Books by Okrent, Daniel

Okrent, Daniel. Last Call: The Rise and Fall of Prohibition. New York: Scribner, 2010. ISBN 978-0-7432-7702-0.

The ratification of the Eighteenth Amendment to the U.S. Constitution in 1919, prohibiting the “manufacture, sale, or transportation of intoxicating liquors” marked the transition of the U.S. Federal government into a nanny state, which occupied itself with the individual behaviour of its citizens. Now, certainly, attempts to legislate morality and regulate individual behaviour were commonplace in North America long before the United States came into being, but these were enacted at the state, county, or municipality level. When the U.S. Constitution was ratified, it exclusively constrained the actions of government, not of individual citizens, and with the sole exception of the Thirteenth Amendment, which abridged the “freedom” to hold people in slavery and involuntary servitude, this remained the case into the twentieth century. While bans on liquor were adopted in various jurisdictions as early as 1840, it simply never occurred to many champions of prohibition that a nationwide ban, written into the federal constitution, was either appropriate or feasible, especially since taxes on alcoholic beverages accounted for as much as forty percent of federal tax revenue in the years prior to the introduction of the income tax, and imposition of total prohibition would zero out the second largest source of federal income after the tariff.

As the Progressive movement gained power, with its ambitions of continental scale government and imposition of uniform standards by a strong, centralised regime, it found itself allied with an improbable coalition including the Woman's Christian Temperance Union; the Methodist, Baptist and Presbyterian churches; advocates of women's suffrage; the Anti-Saloon League; Henry Ford; and the Ku Klux Klan. Encouraged by the apparent success of “war socialism” during World War I and empowered by enactment of the Income Tax via the Sixteenth Amendment, providing another source of revenue to replace that of excise taxes on liquor, these players were motivated in the latter years of the 1910s to impose their agenda upon the entire country in as permanent a way as possible: by a constitutional amendment. Although the supermajorities required were daunting (two thirds in the House and Senate to submit, three quarters of state legislatures to ratify), if a prohibition amendment could be pushed over the bar (if you'll excuse the term), opponents would face what was considered an insuperable task to reverse it, as it would only take 13 dry states to block repeal.

Further motivating the push not just for a constitutional amendment, but enacting one as soon as possible, were the rapid demographic changes underway in the U.S. Support for prohibition was primarily rural, in southern and central states, Protestant, and Anglo-Saxon. During the 1910s, population was shifting from farms to urban areas, from the midland toward the coasts, and the immigrant population of Germans, Italians, and Irish who were famously fond of drink was burgeoning. This meant that the electoral landscape following reapportionment after the 1920 census would be far less receptive to the foes of Demon Rum.

One must never underestimate the power of an idea whose time has come, regardless of how stupid and counterproductive it might be. And so it came to pass that the Eighteenth Amendment was ratified by the 36th state: Utah, appropriately, on January 16th, 1919, with nationwide Prohibition to come into effect a year hence. From the outset, it was pretty obvious to many astute observers what was about happen. An Army artillery captain serving in France wrote to his fiancée in Missouri, “It looks to me like the moonshine business is going to be pretty good in the land of the Liberty Loans and Green Trading Stamps, and some of us want to get in on the ground floor. At least we want to get there in time to lay in a supply for future consumption.” Captain Harry S. Truman ended up pursuing a different (and probably less lucrative career), but was certainly prescient about the growth industry of the coming decade.

From the very start, Prohibition was a theatre of the absurd. Since it was enforced by a federal statute, the Volstead Act, enforcement, especially in states which did not have their own state Prohibition laws, was the responsibility of federal agents within the Treasury Department, whose head, Andrew Mellon, was a staunch opponent of Prohibition. Enforcement was always absurdly underfunded compared to the magnitude of the bootlegging industry and their customers (the word “scofflaw” entered the English language to describe them). Federal Prohibition officers were paid little, but were nonetheless highly prized patronage jobs, as their holders could often pocket ten times their salary in bribes to look the other way.

Prohibition unleashed the American talent for ingenuity, entrepreneurship, and the do-it-yourself spirit. While it was illegal to manufacture liquor for sale or to sell it, possession and consumption were perfectly legal, and families were allowed to make up to 200 gallons (which should suffice even for the larger, more thirsty households of the epoch) for their own use. This led to a thriving industry in California shipping grapes eastward for householders to mash into “grape juice” for their own use, being careful, of course, not to allow it to ferment or to sell some of their 200 gallon allowance to the neighbours. Later on, the “Vino Sano Grape Brick” was marketed nationally. Containing dried crushed grapes, complete with the natural yeast on the skins, you just added water, waited a while, and hoisted a glass to American innovation. Brewers, not to be outdone, introduced “malt syrup”, which with the addition of yeast and water, turned into beer in the home brewer's basement. Grocers stocked everything the thirsty householder needed to brew up case after case of Old Frothingslosh, and brewers remarked upon how profitable it was to outsource fermentation and bottling to the customers.

