Disturbing History - Prohibition: Speakeasy In Chief

Episode Date: June 12, 2026

On New Year's Day 1927, New York City's medical examiner stood in front of reporters and accused the United States government of poisoning its own citizens. He could prove it, because the bodies were ...stacking up in his morgue. In this episode, we tear down the postcard version of Prohibition, the flappers and the jazz and the secret knock at the speakeasy door, and walk through what the thirteen-year war on alcohol actually cost. A federal denaturing program deliberately laced industrial alcohol with methanol and contributed to an estimated 10,000 American deaths, defended by the most powerful lobbyist in the country on the grounds that the dead had it coming.A spiked patent medicine called Jamaica ginger left tens of thousands of poor men paralyzed for life, and the men responsible were handed suspended sentences. Federal agents shot a mother named Lillian DeKing in her own home over half a gallon of wine. Drawing on sixteen years in law enforcement, I trace the whole arc: the genuinely drunken America of the early 1800s, the hatchet-swinging crusade of Carry Nation, Wayne Wheeler's invention of modern pressure politics, and the anti-German hysteria that pushed the 18th Amendment over the line. Then the collapse: George Remus draining government whiskey warehouses before gunning down his wife in a Cincinnati park and walking free, Al Capone turning Chicago into a war zone that produced the St. Valentine's Day Massacre, the Coast Guard sinking a Canadian schooner on the high seas, and the Ku Klux Klan deputizing itself as a liquor patrol.By the time repeal arrived in 1933, the noble experiment had built organized crime, corrupted the courts, and taught a generation that the law was a joke with a cover charge.This is the history they left out of the party photos, and every word of it is documented.Have a forgotten historical mystery, disturbing event, unsolved crime, or hidden conspiracy you think deserves investigation?Send your suggestions to brian@paranormalworldproductions.com.Disturbing History is a dark history podcast exploring unsolved mysteries, secret societies, historical conspiracies, lost civilizations, and the shadowy stories buried beneath the surface of the past.Follow the show and enable automatic downloads so you never miss a deep dive into history’s most unsettling secrets.Because sometimes the truth is darker than fiction.

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Starting point is 00:00:01 Some stories were never meant to be told. Others were buried on purpose. This podcast digs them all up. Disturbing history peels back the layers of the past to uncover the strange, the sinister, and the stories that were never supposed to survive. From shadowy presidential secrets to government experiments that sound more like fiction than fact, this is history they hoped you'd forget. I'm Brian, investigator, author, and your guide through the dark corner.
Starting point is 00:00:31 of our collective memory. Each week I'll narrate some of the most chilling and little-known tales from history that will make you question everything you thought you knew. And here's the twist. Sometimes the history is disturbing to us. And sometimes, we have to disturb history itself, just to get to the truth.
Starting point is 00:00:50 If you like your facts with the side of fear, if you're not afraid to pull at threads, others leave alone. You're in the right place. History isn't just written by the victors. victors. Sometimes, it's rewritten by the disturbed. On New Year's Day of 1927, the medical examiner of New York City stood in front of reporters and accused his own government of poisoning its citizens. His name was Charles Norris. He'd spent the holiday week watching bodies come into Bellevue
Starting point is 00:01:28 Hospital. Men and women who'd gone out to celebrate, bought a drink from a bootleggar, and started going blind within hours. Some of them died screaming. Some of them died quiet. their organs shutting down one by one while their families watched. 41 of them were dead by the time Norris stepped up to that podium, and dozens more were lying in hospital wards across the city, waiting to find out whether they'd lose their sight or their lives. Norris knew exactly what had killed them, because as chemist, a methodical man named Alexander Gettler, had run the tests.
Starting point is 00:02:03 The liquor was loaded with methyl alcohol, wood alcohol, and it wasn't there by accident. The federal government had ordered it put there on purpose as a matter of official policy to make industrial alcohol so dangerous that no bootleggar would dare redistill it and no citizen would dare drink it. The bootleggers redistilled it anyway. The citizens drank it anyway. And the people who paid the price weren't crime bosses or corrupt politicians.
Starting point is 00:02:31 They were dock workers and seamstresses and salesmen. By the time the policy ran its course, the death toll from deliberately poised, alcohol would climb into the thousands. Norris called it what it was. He said the United States government, knowing full well that this alcohol would be consumed by its own citizens, had continued to poison it anyway, and bore the moral responsibility for every death. This is the part of prohibition they don't put on the postcards. We remember the flappers and the jazz and the secret knock at the speakeasy door. We remember it as a party. But prohibition was a 13-year national experiment enforcing morality at gunpoint, and the bill for that experiment was paid in
Starting point is 00:03:14 blood, blindness, paralysis, corruption, and the birth of organized crime as we know it. Federal agents shot unarmed citizens in their kitchens. A government poisoning program killed more Americans than some of our wars. A patent medicine spiked with an industrial chemical left tens of thousands of poor people, crippled for life, and the men responsible walked away with probation. The law was enforced with an iron hand against immigrants, the poor, and black communities, while the wealthy sipped legally stockpiled champagne in their private clubs, and the Ku Klux Klan deputized itself as a liquor patrol. I spent 16 years in law enforcement, and I can tell you that every cop learns the same lesson eventually.
Starting point is 00:04:00 A law that most people refuse to obey doesn't make those people criminals. It makes the law a weapon, and weapons get pointed at whoever is easiest to hit. prohibition is the largest demonstration of that principle in American history. So pour yourself something legal and settle in. This is the story of how the United States of America declared war on a beverage and lost, and how many bodies it left on the field before it admitted defeat. To understand how a free country talked itself into banning alcohol, you have to understand how much alcohol that country was actually drinking,
Starting point is 00:04:36 because the temperance crusaders didn't invent the problem out of third. thin air. In the early 1800s, America was by any honest measure drunk. Historians estimate that by 1830, the average American over the age of 15 was putting away more than seven gallons of pure alcohol a year. That's roughly three times what Americans drink today. Whiskey was cheaper than coffee in some parts of the country. Cider was on the breakfast table. Workers took whiskey breaks the way we take coffee breaks. Employers provided liquor as part of wages, and elections were one by which candidate poured the most generously at the polls. George Washington himself, running for the Virginia legislature in 1758, supplied the voters with some 144 gallons of rum, punch, hard cider,
Starting point is 00:05:24 wine, and beer, which worked out to roughly half a gallon per vote he received, and the damage was real. Wives in the 19th century had almost no legal standing. A woman married to a drunk couldn't easily divorce him, couldn't control her own wages in many states, and couldn't stop him from drinking the family's rent money at the saloon on payday. Domestic violence fueled by alcohol was endemic and almost entirely unprosecuted. When the early temperance movement talked about the saloon destroying families, they weren't inventing a moral panic. They were describing what they saw on their own streets.
