Within the early 1910s, some years earlier than Prohibition, a farmer walked into the publish workplace in Owensboro, Kentucky, to mail a vacation package deal to his son in Arkansas. It contained an assortment of Christmas treats, together with chewing tobacco, selfmade muffins and a few heat yarn socks. Into the field the farmer additionally slipped in a pint of “advantageous previous whiskey” realizing his son’s fondness for Eggnog.
The postmaster inquired if there was any liquor within the package deal. The farmer stated, “no.” The postmaster knowledgeable him in regards to the Webb-Kenyon Act, lately handed by Congress, that made it a criminal offense to ship to booze to a dry nation, which included the one through which his son resided. The farmer repeated reply.
Out of the shadows stepped one of many unheralded villains of the final century: the postal inspector. He pointed to the package deal, opened it, and located after which waggled aloft the bottle of offending whiskey. The farmer was arrested and given a summons for court docket. He confronted 60 days in jail and a advantageous of as much as $500.
Prohibition quickly got here alongside and made the “transportation of liquor” unlawful for all and after 13 years it was lastly repealed. For the publish workplace, nonetheless, repeal by no means arrived—as anybody who has tried to legally ship a bottle of liquor by means of the mail properly is aware of. FedEx and UPS can ship whiskey; your mailman can not. It’s a type of outmoded decrees from the previous that ignore industrial evolution, akin to regs that ban individuals from saying dangerous phrases on broadcast tv however permits cursing on cable.
Efforts at the moment are underway to deliver repeal to the U.S. Postal Service. Final Might, H.R. 3287 was launched into the U.S. Home of Representatives. It was to amend the federal code to permit the postal service “the authority to mail alcoholic drinks.” This invoice—since stalled in committee—goals to let the publish workplace meet up with the modern world with all its newfangled “internet ordering” and “liquor delivery.”
Given the long-standing prohibition towards transport liquor, it might come as a shock to study that ordering liquor by mail was as soon as commonplace.
“The Most Full Liquor Value Checklist Ever Issued by a Mail Order Liquor Home within the South,” boasted one 1913 advert for the Dan Lazarus Liquor Co. in Little Rock, Arkansas. The retailer provided free transport for individuals who spent greater than $3 and claimed to be “the quickest shipper within the whiskey commerce!” Did your cargo arrive with a couple of damaged bottles? No downside. “We are going to made good instantly as a result of we all know it’s best for you and for us.”
As you may need guessed, the mail-order liquor enterprise grew owing to at least one motive: the swelling variety of dry counties and states. Between 1907 and 1909, 5 states went dry, and a far bigger variety of counties voted to ban liquor gross sales. In Arkansas, dwelling to the aforementioned Dan Lazarus Liquor Co., 66 of the state’s 75 counties had voted to go dry. What have been these dwelling in dry areas presupposed to do? Order by mail, naturally.
The Nationwide Affiliation of Mail Order Liquor Sellers was shaped early within the century and it hosted annual conventions to check notes and finest practices. “The mail order enterprise got here into existence just a few years in the past because of the various states going dry,” famous one vendor on the 1916 conference, “and that quantity was growing at an amazing fee.”
This type of commerce attracted discover from Congress, which quickly handed the Webb-Kenyon Act. The legislation was meant to deal with that Buick-sized loophole for states and counties that banned liquor—specifically, that distributors from out of state may legally ship liquor anyplace with out recourse as a result of the federal authorities—not the states—held oversight of interstate commerce. Native authorities may arrest somebody after they went to gather their cargo however couldn’t intercept the liquor when it was en route or arrived on the publish workplace.
The answer was as elegant because it was artful: merely redefine liquor. The courts had earlier decided that states may implement bans on interstate shipments of “issues inherently injurious to well being or security, or things-inherently fraudulent or immoral.” So alongside got here Webb-Kenyon, which tipped its hand in its official title: “an act divesting intoxicating liquors of their interstate character in sure instances.”
