The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United States — John Shaqi
The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United StatesTowne, Charles Hanson
History
The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United States
Towne, Charles Hanson
Prohibition -- United States; United States. Constitution. 18th Amendment
“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.”
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!
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.
Read Section 23.
“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 restrained by injunction, temporary and
permanent, from doing or continuing to do any of said acts or
things.”
Public-domain text, read in full here on John Shaqi.
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