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
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.”
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.
And the pity of it is that we do not see how funny we are!
CHAPTER X
THE MULLAN-GAGE LAW, THE VAN NESS ACT AND THE HOBERT ACT
The 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:
“SEC. 1. The penal law is hereby amended by inserting therein a new
article, to be article one hundred and thirteen.”
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.”
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 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.
Public-domain text, read in full here on John Shaqi.
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