Starting point is 00:06:01 The first wave of the movement was religious and persuasive, than legal. The American Temperance Society formed in 1826 and within a decade claimed more than a million members who'd taken a pledge of abstinence. The word teetotaler comes out of this era. The most common story traces it to pledge takers who committed to total abstinence rather than mere moderation. The T standing for total. The word historians still argue over the details. But persuasion has limits and by mid-century the movement had discovered the law. In 1851, Maine passed the first statewide prohibition law in the country, championed by a Quaker businessman and future Civil War general named Neil Dow,
Starting point is 00:06:45 who'd watched Portland's waterfront saloons chew through the city's workforce. A dozen other states followed with their own versions of the Maine law within a few years. Most of those laws collapsed. They were repealed, struck down, or simply ignored, and the Civil War buried the issue for a generation. The federal government, desperate for war revenue, slapped an excise tax on liquor in 1862, and from that point forward, Washington had a financial stake in Americans drinking. For the next 50 years, taxes on alcohol provided somewhere between 20 and 40 percent of all federal revenue,
Starting point is 00:07:22 depending on the year. Hold on to that number because it explains more about the timing of prohibition than any sermon ever did. The movement came roaring back in 1873 and 7. with something called the Woman's Crusade, when tens of thousands of women across Ohio and neighboring states marched into saloons, knelt on the sawdust floors, and prayed and sang until the owners agreed to close. Hundreds of saloons shut down, at least temporarily.
Starting point is 00:07:52 Out of that crusade came the woman's Christian temperance union in 1874, and under its longtime president Francis Willard, the WCTU became one of the most effective political, organizations of the 19th century. Willard understood something her predecessors hadn't. You don't win by converting adults. You win by capturing children. The WCTU pushed mandatory temperance education into public schools across the country.
Starting point is 00:08:20 And by the 1890s, millions of American school children were being taught as scientific fact that a single drink could ignite a lifelong craving, that alcohol literally cooked the lining of the stomach and that drinkers' bodies could spontaneously combust from the alcohol in their blood. An entire generation was raised on this curriculum. When those children reached voting age in the 1910s, the harvest came in. And then there was Carrie Nation, the woman with the hatchet. Nation was a Kansas widow whose first husband had drunk himself to death, and around the turn of the century she began walking into saloons and destroying them, not protesting outside. Destroying. them, with rocks at first, and then with a hatchet, smashing mirrors, bottles, kegs, and
Starting point is 00:09:07 furniture while singing hymns. She called these visits, hatchitations. She was arrested more than 30 times, paid her fines from lecture fees and souvenir hatchet sales, and became a national celebrity. She was a sideshow, and the serious temperance organizations kept her at arm's length, but she mattered because she made the cause impossible to ignore. She died in 1911. nine years before national prohibition, having told an audience in her final speech that she had done what she could. But the organization that actually delivered prohibition
Starting point is 00:09:41 wasn't the WCTU, and it certainly wasn't one woman with a hatchet. It was the Anti-Saloon League, founded in 1893 in Oberlin, Ohio, and it deserves a place in any history of American politics because the Anti-Saloon League essentially invented the modern single-issue pressure group. The League didn't care how a politician drank, what church he attended, what party he belonged to,
Starting point is 00:10:06 or what he believed about anything else on earth. It cared about one thing, how he voted on alcohol. Vote dry and the League's formidable machine of churches, printing presses, and money would turn out for you. Vote wet, and it would bury you. The League's master strategist, a lawyer named Wayne Wheeler, perfected this method to such a degree that journalists' to term for it, Wheelerism. Wheeler figured out that a disciplined minority of single-issue voters, maybe 10% of an electorate, could decide almost any close election, and he wielded that 10% like a blade. At the height of his power, Wayne Wheeler, a man who never held any elected office, was arguably
Starting point is 00:10:50 one of the most powerful people in the United States. Congressman feared him. Presidents took his calls. He would later defend the federal poisoning program with a shrug, arguing that the government was under no obligation to make alcohol safe to drink, and that anyone who died from it had, in effect, committed suicide. Remember that quote when we get to the bodies at Bellevue. By the early 1910s, the Anti-Saloon League had dried up huge swathes of the country through local option laws and statewide bans. By 1916, 23 states had gone dry. Wheeler and the League leadership knew that state laws leaked. Liquor flowed across state lines by rail and mail, and the Supreme Court had limited what dry states could do about it.
Starting point is 00:11:37 Congress patched that hole in 1913 with the Webb Kenyon Act, which banned shipping liquor into dry states. And that same year, the League announced its true objective, a constitutional amendment banning the manufacture sale and transportation of intoxicating liquor across the entire United States. Not a statute that some future Congress could repeal in an afternoon. An amendment locked into the founding document itself. Two things happened in 1913 and the years that followed that turned this fantasy into an achievable goal. The first was the 16th Amendment, which created the federal income tax. Remember that for half a century, liquor taxes had funded as much as a third
Starting point is 00:12:20 of the federal government. No Congress was going to vote itself out of a third of its revenue. The income tax changed the math overnight. Suddenly the government had a replacement revenue stream, and the single strongest practical argument against prohibition quietly died. The dries understood this perfectly. Some of the same organizations pushing temperance had pushed hard for the income tax precisely because it cleared the path.
Starting point is 00:12:47 The second thing was the First World War, And this is where the story stops being about morality and starts being about something uglier. America's brewing industry was overwhelmingly German-American. Bush, Pabst, Schlitz, Miller, Blatz. These were German names, German families, German fortunes, and when the United States entered the war against Germany in April of 1917, the Anti-Saloon League saw its opening and took it without hesitation or shame. drinking beer became unpatriotic. Brewers became agents of the Kaiser.
Starting point is 00:13:24 The League's publications and allied politicians painted the United States Brewers Association as a treasonous fifth column, and a Senate subcommittee investigated the brewing industry's loyalty. Wheeler himself pressed the government on whether prominent brewers were funding pro-German propaganda. It worked. Anti-German hysteria was already burning through the country, the kind that renamed Sourkraut Liberty Cabbage and saw a German immigrant named Robert Prager lynched by a mob in Illinois in 1918. The Drys aimed that hysteria at the beer barrel, and it hit. The war handed the Dry's practical weapons, too.
Starting point is 00:14:03 Food conservation became a wartime duty, and in 1917, Congress passed the Lever Act, which banned the use of foodstuffs for producing distilled spirits. Why should good American grain become whiskey when our boys need? bread. Then, in a move that tells you everything about the momentum of the moment, Congress passed the Wartime Prohibition Act in November of 1918, cutting off the manufacture of beer and wine the following spring and banning the sale of intoxicating beverages entirely as of July 1,1919. Look at that date of passage again, November 21, 1918. The armistice ending the war had been signed 10 days earlier. Congress passed a wartime measure after the war was over, and nobody in power
Starting point is 00:14:50 blinked. The 18th Amendment itself had already cleared Congress in December of 1917 and gone out to the states. Stay tuned for more disturbing history. We'll be back after these messages. The conventional wisdom held that ratification would take years, if it happened at all. It took 13 months. State legislature after state legislature, many of them malapportioned in ways that gave dry rural districts far more power than wet cities, ratified in a stampede. On January 16th, 1919, Nebraska became the 36th state, and the deed was done. Only Connecticut and Rhode Island ever refused. The amendment gave the country one year of grace, and so national prohibition took effect at midnight on January 17, 1920.
Starting point is 00:15:40 The evangelist Billy Sunday held a mock funeral for John Barley Corn in Norfolk, Virginia, before a crowd of 10,000, and preached that hell would now be rented out forever, that men would walk upright, women would smile, and the children would laugh, that slums would soon be only a memory and prisons would be converted into factories. The Anti-Saloon League declared that an era of clear thinking and clean living had begun. The Internal Revenue Bureau official John Kramer charged with enforcement, promised that liquor would not be manufactured, nor sold, nor given away, and that nowhere would anything be permitted to exist that even looked like alcohol.
