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
“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.
“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.
“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.
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.”
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:
“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.”
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 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.
Public-domain text, read in full here on John Shaqi.
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