Webb-Kenyon was vetoed by President William Howard Taft on the recommendation of his legal professional basic, who feared the legislation would erode the constitutionally endowed function of the federal authorities to supervise interstate commerce. Congress wasn’t as fearful and overrode the veto. It grew to become legislation in 1913.
With their new powers, states amended their very own legal guidelines relating to transport. In Florida, as an illustration, 1914 legal guidelines mandated that these transport liquor to moist counties should use containers plainly marked as containing liquor with a label stating each the amount and high quality of the hooch, together with the written notation: “Supposed just for the non-public use of [fill in the blank] and household.” Moreover, liquor may solely be delivered throughout daylight and on weekdays.
The legislation was challenged within the courts, as Taft and his allies anticipated. However few anticipated that in 1917 the U.S. Supreme Court docket would uphold the legislation. That ruling helped create momentum for a constitutional modification banning “the manufacture, sale, or transportation of intoxicating liquors” nationally, which was ratified in January 1919.
The 18th modification and Prohibition rendered moot Webb-Kenyon and state legal guidelines governing liquor shipments. After all, the futility of imposing Prohibition helped end in Repeal 13 years later. However the ban on transport liquor through the U.S. Submit workplace continued in a feral style, though the general public needed to be usually reminded of this.
A 1944 account reported the “distinctive odor of Kentucky bourbon” in a publish workplace the place “numerous bottles of Christmas cheer had been damaged in dealing with.” Don’t try this, the publish workplace warned. “All alcoholic drinks are being confiscated and the names of senders are turned over to postal inspectors for investigation.”
Comparable reminders have been posted round holidays. In 1935, a postal bulletin reminded publish masters that “intoxicating liquors are unmailable,” and that “liquors discovered within the mails are topic to confiscation and the mailers are liable to heavy penalties.”
In current a long time, patterns of commerce have swiftly advanced—from outlets on Foremost Avenue to catalog gross sales to huge field shops to Amazon Prime. But all through all of it, liquor has been banned from the mail for the reason that 1910s.
Largely, that is owing to the steadfast and efficient opposition of liquor wholesalers—an business created after Repeal to appease Prohibitionists, who needed extra separation between liquor producers and liquor drinkers. Nobody who made liquor may promote it on to liquor shops or bars—it needed to first undergo a distributor. Any erosion of the “three-tier” system—that’s, allowing direct gross sales by mail—is an existential risk to the center tier.
“Proposed laws to permit the U.S. Postal Service to deal with beverage alcohol is solely not a protected or accountable resolution to reply the present vital wants of the USPS,” stated the CEO and president of the Wine & Spirits Wholesalers of America (WSWA) Michelle Korsmo final spring in opposing efforts to open the mail, citing the potential for underage ordering and avoidance of taxes.
Not all within the business agree. The Distilled Spirits Council of the U.S. (DISCUS), the nation’s largest liquor commerce group, sees “a golden alternative to assist the struggling USPS,” and estimates that opening mailboxes to hooch may generate $180 million per yr for the company. It additionally argues that at a time when shoppers are more and more snug ordering all the things on-line, that “direct-to-consumer transport serves as an essential complement to the normal three-tier system of beverage alcohol distribution,” as DISCUS president and CEO Chris Swonger wrote in a visitor essay for USA In the present day final spring.
How this performs out stays to be seen. However if you happen to’re questioning what occurred to the Kentucky farmer who tried to mail his son a pint of whiskey, properly, he averted jail. Based on information accounts, he “unbosomed” himself of his dangerous deed to the choose, defined woefully that he solely needed to assist his son get a few of that good Kentucky whiskey unavailable in Arkansas and threw himself on the mercy of the court docket.
The Kentucky choose, maybe moved by the farmer’s enchantment to the state’s native tipple, let him stroll.
https://www.thedailybeast.com/return-to-sender-the-saga-of-the-us-post-office-and-booze?supply=articles&through=rss | Return to Sender The Saga of the U.S. Submit Workplace & Booze