Starting point is 00:16:21 Within about an hour of midnight on that first night in Chicago, six masked men with guns walked into a rail yard, tied up a watchman, and stole $100,000 worth of whiskey earmarked for medicinal use straight out of two freight cars. That was hour one of the noble experiment. It did not get better from there. Before we get to the carnage, you need to understand what the law actually said, because the gap between the amendment and the statute that enforced it is where an entire criminal economy was born. The 18th Amendment banned the manufacture sale and transportation of intoxicating
Starting point is 00:16:57 liquors. Notice what's missing from that list. It never banned drinking. It never banned buying. It never banned possessing alcohol in your own home. If you had the money to stockpile before the deadline. Every drop in your cellar was perfectly legal forever, and the wealthy stocked up on a scale that's hard to believe. The Yale Club in Manhattan laid in a supply so large it lasted the full 14 years from wartime restrictions through repeal. President Woodrow Wilson moved his personal wine collection from the White House to his private residence when he left office, and his successor Warren Harding moved his own stock in. Think about that. The man who would preside over prohibition enforcement, kept a private supply in the White House and served drinks at his
Starting point is 00:17:43 poker games upstairs, while the country below him was supposedly dry. The enforcement statute was the National Prohibition Act of October 1919, known forever as the Volstead Act after Congressman Andrew Volstead of Minnesota, though it was largely drafted by Wayne Wheeler himself. President Wilson vetoed it. The House overrode the veto the same afternoon and the Senate finished the job the next day. The Volstead Act answered the question the amendment had left open, which was what counted as intoxicating, and it answered it with maximum severity. Anything over one-half of one percent alcohol. Many brewers and moderate dries had genuinely expected beer and light wine to survive. Half a percent killed all of it. Real beer was gone, replaced by a legal
Starting point is 00:18:32 product called near beer, of which the standing joke of the era held that whoever named it, was a poor judge of distance. But the Volstead Act also carved out exceptions, and every single one of those exceptions became a tunnel under the wall. Alcohol for medicinal purposes remained legal with a doctor's prescription, and American physicians discovered an astonishing surge of conditions treatable with whiskey. Doctors wrote millions of prescriptions a year for medicinal liquor, at a typical cost of about $3 per prescription, and pharmacies filled them with government bonded whiskey. It is not a coincidence that the Walgreens drugstore chain expanded from around 20 stores to more than 500 during the 1920s. The company has always credited milkshakes.
Starting point is 00:19:19 Historians have noted the prescription whiskey business probably didn't hurt. Sacramento wine for religious use stayed legal too. And enrollment in certain congregations boomed in ways that defied demography. Federal records showed withdrawals of sacramental wine jumping by hundreds of hundreds of thousands of gallons in the first two years. Some of the men obtaining wine permits as rabbis turned out to have congregations consisting of names copied from telephone directories. Legitimate clergy were mortified. Bootleggers with clerical paperwork were delighted. And then there was the loophole you could drive a truck through. The act permitted the home production of non-intoxicating cider and fruit juices, which in practice allowed a household to produce up to 200 gallons of
Starting point is 00:20:03 wine a year for its own use, as long as nobody officially called it intoxicating. California grape growers, who'd braced for ruin, instead watched demand explode. Vineyard acreage in California multiplied during the 1920s, and growers shipped concentrated grape bricks across the country with labels that carried a legally ingenious warning. After dissolving the brick in a gallon of water, the instructions cautioned, Do not place the liquid in a jug in the cupboard for 21 days because it would turn into wine. One company, backed by a federal loan no less, sold a product called Vineglow that came with a serviceman who would set up the barrel in your basement and return in 60 days to bottle the wine for you.
Starting point is 00:20:48 The same Justice Department that was raiding immigrant kitchens for home brew, let that operate for years. So that was the legal landscape on day one. drinking was legal. Buying was technically not criminalized for the buyer under federal law. The rich had sellers full of pre-war stock. The middle class had doctors and great bricks, and the entire apparatus of supply for everyone else had just been handed, free of charge, to anyone willing to break the law.
Starting point is 00:21:15 The saloon keeper had been put out of business, exactly as promised. His replacement was the gangster, and the gangster, unlike the saloon keeper, had no license to lose, no closing time, no taxes, and no reason not to sell to children or to settle business disputes with a Thompson submachine gun. Now let's talk about enforcement, because the federal government's plan for policing the drinking habits of 106 million Americans was a unit of roughly 1,500 agents, 1,500 for the entire country. For comparison, New York City alone was estimated by its own police Commissioner, Grover Whalen, to contain 32,000 speak-easies by the late 20s, which was roughly
Starting point is 00:21:58 twice the number of legal saloons the city had before prohibition. Wailen put it bluntly, all you needed was two bottles in a room and you had a speakeasy. The prohibition unit was housed in the Treasury Department, and through a piece of political horse trading that should have been a scandal all by itself, its agents were exempted from civil service rules until 1927. That meant every agent's job was a patronage plum, handed out by congressmen and party bosses to friends, donors, and brothers-in-law. No qualifications required. The pay started around $1,200 to $2,000 a year, less than a decent factory wage for a job in which a man's signature could be worth thousands to a bootleggar. The results were exactly what you'd predict. By the end of the decade,
Starting point is 00:22:46 roughly one out of every 12 agents who'd ever served had been fired for cause. Bribery, extortion, conspiracy, falsification, theft. And those were just the ones caught and dismissed. One early Prohibition Commissioner admitted that agents' positions were openly bought and sold. In New York, a journalist asked a bootleggar how long a new agent stayed honest, and the answer was measured in days. But there were honest agents, and the most famous pair of them tells you some something about how absurd the job was.
Starting point is 00:23:19 Isidore Einstein and Moe Smith, Izzy and Mo, were two heavy-set middle-aged friends from the Lower East Side who became the most effective prohibition agents in the country through what amounted to vaudeville. Izzy spoke half a dozen languages and would walk into speak-easies costumed as a gravedigger, a fisherman, a streetcar conductor, a football player in full uniform, even in one of his favorite gambits as a prohibition agent, announcing him. honestly at the bar and getting served by bartenders who laughed at the joke. The pair racked up nearly 5,000 arrests with a conviction rate around 95%.
Starting point is 00:23:56 In 1925, the Bureau fired them. The official line was reorganization. The truth, as their colleagues understood it, was that two honest agents who got their pictures in the paper more often than their bosses had embarrassed a corrupt and jealous agency. Izzy and Moe sold insurance for the rest of their lives. Above the street agents, the rot ran all the way to the top floor. This is territory we've walked before on this show, when we covered Warren Harding and the Ohio gang. But it belongs in this story, too,
Starting point is 00:24:29 because the Harding administration's relationship with prohibition was the purest expression of the law's hypocrisy. Harding had voted for the 18th Amendment as a senator. As president, he kept whiskey flowing at his private poker nights in the White House study, where, as Alice Roosevelt Longworth famously described, described it. The air was thick with tobacco smoke and the trays were crowded with bottles. Downstairs, the law of the land. Upstairs, the speakeasy and chief. And one floor of corruption down from Harding sat his attorney general, Harry Doherty, and Dority's fixer and housemate
Starting point is 00:25:04 Jess Smith, who operated out of a townhouse on K Street where federal favors were sold like sausages. Bootleggers' problems could be made to disappear at the K-street house for cash. Liquor withdrawal permits, the golden tickets that let holders take bonded whiskey out of government warehouses for medicinal sale, moved through that pipeline. When the scandals began to surface in 1923, Jess Smith burned his papers and died of a gunshot to the head in the apartment he shared with the Attorney General of the United States. It was ruled a suicide. The head of the Bureau of Investigation, who happened to live in the same building, was among the first on the scene.
