Within the early 1910s, some years earlier than Prohibition, a farmer walked into the put up workplace in Owensboro, Kentucky, to mail a vacation bundle to his son in Arkansas. It contained an assortment of Christmas treats, together with chewing tobacco, selfmade desserts and a few heat yarn socks. Into the field the farmer additionally slipped in a pint of “advantageous previous whiskey” figuring out his son’s fondness for Eggnog.
The postmaster inquired if there was any liquor within the bundle. The farmer mentioned, “no.” The postmaster knowledgeable him concerning the Webb-Kenyon Act, not too long ago 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 bundle, opened it, and located after which waggled aloft the bottle of offending whiskey. The farmer was arrested and given a summons for courtroom. 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quickly got here alongside and made the “transportation of liquor” unlawful for all and after 13 years it was lastly repealed.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 put up workplace, nevertheless, repeal by no means arrived—as anybody who has tried to legally ship a bottle of liquor via the mail effectively is aware of. FedEx and UPS can ship whiskey; your mailman can’t. It’s a kind of outmoded decrees from the previous that ignore industrial evolution, akin to regs that ban folks from saying dangerous phrases on broadcast tv however permits cursing on cable.
Efforts are actually 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 put up 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 Record 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 many who spent greater than $3 and claimed to be “the quickest shipper within the whiskey commerce!” Did your cargo arrive with just a few damaged bottles? No downside. “We’ll made good instantly as a result of we all know it’s best for you and for us.”
As you might need guessed, the mail-order liquor enterprise grew owing to 1 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, residence to the aforementioned Dan Lazarus Liquor Co., 66 of the state’s 75 counties had voted to go dry. What had been these residing in dry areas alleged 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 greatest practices. “The mail order enterprise got here into existence only some years in the past on account of the various states going dry,” famous one vendor on the 1916 conference, “and that quantity was growing at an amazing price.”
This type of commerce attracted discover from Congress, which quickly handed the Webb-Kenyon Act. The legislation was meant to handle that Buick-sized loophole for states and counties that banned liquor—particularly, that distributors from out of state might legally ship liquor wherever with out recourse as a result of the federal authorities—not the states—held oversight of interstate commerce. Native authorities might arrest somebody after they went to gather their cargo however couldn’t intercept the liquor when it was en route or arrived on the put up workplace.
The answer was as elegant because it was artful: merely redefine liquor. The courts had earlier decided that states might 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 identify: “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 position of the federal authorities to supervise interstate commerce. Congress wasn’t as fearful and overrode the veto. It turned legislation in 1913.
With their new powers, states amended their very own legal guidelines relating to transport. In Florida, for example, 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 personal use of [fill in the blank] and household.” Moreover, liquor might 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. In fact, the futility of implementing Prohibition helped end in Repeal 13 years later. However the ban on transport liquor through the U.S. Submit workplace persevered in a feral vogue, though the general public needed to be typically reminded of this.
A 1944 account reported the “distinctive odor of Kentucky bourbon” in a put up workplace the place “quite a few bottles of Christmas cheer had been damaged in dealing with.” Don’t do this, the put up workplace warned. “All alcoholic drinks are being confiscated and the names of senders are turned over to postal inspectors for investigation.”
Comparable reminders had been posted round holidays. In 1935, a postal bulletin reminded put up 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 many years, patterns of commerce have swiftly advanced—from retailers on Essential 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 trade created after Repeal to appease Prohibitionists, who needed extra separation between liquor producers and liquor drinkers. Nobody who made liquor might 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 menace to the center tier.
“Proposed laws to permit the U.S. Postal Service to deal with beverage alcohol is just not a protected or accountable answer to reply the present vital wants of the USPS,” mentioned 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 trade 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 might generate $180 million per yr for the company. It additionally argues that at a time when shoppers are more and more comfy ordering all the pieces on-line, that “direct-to-consumer transport serves as an essential complement to the standard three-tier system of beverage alcohol distribution,” as DISCUS president and CEO Chris Swonger wrote in a visitor essay for USA Right this moment final spring.
How this performs out stays to be seen. However in case you’re questioning what occurred to the Kentucky farmer who tried to mail his son a pint of whiskey, effectively, he prevented jail. Based on information accounts, he “unbosomed” himself of his dangerous deed to the decide, 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 courtroom.
The Kentucky decide, maybe moved by the farmer’s attraction to the state’s native tipple, let him stroll.