Cox—The Man

by Roger Ward Babson

I am proud of Governor Cox’s record on prohibition, because both he and I have been for many years practically teetotalers. I am proud of his courage in not being scared by the Anti-Saloon League which was opposed to him and fought him at every turn.

In the gubernatorial campaign between Willis, who is radically dry, and Governor Cox, the Anti-Saloon League naturally worked with Willis. But I claim that the Anti-Saloon League of Ohio is tied up with the Republican Party of that State and controlled by the Republican leaders. Whatever Mr. Cox’s attitude on prohibition, the Anti-Saloon League, in the gubernatorial election, would have been opposed to Mr. Cox. Of course, Mr. Cox stood for a less rigid prohibition program than did Mr. Willis. No man who was honest with himself could help doing so. I have always voted for prohibition but I admire Governor Cox. After the election of Mr. Cox as Governor, moreover, the Anti-Saloon people so fully recognize his fairness in methods of enforcing the law that they now take no sides between Mr. Cox and Mr. Harding as to national matters.

The temperance people of the country feel that the country has gone prohibition and the only question they ask is whether or not the Governor will enforce the law. No Governor has a better record for law enforcement than has Governor Cox.

The history of temperance legislation in Ohio is very peculiar. In 1851 the people of the State adopted an unusual Constitution, containing an ambiguous clause regarding the sale of intoxicating liquors. Saloon men and prohibitionists voted in favor of it on opposite construction of the clause. It was carried by 8982 votes. The same clause authorized the legislature to provide against the evil arising from the sale of liquors.

No law was passed until May, 1854. By this law it was forbidden to sell intoxicating liquors to be drunk on or about the premises or in an adjoining room. It was made unlawful to sell to minors, persons intoxicated or in the habit of becoming intoxicated. Places where the law was violated were declared nuisances. There also was an important proviso attached to Section 1, that the law should not apply to “wine manufactured of the pure juice of the grape cultivated in the State of Ohio, or beer or ale or cider.”

The subject was a continual source of irritation in Ohio and the legislature was continually harassed for changes as the different interests obtained power. Under this old Constitution it was held that a law of regulation, which amounted to license, was invalid. Then followed the Pond law, the Scott law, the Dow law, the Adair law, the Rose law and many others providing for county, township, city or city residence district local option, and finally increasing the tax levied from $100 to $1000. All of this legislation was in the interests of the liquor people and tended to nullify the constitution. There was little Sunday observance in spite of the severe penalties inflicted. The partnership between the saloon and the then dominant party, the Republican, was as complete as if signed and sealed by the parties.

The people were disgusted with the entire matter. Hence when the Constitutional Convention of 1912 met, among other matters submitted to the people by a separate vote was the following: Shall a license to sell intoxicating liquors be granted in Ohio. This was submitted as a separate test vote. The people voted “yes” by a majority of 84,536. This vote took place September 3, 1912.

Governor Cox was inaugurated for the first time in January 1913, and it became his duty to enforce and obey all laws passed under the new Constitution, including the license law. A stringent, high license law was passed, and was in successful operation when the later vote was taken during the war, establishing Prohibition in the State. The provisions of this law were faithfully enforced so far as the Governor was concerned, including one compelling the observance of Sunday. Ohio had been noted for wide open saloons on Sunday in the big cities, especially in Cincinnati, where the partnership between the saloon and the Republican leaders was most effective. The Governor gave notice that the law must be observed, and it was. At the next election his action was resented and his courageous conduct in this regard contributed largely to his defeat in 1914.

Governor Cox, before prohibition as such became an issue, did sponsor and secure the passage of a license system which reduced the number of saloons and provided for self-enforcement of temperance laws by depriving the law violator of the right to continue in the liquor business or ever again be engaged in it. The law under the license amendment was approved by both the Anti-Saloon League and the Liberal League.