Starting point is 00:25:45 and by several accounts the gun left that apartment in his custody, and the physical evidence was never seriously examined. Make of that what you will. And the single biggest client of that corruption machine was a Cincinnati lawyer named George Remus, who deserves a few minutes of your time, because for about three years, Remus was the most successful criminal in the United States,
Starting point is 00:26:08 and his story ends in a public park with a pistol and one of the strangest trials of the century. Remus was a German immigrant who'd worked his way up from a pharmacy to a Chicago law practice, where he defended murderers and noticed two things. His bootleggar clients were paying their fines out of pocket change, and the Volstead Act had a structural flaw. Pharmaceutical companies could still legally buy bonded whiskey from government-supervised distilleries for medicinal sale. So Remus moved to Cincinnati, within 300 miles of most of the bonded whiskey in America,
Starting point is 00:26:41 and started buying the entire chain. He bought distilleries. He bought wholesale drug companies. His drug companies obtained permits and legally withdrew whiskey from his own distilleries. His trucks carried it, and then his own hired men hijacked his own trucks. So the whiskey vanished into the illegal market at illegal prices, while the paperwork showed a regrettable robbery. He called it the Circle, and at its peak, the Circle employed 3,000 people
Starting point is 00:27:09 and controlled, by some estimates, around a number of, third of the bonded whiskey in the country. Remus made tens of millions of dollars in less than four years. He bought a Cincinnati mansion with a swimming pool of Grecian marble, and at one legendary New Year's party, he gave diamond stick pins to the men and brand new cars to the wives of his guests. He was paying for protection the whole time, including by his own later sworn testimony,
Starting point is 00:27:35 enormous sums funneled toward Jess Smith and the Ohio gang for immunity that turned out to be worthless. Remus was convicted in 1922 and sent to the federal penitentiary in Atlanta. And while he sat in prison, his wife Imogene took up with the handsome federal agent who had helped investigate him, a man named Franklin Dodge, who resigned from the government, and together Imogene and Dodge liquidated Remus's empire out from under him, sold his distillery interests, emptied his accounts, and depending on whose testimony you believe, discussed having him killed when he got out.
Starting point is 00:28:10 She filed for divorce and offered him a settlement of $100. Remus finished his sentence and came home in 1927 to find the fortune gone. The mansion stripped and the divorce waiting. On the morning of October 6, 1927, the day the divorce was to be finalized, Remus was riding through Cincinnati with his driver, George Klug, when he spotted the taxi carrying Imogene and her daughter Ruth toward the courthouse. He ordered Klug to chase it. The cars ran through Eden Park until the taxi was forced to a stop,
Starting point is 00:28:44 and then Remus himself got out, caught Imogene as she tried to get away, pressed a pistol into her stomach, and fired in front of her daughter. She died at the hospital. Remus turned himself in within the hour, cheerful, and announced he'd serve as his own attorney. The trial was a circus with a legal innovation at its center. Remus argued temporary insanity, prosecuted his dead wife's character for a month, and charmed the jury so thoroughly that they took 19 minutes to find him not guilty by reason of insanity. 19 minutes, and jurors reportedly wanted to congratulate him afterward.
Starting point is 00:29:21 The state then tried to keep him confined as insane, and Remus argued, successfully, that he couldn't be insane, his trial defense notwithstanding, and walked free in about six months. The most successful bootleggar in America shot his wife to death in a public park in front of witnesses and served no meaningful time for it. If you want a one paragraph summary of what prohibition did to the American justice system, that's a strong candidate. While Remus drained government warehouses from the inside, the coastlines turned into open smuggling frontiers.
Starting point is 00:29:54 Stay tuned for more disturbing history. We'll be back after these messages. Three miles off the beaches of New Jersey and Long Island, just past the limit of American jurisdiction, a permanent floating liquor market assembled that the new supermarkets papers called Rum Row. Schooners and freighters sat at anchor in international waters, legally loaded in Nassau or Halifax or the French islands of St. Pierre and Michelin off Newfoundland, whose tiny economy transformed overnight into a liquor warehouse for the North American market.
Starting point is 00:30:29 Fast motorboats ran the cargo ashore at night. The most famous of the Rum Row captains was Bill McCoy, a Florida boat builder who'd never been much of a drinker himself, and who ran his operation with the craftsman's pride. He refused to water his stock or re-labeled cheap liquor, and the legend grew that quality goods off his ships were the real McCoy. Word origin scholars will tell you the phrase probably predates him, and they're probably right, but the fact that drinkers of the era believed it tells you what the rest of the market looked like. McCoy got caught in 1923 when the Coast Guard fired on his schooner Tomoka, and he served nine months, having moved hundreds of thousands of cases in three years, and made the useful public point that the United
Starting point is 00:31:15 States government could not control its own coastline. The government's response on the water foreshadowed how far it was willing to go on land. Congress expanded the Coast Guard and pushed enforcement further offshore, and Coast Guard vessels began firing on suspected rum runners with increasing readiness. In March of 1929, Coast Guard Cutters chased a Canadian registered schooner called the I'm Alone for two days, far into the Gulf of Mexico, more than 200 miles from the American coast, and shelled her until she sank in international waters. A French-Canadian sailor named Leon Main Guy drowned. Canada protested formally. The case dragged through international arbitration for years and ended with the United States paying compensation and apologizing.
Starting point is 00:32:04 The commissioners finding the sinking unlawful. An American government sank a foreign vessel on the high seas and killed a sailor over a cargo of whiskey. By 1929, that barely cracked the front pages, because by 1929, the body count on dry land had made a single drowned sailor seem almost quaint, which brings us to Chicago. Every American city had its bootleg wars. Detroit's Purple Gang ran the river crossings from Canada and left bodies in the streets. New York had Arnold Rothstein financing the trade like a venture capitalist, and the young men he mentored, Luciano, Lansky, Costello, would carry what they learned
Starting point is 00:32:46 during prohibition into a national crime syndicate that outlived them all. Philadelphia got so far out of hand that the city brought in a Marine Corps general, Smedley Butler to clean it up. Butler padlocked hundreds of establishments in his first weeks, discovered that the city's political machine had no intention of letting him touch the protected operations and went back to the Marines two years later, declaring that trying to enforce the law in Philadelphia had been worse than any battle he'd ever been in.