For those more talented in manipulating the law than fermenting fluids, there were a number of opportunities as well. Sacramental wine was exempted from Prohibition, and wineries which catered to Catholic and Jewish congregations distributing such wines prospered. Indeed, Prohibition enforcers noted they'd never seen so many rabbis before, including some named Patrick Houlihan and James Maguire. Physicians and dentists were entitled to prescribe liquor for medicinal purposes, and the lucrative fees for writing such prescriptions and for pharmacists to fill them rapidly caused hard liquor to enter the materia medica for numerous maladies, far beyond the traditional prescription as snakebite medicine. While many pre-Prohibition bars re-opened as speakeasies, others prospered by replacing “Bar” with ”Drug Store” and filling medicinal whiskey prescriptions for the same clientele.

Apart from these dodges, the vast majority of Americans slaked their thirst with bootleg booze, either domestic (and sometimes lethal), or smuggled from Canada or across the ocean. The obscure island of St. Pierre, a French possession off the coast of Canada, became a prosperous entrepôt for reshipment of Canadian liquor legally exported to “France”, then re-embarked on ships headed for “Rum Row”, just outside the territorial limit of the U.S. East Coast. Rail traffic into Windsor, Ontario, just across the Detroit River from the eponymous city, exploded, as boxcar after boxcar unloaded cases of clinking glass bottles onto boats bound for…well, who knows? Naturally, with billions and billions of dollars of tax-free income to be had, it didn't take long for criminals to stake their claims to it. What was different, and deeply appalling to the moralistic champions of Prohibition, is that a substantial portion of the population who opposed Prohibition did not despise them, but rather respected them as making their “money by supplying a public demand”, in the words of one Alphonse Capone, whose public relations machine kept him in the public eye.

As the absurdity of the almost universal scorn and disobedience of Prohibition grew (at least among the urban chattering classes, which increasingly dominated journalism and politics at the time), opinion turned toward ways to undo its increasingly evident pernicious consequences. Many focussed upon amending the Volstead Act to exempt beer and light wines from the definition of “intoxicating liquors”—this would open a safety valve, and at least allow recovery of the devastated legal winemaking and brewing industries. The difficulty of actually repealing the Eighteenth Amendment deterred many of the most ardent supporters of that goal. As late as September 1930, Senator Morris Sheppard, who drafted the Eighteenth Amendment, said “There is a much chance of repealing the Eighteenth Amendment as there is for a hummingbird to fly to the planet Mars with the Washington Monument tied to its tail.”

But when people have had enough (I mean, of intrusive government, not illicit elixir), it's amazing what they can motivate a hummingbird to do! Less than two years later, the Twenty-first Amendment, repealing Prohibition, was passed by the Congress, and on December 5th, 1933, it was ratified by the 36th state (appropriately, but astonishingly, Utah), thus putting an end to what had not only become generally seen as a farce, but also a direct cause of sanguinary lawlessness and scorn for the rule of law. The cause of repeal was greatly aided not only by the thirst of the populace, but also by the thirst of their government for revenue, which had collapsed due to plunging income tax receipts as the Great Depression deepened, along with falling tariff income as international trade contracted. Reinstating liquor excise taxes and collecting corporate income tax from brewers, winemakers, and distillers could help ameliorate the deficits from New Deal spending programs.

In many ways, the adoption and repeal of Prohibition represented a phase transition in the relationship between the federal government and its citizens. In its adoption, they voted, by the most difficult of constitutional standards, to enable direct enforcement of individual behaviour by the national government, complete with its own police force independent of state and local control. But at least they acknowledged that this breathtaking change could only be accomplished by a direct revision of the fundamental law of the republic, and that reversing it would require the same—a constitutional amendment, duly proposed and ratified. In the years that followed, the federal government used its power to tax (many partisans of Repeal expected the Sixteenth Amendment to also be repealed but, alas, this was not to be) to promote and deter all kinds of behaviour through tax incentives and charges, and before long the federal government was simply enacting legislation which directly criminalised individual behaviour without a moment's thought about its constitutionality, and those who challenged it were soon considered nutcases.

As the United States increasingly comes to resemble a continental scale theatre of the absurd, there may be a lesson to be learnt from the final days of Prohibition. When something is unsustainable, it won't be sustained. It's almost impossible to predict when the breaking point will come—recall the hummingbird with the Washington Monument in tow—but when things snap, it doesn't take long for the unimaginable new to supplant the supposedly secure status quo. Think about this when you contemplate issues such as immigration, the Euro, welfare state spending, bailouts of failed financial institutions and governments, and the multitude of big and little prohibitions and intrusions into personal liberty of the pervasive nanny state—and root for the hummingbird.

In the Kindle edition, all of the photographic illustrations are collected at the very end of the book, after the index—don't overlook them.

June 2010