried on by women. I know quite well, of course that the Democratic Party took the stand in its platform that Prohibition should be repealed. I have always felt, however, that the women's organization for repeal, which was a nonpartisan organization, laid the groundwork which finally brought about the vote for repeal. I was one of those who was very happy when the original prohibition amendment passed. I thought innocently that a law in this country would automatically be complied with, and my own observation led me to feel rather ardently that the less strong liquor anyone consumed the better it was. During prohibition I observed the law meticulously, but I came gradually to see that laws are only observed with the consent of the individuals concerned and a moral change still depends on the individual and not on the passage of any law. Little by little it dawned upon me that this law was not making people drink any less, but it was making hypocrites and law breakers of a great number of people. It seemed to me best to go back to the old situation in which, if a man or woman drank to excess, they were injuring themselves and their immediate family and friends and the act was a violation against their own sense of morality and no violation against the law of the land. I could never quite bring myself to work for repeal, but I could not oppose it, for intellectually I had to agree that it was the honest thing to do. My contacts are wide and I see a great many different groups of people, and I cannot say that I find that the change in the law has made any great change in conditions among young or old in the country today. http://www.pbs.org/wgbh/amex/eleanor/sfeature/md_ke_02.html Created by Amy Rosenkrans, MSDE, Revised 8/15/08 26 Board of Liquor License Commissioners for Baltimore City Background: The Board of Liquor License Commissioners for Baltimore City was created by Act of the State Legislature after the repeal of the Volstead Act in 1933. Prior to Prohibition, alcoholic beverage licenses were issued directly by the Clerk of what was then referred to as the Court of Common Pleas. There was little intervention on the part of the public, zoning or other authorities, and alcoholic beverage licenses were routinely issued as in the case of Trader's Licenses, marriage licenses, etc. When the Volstead Act was repealed, it became apparent that appropriate controls and licensing of alcoholic beverages at the retail level were necessary in the State of Maryland to insure public safety. Boards of Liquor License Commissioners were, therefore, created in all of the political sub-divisions in the State of Maryland by act of the Maryland General Assembly. Article 2B of the Annotated Code of Maryland was the enabling legislation and remains as the alcoholic beverage statute for the State of Maryland. There have been many changes in the law since 1933, and at each session of the Maryland General Assembly, new laws and statutes are introduced and passed which affect the operation of alcoholic beverage establishments in Baltimore City and throughout the State of Maryland http://www.ci.baltimore.md.us/government/liquor/ Created by Amy Rosenkrans, MSDE, Revised 8/15/08 27