Starting point is 00:33:16 This is a man who had two medals of honor. But Chicago is where prohibition's logic played out to its conclusion, so Chicago is where we'll plant our feet. Before the Volstead Act, Chicago's vice economy was run mostly by Big Jim Colossimo, a brothel and restaurant magnate who, when Prohibition arrived, showed little interest in the liquor business. His second in command, a quiet, calculating transplant from New York, named Johnny Torrio, saw what Colosimo couldn't, that Prohibition had just created the largest business opportunity in the history of American crime. In May of 1920, four months into the dry era,
Starting point is 00:33:55 Colosimo was shot dead in the vestibule of his own cafe. The murder was never solved. Torio took over and among the young men he brought up from New York to help him was a 21-year-old Brooklyn bouncer with two scars down his left cheek named Alphonse Capone. Torio's vision was corporate. He proposed treating Chicago like a market to be divided. Each gang would keep its own territory, supply its own customers, and stop killing each other because dead bodies brought heat and heat was bad for revenue.
Starting point is 00:34:27 For a couple of years, it more or less held. The Torio organization took over the suburb of Cicero outright in 1924, capturing its municipal government in an election day operation in which gunmen patrolled polling places, kidnapped election workers, and beat voters. When Chicago police came out to intervene, a gun battle in the street killed Capone's brother Frank. The organization got Cicero anyway.
Starting point is 00:34:53 way. That's worth sitting with. An American town's government was taken by armed force in in 24, in broad daylight, and the men who took it kept it for years. The truce died the same year, and the manner of its death was pure Chicago. Dean O'Banyan, the florist who ran the largely Irish Northside gang, a man who clipped chrysanthemums by day and ran beer by night, sold Torio his share of a brewery, neglecting to mention that he knew it was about to be raided, which put Torio in line for a jail sentence. Whether it was that swindle or an accumulation of insults, in November 1924, three men walked into O'Banion's flower shop, and while one shook his hand and held on, the others shot him dead among his arrangements.
Starting point is 00:35:40 Two months later, O'Banion's men returned the favor, ambushing Torio outside his apartment and shooting him five times. Torio survived, barely, served his brewery sentence, and then did the smartest thing any man in this story ever did. He handed everything to Capone and left town alive. What followed was open war. From 1924 through the end of the decade, Chicago and Cook County recorded somewhere in the neighborhood of 500 gangland killings. The number of those murders that resulted in convictions can be counted without taking off your shoes. Jaime Weiss, O'Bannon's successor, sent a motorcade of cars past Capone's headquarters in Cicero. in 1926 and raked the building with somewhere around a thousand rounds from Thompson's submachine guns.
Starting point is 00:36:29 Capone survived by lying flat on a restaurant floor. Weiss was dead within a month, cut down by machine gun fire from a nest Capone's men had rented overlooking the flower shop, the same flower shop, with such volume that bullets chip the cornerstone of the cathedral across the street. The Thompson gun, designed for the trenches of a war that ended before it shipped, found its true market in Chicago, where you could buy one through the mail. The papers called it the Chicago typewriter. Capone, meanwhile, was becoming something no American criminal had been before, a celebrity executive. He gave interviews. He went to the opera and the ballpark, and crowds cheered him. He opened soup kitchens when the depression hit and
Starting point is 00:37:13 made sure the cameras knew. He insisted he was a simple businessman supplying a public demand, And the maddening thing, the thing that tells you what prohibition had done to the country's moral arithmetic is that millions of otherwise law-abiding Americans more or less agreed with him, because every one of them who bought a beer was his customer. His organization's revenue by the late 20s was estimated by the government at around $60 million a year from beer and liquor alone. Before you counted the gambling and the brothels and the rackets, at a time when $60 million was real money, even to the fifth. federal government. Some of that money flowed straight into the institutions meant to stop him. Chicago's police, courts, and city hall under Mayor Big Bill Thompson were so thoroughly purchased that when reformers compiled lists of officers on gang payrolls, the lists read like duty rosters. The bill for all of it came due on the morning of February 14, 1929, in a brick garage at 2122 North
Starting point is 00:38:15 Clark Street. Seven men associated with George Bugs Moran, Northside gang were in the garage waiting most likely for a hijacked liquor shipment. A Cadillac pulled up and men got out, at least two of them dressed in police uniforms. The seven inside, apparently believing it was a routine shakedown raid, let themselves be lined up facing the wall. The men in uniform and their plainclothes companions then emptied two Thompson submachine guns and a shotgun into their backs. Around 70 rounds, walked the survivors of the first pass with a second. and staged their exit so that the uniformed men appeared to be arresting the others, strolling out to the car past gathering neighbors.
Starting point is 00:38:57 One victim, Frank Gussenberg, lived for three hours with 14 bullets in him and answered every police question with the code he'd lived by, insisting nobody had shot him. Moran himself had been late to the meeting, saw the police car, and kept walking, which is the only reason he died in a prison bed decades later, instead of on that floor. The St. Valentine's Day massacre was never solved in a courtroom. No one was ever convicted of it. Capone was in Florida that morning with an alibi polished to a shine. And whether the operation was his, as nearly everyone believed or something more tangled, the effect was the same. Photographs of the garage floor ran in papers across the world, and something in the public stomach turned.
Starting point is 00:39:43 Gangland killings had been tolerable, even entertaining when it was hoodlid, on hoodlum in the abstract. Seven men machine gunned against a wall by killers dressed as police officers with something else. It looked like what it was, the complete collapse of law in a major American city, paid for by every citizen's cocktail. It also marked the beginning of Capone's end, though not through any prosecution for murder. The federal government unable to convict him of any of the killings everyone knew he'd ordered, finally took him down with arithmetic. In October, of 1931, a jury convicted Al Capone of income tax evasion, and a judge gave him 11 years. The most powerful criminal in American history fell, because he hadn't paid taxes on money,
Starting point is 00:40:28 it was illegal for him to earn in the first place. He went into prison at 32, came out broken by untreated syphilis, and died in 1947 with the mind, his doctor said, of a child. The organization he built did not die with him. That's the part the movies leave out. prohibition's profits had capitalized organized crime on a scale nothing in American history had ever approached. And when the liquor money dried up, that capital and those networks moved into gambling, narcotics, labor racketeering, and the corruption of unions and industries for the next half century. We banned beer and got the mafia. That trade does not improve with age.
Starting point is 00:41:10 And while gangsters were machine-gunning each other over beer territories, the agents of the law were compiling a body count of their own, and their victims were very often not gangsters at all. Prohibition agents, deputized locals, and dry-rating deputies across the country, shot drivers who failed to stop at roadblocks, shot suspects fleeing with a few gallons of moonshine, and shot bystanders who had nothing to do with anything.
Starting point is 00:41:36 By the end of the decade, tallies compiled by newspapers and by congressional critics put the combined death toll of federal prohibition enforcement well into the hundreds of civilians. With the count of dead, climbing past 1,000 once state and local dry enforcement was included, alongside scores of agents killed in return. Senators read the lists into the record. The Chicago Tribune and other papers ran running counts the way papers now track other grim statistics. Let me give you one of those statistics by name, because lists numb you and names don't.
Starting point is 00:42:11 March of 1929 near Aurora, Illinois, Cain County Sheriff's deputies raided the home of Joseph and Lillian De King. The tip came from a dry informant who claimed he'd bought a drink at the house nine weeks earlier. The raiders found half a gallon of wine and an angry armed homeowner who ordered them out. And from there, the evening collapsed into farce and then into blood. Some of the deputies left for reinforcements, while others stayed and actually drank wine with the family they'd come to arrest. When the reinforcements arrived, heavily armed, one of the Raiders clubbed Joseph De King in the back of the head with the stock of his shotgun. Lillian, who'd been on the telephone with a lawyer trying to get help, ran to her husband as he went down. And an officer, claiming afterward he thought she was reaching for the gun, shot her dead in her own home.
