“All persons manufacturing liquor for sale under the provisions of this title shall securely and permanently attach to every container thereof, as the same is manufactured, a label stating name of manufacturer, kind and quantity of liquor contained therein, and the date of its manufacture, together with the number of the permit authorizing the manufacture thereof; and all persons possessing such liquor in wholesale quantities shall securely keep and maintain such label thereon; and all persons selling at wholesale shall attach to every package of liquor, when sold, a label setting forth the kind and quantity of liquor contained therein, by whom manufactured, the date of sale, and the person to whom sold; which label shall likewise be kept and maintained thereon until the liquor is used for the purpose for which such sale was authorized.”
And Section 13 specifies again about records—I wonder if these are carefully kept, as the law provides!—
“It shall be the duty of every carrier to make a record at the place of shipment of the receipt of any liquor transported, and he shall deliver liquor only to persons who present to the carrier a verified copy of a permit to purchase which shall be made a part of the carrier’s permanent record at the office from which delivery is made.
“The agent of the common carrier is hereby authorized to administer the oath to the consignee in verification of the copy of the permit presented, who, if not personally known to the agent, shall be identified before the delivery of the liquor to him. The name and address of the person identifying the consignee shall be included in the record.”
“Section 14. It shall be unlawful for a person to use or induce any carrier, or any agent or employee thereof, to carry or ship any package or receptacle containing liquor without notifying the carrier of the true nature and character of the shipment. No carrier shall transport nor shall any person receive liquor from a carrier unless there appears on the outside of the package containing such liquor the following information:
“Name and address of the consignor or seller, name and address of the consignee, kind and quality of liquor contained therein, and number of the permit to purchase or ship the same, together with the name and address of the person using the permit.”
How simple they make it for us! And of course free speech on the billboards has been squashed. For Section 17 has this to say:
“It shall be unlawful to advertise anywhere, or by any means or method, liquor, or the manufacture, sale, keeping for sale or furnishing of the same, or where, how, from whom, or at what price the same may be obtained. No one shall permit any sign or billboard containing such advertisement to remain upon one’s premises.”
“Section 18. It shall be unlawful to advertise, manufacture, sell, or possess for sale any utensil, contrivance, machine, preparation, compound, tablet, substance, formula, direction, or recipe advertised, designed, or intended for use in the unlawful manufacture of intoxicating liquor.”
How the very stills themselves must tremble at these ominous words!
But I think for its far-reaching effects, Section 20 takes the palm:
“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.