What Prohibition Has Done to AmericaFranklin, Fabian
History
What Prohibition Has Done to America
Franklin, Fabian
Prohibition -- United States; United States. Constitution. 18th Amendment
Now from the standpoint of pure calculation directed to the attainment
of a strategic end, in a warfare between the power of a Government and
the forces of a very large proportion of the population over which it
holds sway, the Tribune may be entirely right. But what is left of the
idea of respect for law? With what effectiveness can either President
Angell or President Harding appeal to that sentiment when it is openly
admitted that the Government not only deliberately overlooks
violations of the law by millions of private individuals, but actually
directs that the law shall be violated on its own ships, for fear that
the commercial loss entailed by doing otherwise would further excite
popular resentment against the law? It has only to be added that since
the date of that editorial (June 18, 1922) the Anti-Saloon League has
come out strongly against the selling of liquor on Governmentowned
ships--a change which only emphasizes the point I am making. For, in
spite of the Tribune's shrewd observations, it soon became clear that
the Volstead act was being so terribly discredited by the preposterous
spectacle of the Government selling liquor on its own ships that
something had to be done about it; and it was only under the pressure
of this situation that a new line of strategy was adopted by the
Anti-Saloon League. What it will do if it finds that it cannot put
through its plan of excluding liquor from all ships, American and
foreign, remains to be seen. Now it may be replied to all this that a
certain amount of laxity is to be found in the execution of all laws;
that the resources at the disposal of government not being sufficient
to secure the hunting down and punishment of all offenders, our
executive and prosecuting officers and police and courts apply their
powers in such directions and in such ways as to accomplish the
nearest approach possible to a complete enforcement of the law. But
the reply is worthless. Because the enforcement of all laws is in some
degree imperfect, it does not follow that there is no disgrace and no
mischief in the spectacle of a law enforced with spectacular vigor,
and even violence, in a thousand cases where such enforcement cannot
be successfully resisted, and deliberately treated as a dead letter in
a hundred thousand cases where its enforcement would show how
widespread and intense is the people's disapproval of the law. There
are many instances in which a law has become a dead letter; where this
is generally recognized no appreciable harm is done, since universal
custom operates as a virtual repeal. But here is a case of a law
enforced with militant energy where it suits the officers of the
Government to enforce it, systematically ignored in millions of cases
by the same officers because it suits them to do that, and cynically
violated by the direct orders of the Government itself when this
course seems recommended by a cold-blooded calculation of policy ! If
Public-domain text, read in full here on John Shaqi.
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