Starting point is 00:43:01 Her 12-year-old son, Gerald, did grab the gun and shot the officer in the knee, and then watched his mother die. The Chicago Tribune put it on the front page under the headline, dry raiders kill a mother, and the outrage ran national for a new cycle, and the machinery rolled on. She was one kitchen, one bad tip, one half gallon of wine. Multiply her by 10 years and 48 states. That same month, March of 1929, Congress had just sharpened the knife. The Jones Act, nicknamed the 5 and 10 law, raised first offense Volstead violations from misdemeanors to felonies punishable by five years in federal prison and $10,000 in fines. Manufacture a batch of wine in your basement.
Starting point is 00:43:47 Sell a pint to a neighbor and you are now a felon on par with serious criminals. The federal courts already drowning went under. Prohibition cases swamped the dockets to the point that judges ran what they called bargain days, processing guilty pleas in bulk for reduced fines, an assembly line of criminal justice that helped normalize the plea bargaining that dominates American courts to this day. The federal prison population more than doubled during prohibition. The old penitentiaries at Atlanta and Leavenworth swelled far past capacity,
Starting point is 00:44:20 and new federal prisons had to be built to hold the overflow. A nation that had sold itself prohibition as the path to emptying its prisons was building new ones to hold winemakers. Now we come back to where we started, to the bodies at Bellevue and the policy that put them there, because the deadliest enforcer of prison, prohibition wasn't a man with a badge or a man with a Tommy gun. It was a chemical formula, written by the United States government. Here's the background you need. Industrial alcohol,
Starting point is 00:44:50 the ethanol used in paints, solvents, fuels, antifreeze, perfumes, and a hundred other products, had been exempt from beverage taxes since the early 1900s on the condition that it be denatured, meaning adulterated with additives that made it foul or dangerous to drink. That system, predated prohibition and made sense as tax policy. But once prohibition began, industrial alcohol became the bootleg industry's single largest raw material. Stay tuned for more disturbing history. We'll be back after these messages. Legitimate withdrawals of industrial alcohol exploded during the 20s and millions of gallons of it were diverted, run through redistillation plants that bootleg syndicates staffed with hired chemists, cleaned up well enough to pass for drinkable.
Starting point is 00:45:41 cut with water and flavorings, and sold across the country with counterfeit labels promising genuine Canadian rye and bonded bourbon. The bootleggers chemists got good at stripping out the standard denaturants. It was a chemical arms race, and by the mid-20s, the bootleggers were winning it. So in 1926, the federal government escalated. The Treasury Department revised the required denaturing formulas to make industrial alcohol dramatically harder to render safe. And the centerpiece of the new formulas was methyl alcohol, wood alcohol, in concentrations far higher than before. In some formulas as much as 10%, alongside charming additives like benzene, gasoline, chloroform, and mercury compounds. Methanol was chosen precisely because it's almost impossible to separate from ethanol
Starting point is 00:46:33 by simple redistillation. The two boil at nearly the same temperature. And methanol is a poison with a signature. The body metabolizes it into formaldehyde and formic acid, which attack the optic nerve and the brain. A few tablespoons can blind a grown man. A few ounces can kill him, slowly, over a day or two of escalating agony.
Starting point is 00:46:57 Everyone involved understood the consequences. The bootleg supply chain wasn't going to stop. it was going to keep redistilling, failed to remove the methanol, and shipped the result to speak-easies in every city in America. Government chemists knew it. Public health officials warned about it in plain language, and the deaths began immediately.
Starting point is 00:47:19 In New York City alone, the holiday season at the end of 1926 turned into a mass poisoning event, with dozens dead within days of Christmas and hundreds sickened. By the city's own counts, around 1,200 people were poisoned by bad, alcohol in 1926 and roughly 400 of them died and the next year the deaths climbed to about 700. A body count Charles Norris and Alexander Gettler documented case by case from the autopsy table.
Starting point is 00:47:47 Norris went to war in public. He called a press conference and charged that the government knew it wasn't stopping anyone from drinking by poisoning alcohol, that it knew people determined to drink were absorbing that poison daily and that it therefore had to bear the moral response to for the deaths even if it could never be held legally responsible. He took to calling the whole policy our national experiment in extermination. He noted who was dying, not the wealthy, who could afford smuggled genuine scotch off rum row, but the poor, who bought whatever the corner bootleger had. The poison program was, in practice, a death penalty for drinking while poor, administered without trial.
Starting point is 00:48:29 The defenders of the policy did not really dispute the facts. Wayne Wheeler's position stated for the record was that the government was under no obligation to furnish drinkable alcohol, that the law required denaturing, and that a person who chose to drink industrial alcohol was committing deliberate suicide. Other dry advocates were harsher. Some said openly that the deaths were a useful deterrent, and one dry official of the era suggested the dead were sacrifices to the good of the cause. bills to require less lethal denaturants went nowhere for years. The formulas stayed toxic into the early 1930s. Careful modern accounting of the full national death toll is impossible because methanol deaths in small towns were often recorded simply as alcoholism. But the estimate that has stood up, built outward from the documented New York numbers,
Starting point is 00:49:21 is that the federal denaturing program contributed to roughly 10,000 American deaths before repeal. 10,000. Pearl Harbor took 2,400. This was a peacetime program, aimed inward, and it has never received so much as an official acknowledgement, let alone an apology. And methanol wasn't even the cruelest chemical of the era. That distinction belongs to a patent medicine called Jamaica Ginger,
Starting point is 00:49:48 known on the street as Jake. Jake was a fluid extract of ginger, sold legally in drugstores for generations as a remedy for headaches and digestion, and it happened to be about 70 to 80% alcohol. During prohibition, it became the drink of last resort for the poorest drinkers in the country, especially across the south, two ounces of fire in a little bottle for a few cents. The Treasury knew it and required that legitimate Jake contain enough bitter ginger solids
Starting point is 00:50:17 to make casual drinking unpleasant, testing samples by boiling them down and weighing the residue. In 1930, a pair of Boston operators named Harry Gross and Max Reisman, running a company called Hub Products, went looking for an adulterant that would fool the government's residue test while keeping the product smooth enough to drink. They needed something cheap, heavy, and soluble. They settled on an industrial plasticizer called tri-ortho-crisal phosphate, a chemical used in lacquers and varnishes, which the limited literature of the day suggested was more or less harmless. It was not harmless. It is a slow-acting neurotoxin that destroys the nerve cells controlling the arms and legs.
Starting point is 00:51:02 Gross and Rizeman blended it into their jake by the drum and shipped it across the country. Within weeks in early 1930, doctors in Oklahoma City, then across Tennessee, Kentucky, Mississippi, Georgia, and the rest of the South and Midwest, began seeing men shuffle into clinics with the same bizarre presentation. Their feet had gone numb. Then their ankles had failed, leaving them slapping their feet with every step, toes dragging, calves withering. The damage climbed from the feet upward and in bad cases took the hands too. It was paralysis, and for most victims it never fully healed. The syndrome got a name from the way its victims walked, Jake Leg. The best estimates are that somewhere between 30,000 and 100,000 Americans were paralyzed to some degree, with the commonly
Starting point is 00:51:52 cited figure running upward of 35,000, overwhelming. poor men, a great many of them black, the kind of patients whose suffering generated no headlines and no congressional hearings. They left their mark instead in the music. Blues and country musicians of the early 30s recorded more than a dozen songs about the Jake Leg and the Jake Walk, which is sometimes the only memorial a poor man's catastrophe gets. And what happened to Harry Gross and Max Reisman, who crippled more Americans than polio did in a typical year? They Plea bargained. Each man was fined $1,000 and handed a two-year suspended sentence with probation, a slap on the wrist for an epidemic. The only reason Gross saw the inside of a prison at all
Starting point is 00:52:38 is that two barrels of poisoned Jake he'd shipped before the indictment, and never mentioned during his plea, surfaced in Los Angeles the next year and paralyzed roughly 200 more people, at which point a judge revoked his probation, and he began serving two years in April of 1932. Reisman never served a day, no compensation fund, no restitution. Tens of thousands of men dragged their dead feet through the depression on charity and street corners, and one of the two men who did it to them went home without ever seeing a cell. If that doesn't qualify as disturbing history, I'm in the wrong line of work. It matters who all these victims were, because prohibition was never enforced evenly,
Starting point is 00:53:21 and the unevenness wasn't a bug. From the beginning, the dry movement had carried a second cargo under the temperance flag. Hostility to immigrants, Catholics, Jews, and Black Americans, whose drinking cultures, real and imagined, the movement treated as the disease and whose neighborhoods became the battlefield. The saloon the Anti-Saloon League wanted dead was specifically the urban immigrant working-class saloon, which doubled as the political clubhouse of the big city machines, the league's rural Protestant base despised. Enforcement followed the prejudice. Padlock raids and mass arrests concentrated in immigrant wards and black neighborhoods, while the private clubs of the wealthy operated year after year
Starting point is 00:54:05 without a knock at the door. In the South, dry laws had long been entangled with white supremacy, sold partly as a means of keeping alcohol away from black men, and enforced accordingly. The medicinal whiskey prescription, the well-stocked seller, the club membership, these were the licenses of the comfortable. The poor got the poisoned industrial alcohol, the Jake bottle, the felony charge under the Jones Act, and the deputy shotgun. No organization embraced prohibition enforcement more enthusiastically than the second Ku Klux Klan, which rebuilt itself in the 1920s into a membership in the millions, partly by marketing itself as the muscular arm of the dry law. Klansmen ran for sheriff and prosecutor on enforcement platforms.
Starting point is 00:54:53 Clan chapters conducted their own armed liquor raids with and without legal deputization. In Williamson County, Illinois in 1923 and 24, the clan under a hired gunman and former prohibition agent named S. Glenn Young carried out mass raids on the homes of immigrant minors, mostly Italian and Catholic, dragging families out at gunpoint by the hundreds, and the ensuing factional violence killed more than a dozen people before the National Guard occupied the county. When defenders of the noble experiment talked about law and order, this is part of what the words meant on the ground, hooded vigilantes kicking in the doors of Catholic miners while the Yale Club poured another round. So what did America actually get for all of this? The honest answer, and I'll give the dries there due here,
Starting point is 00:55:42 because honesty is the house rule, is that drinking did go down. In the first years, with prices high and supply disrupted, alcohol consumption fell sharply, by most estimates to a third or less of pre-prohibition levels, and deaths from cirrhosis of the liver and alcoholic psychosis declined with it. If the story ended in 1922, you could call the experiment a costly success. But it didn't end in 1922.
Starting point is 00:56:11 As the illegal supply chains matured, consumption climbed back, reaching by the best economic reconstructions 60 to 70% of the old levels by the end of the decade, with the trend still rising at repeal. And the character of the drinking got worse. Prohibition killed beer, which is bulky and low proof and hard to smuggle, and favored spirits, which packed the most alcohol into the least cargo space. A nation of beer drinkers became a nation of hard liquor drinkers, drinking faster, in hiding, with no legal closing time and no quality control whatsoever.
Starting point is 00:56:47 Add the dead from poisoned liquor, the murdered, the shot, the paralyzed, the imprisoned, the corrupted, and the ledger does not balance. It isn't close. Before we get to how it ended, let's take a moment to deal with the man your high school history class probably told you, ended it, because the gap between the legend of Elliot Ness and the record of Elliot Ness is itself a small lesson in how prohibition gets remembered. Ness was real, and so were the untouchables, a small squad of federal agents in Chicago, selected for honesty in an agency where honesty was a niche specialty, and they did genuinely refuse bribes, which earned the nickname,
Starting point is 00:57:29 and they did smash up a number of Capone's breweries with a reinforced truck. All true, and to Ness's credit. But Ness did not bring down Al Capone. The tax case did, built by quiet treasury investigators like Frank Wilson, who never got a television series, working ledgers and witnesses, while Ness's raids generated headlines and a liquor conspiracy indictment that prosecutors ultimately set aside in favor of the tax counts. The legend comes mostly from Ness's own heavily embellished memoir,
Starting point is 00:58:01 published the year he died, broke and largely forgotten, and from the television show and movie it spawned. I'm not telling you this to kick a dead lawman. I'm telling you because Prohibition's popular memory is a series of these substitutions. the brave agent for the corrupt agency, the glamorous speak-easy for the poison drinker, the rebel flapper for the paralyzed sharecropper. The fun version survived. The true version is the one with the bodies in it.
Starting point is 00:58:30 By the time Herbert Hoover took office in March of 1929, calling prohibition a great social and economic experiment, noble and motive, the phrase the public immediately compressed into the noble experiment, the thing was visibly coming apart, and the most resumed. respectable people in America had begun to say so out loud. Hoover appointed a blue-ribbon panel, the National Commission on Law Observance and Enforcement, known as the Wickersham Commission after its chairman, to study the matter. The Commission's report landed in January of 1931, and it remains one of the stranger documents ever produced by the federal government. The body of the Commission's work laid out in report after report and hundreds of pages of
Starting point is 00:59:12 careful detail that enforcement had failed, that the the courts were swamped, that corruption was pervasive, that the public had withdrawn its consent, and that agents abuses, including the third-degree interrogation tactics the commission documented in a separate volume, had poisoned respect for all law. Then the commissioners, most of them, declined to recommend repeal, and the official summary tried to put a brave face on the wreckage. The newspapers noticed the contradiction immediately. A satirist of the day, Franklin Pierce Adams, summed up the report in a little verse that everyone quoted. Prohibition didn't prohibit, the report had shown, and yet the commission would stand by it anyway.
Starting point is 00:59:56 The country laughed and the laughter was the sound of the dry consensus dying. The political demolition crew that finished the job came from a direction nobody in 1893 could have predicted, society women. The dries had always claimed to speak for American womanhood, And for decades, the claim had teeth, because the WCTU had genuinely been one of the great women's organizations. Then in 1929, Pauline Sabin, a wealthy, formidable New York Republican, the first woman ever to sit on the Republican National Committee, resigned that seat and founded the women's organization for national prohibition reform. Sabin had supported prohibition initially, she said, thinking it would protect her children. What changed her mind was watching what it actually did, children growing up amid universal lawbreaking, a generation learning that laws were for suckers, hypocritical congressmen voting dry an hour after their bootleggar left the office,
Starting point is 01:00:55 and dead drinkers in the morgue from government formulas. Her organization grew faster than the WCTU ever had, claiming well over a million members within a few years, and it shattered the dry's claim to the moral authority of motherhood. which had been their load-bearing wall since the 1870s. When the WCTU's leadership sneered that Sabin's followers were cocktail-drinking society butterflies, Sabin's response was to keep organizing, county by county, and let the membership rolls answer. Money and machinery came from the Association Against the Prohibition Amendment, bankrolled by industrialists like the DuPont brothers and John Raskob,
Starting point is 01:01:35 men whose motives were not entirely sentimental. They made no secret of hoping that restructed. liquor taxes might take pressure off income taxes. Self-interest and good policy travel together more often than we like to admit. And then the Great Depression arrived and made every argument at once. The country was broke. Liquor taxes had once funded a third of the federal government, and that revenue was now funding Al Capone's soup kitchens instead.
Starting point is 01:02:01 Legal brewing meant jobs, farmers' grain markets, truckers, Coopers, bottlers, at a moment when a quarter of the workforce had none. The same economic logic that had made prohibition possible in 1913, when the income tax freed Congress from liquor revenue, now ran in reverse. A government starving for money could not keep refusing to tax the second most popular beverage in the country out of principle, especially a principle nobody was observing. The end came faster than anyone expected, just as the beginning had. Franklin Roosevelt ran in 1932 on a platform that included repeal, and the election was a landslide.
Starting point is 01:02:43 In February of 1933, the lame duck Congress passed the 21st Amendment and sent it to the states, with a procedural twist that tells you how little the politicians trusted their own legislatures. Ratification would be by special state conventions, elected by popular vote. The only amendment in American history ratified that way, precisely so that the Malaport. Rural Legislatures that had stampeded the country dry in 1919 could not block the country from going wet. Before the amendment even finished its journey, Congress passed and Roosevelt signed the Cullen Harrison Act in March, redefining the Volstead Act's intoxicating threshold to allow beer of 3.2%. Roosevelt signing it is reported to have remarked that it seemed like
Starting point is 01:03:28 a good time for a beer. At midnight on April 7, 1933, legal beer returned to most of the country, and the crowds outside the breweries in Milwaukee and St. Louis celebrated like a war had ended. In a sense, one had. On December 5, 1933, Utah of all places, became the 36th state to ratify, and the 18th Amendment became the first and still the only constitutional amendment ever repealed. It's worth pausing on what repealed did not do. The 21st Amendment handed liquor control back to the states, and many of them stayed dry for years. Mississippi held out until 1966, and hundreds of dry counties persist across the country to this day. The federal government having spent 13 years and a mountain of bodies learning that it could not police what Americans
Starting point is 01:04:20 drink kept the lesson for about five minutes. The enforcement bureaucracies and the prohibitionist template were promptly redirected toward other substances, beginning with marijuana within four years of repeal, and the playbook, the Moral Crusade, the selective enforcement, the criminal markets, the violence, the disproportionate punishment of the poor and the dark-skinned, would be run again at even greater length and cost. That, however, is another episode. The criminal organization's prohibition bill did not disband at midnight on December 5th. They had 13 years of capital, 13 years of corrupted officials on retainer, 13 years of interstate logistics and trained gunmen,
Starting point is 01:05:04 and they simply changed product lines. The national syndicate structure that Luciano and Lansky and their colleagues formalized in the early 30s was prohibition's direct descendant, and Americans would be living with it and burying its victims for the rest of the century. The corruption prohibition normalized in police departments and city halls outlived it by decades. The federal plea bargain assembly line built to process Volstead cases became standard machinery. The wiretap, blessed by the Supreme Court in 1928 in Olmsted against United States, a case about a Seattle bootleger, entered American law over the objection of Justice Louis Brandeis,
Starting point is 01:05:45 whose dissent warned that a government that breaks the law to enforce the law breeds contempt for law itself, that it invites every man to become a law unto himself, that it invites anarches, Brandeis was describing prohibition. He could have been writing its epitaph. So let's write the ledger out plainly, one last time, and let the entries speak. An estimated 10,000 dead from a federal program that deliberately poisoned the alcohol supply, a program defended in public by the most powerful lobbyist in the country, on the grounds that the dead had it coming.
Starting point is 01:06:21 Tens of thousands paralyzed for life by adulterated Jake, their poisoners sentenced to probation. Hundreds of civilians shot dead by enforcement agents, mothers in their own homes among them, with newspaper tallies of the enforcement wars total dead running past 1,000. 500 gangland murders in Chicago alone, nearly all unpunished, and a massacre on St. Valentine's Day, carried out by killers wearing the uniform of the law. A federal enforcement agency so corrupt that one agent in 12 was fired for cause, and honest agents were terminated for embarrassing it.
Starting point is 01:06:57 The President of the United States serving bootleg whiskey upstairs while the Justice Department sold immunity out of a townhouse. An American suburb seized at gunpoint. A Canadian sailor killed on the high seas over a cargo of liquor. The Ku Klux Klan rebuilt into a mass movement with a liquor raid as its recruiting poster. The birth and capitalization of national organized crime. A generation taught by daily demonstration that the law of the land was a joke with a cover charge. And at the end of 13 years, Americans were still drinking. At two-thirds, the old rate and climbing.
Starting point is 01:07:34 Except now the product might blind them. The profits armed murderers. And the government had spent hundreds of millions of dollars and its own credibility to accomplish it. Like many of the men and women we cover on this show, the people who built prohibition were not cartoon villains. And that may be the most disturbing thing in this whole story. The women of the WCTU had watched drunken men beat their wives. in an age when the law shrugged.
Starting point is 01:08:00 Francis Willard wanted to protect children. Even Wayne Wheeler, whatever his methods, believed to his last day that he was saving lives. He died in 1927 with the poisoning program he'd defended still running, still certain. They saw a real evil, and they were right that it was real. And they concluded that the solution was to hand the government a hammer and declare 60 million of their neighbor's nails. Every disaster in this episode flows from that one day. decision. The lesson of prohibition isn't that alcohol is harmless. It isn't, and it wasn't. The lesson is that a law without consent isn't order. It's a tax collected in blood by whoever is
Starting point is 01:08:40 willing to pull the trigger, and the people who end up paying it are almost never the people who wrote it. On the April night in 1933 when legal beer came back, H. L. Mencken, who had spent 13 years flaying the dries in print, stood at the bar of the Renert Hotel in Baltimore just after midnight, drained one of the first lawful glasses poured in the city, and pronounced it pretty good, not bad at all. The crowd cheered. Somewhere across town and some county morgue's ledger from the year before, there's an entry for a man listed dead of alcoholism who actually died of formic acid, eating his optic nerves, courtesy of a formula written in Washington. Nobody cheered for him. Nobody apologized to him. Nobody has yet. I'm asking you to remember him anyway.
Starting point is 01:09:27 That's the job here. That's why this show exists. Until next time, watch out for each other. Question what you're told, and be careful what you let anyone, however righteous, pour into the glass of the law. History keeps the receipts.

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