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Bureau of Prohibition

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Bureau of Prohibition
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Agency overview
Formed1920
Preceding agency
  • Agency established
Dissolved1933 (1933)
Superseding agencyAlcohol Tax Unit
Legal personalityGovernmental: Government agency
Jurisdictional structure
Operations jurisdictionUnited States
Legal jurisdictionAs per operations jurisdiction
Operational structure
Overseen by
HeadquartersWashington, D.C.

The Bureau of Prohibition (or Prohibition Unit) was the United States federal law enforcement agency formed to enforce the National Prohibition Act of 1919, commonly known as the Volstead Act, which enforced the 18th Amendment to the United States Constitution regarding the prohibition of the manufacture, sale, and transportation of alcoholic beverages. When it was first established in 1920, it was a unit of the Bureau of Internal Revenue. On April 1, 1927, it became an independent entity within the Department of the Treasury, changing its name from the Prohibition Unit to the Bureau of Prohibition.[1] In 1930, it became part of the Department of Justice.[2][3] By 1933, with the repeal of Prohibition imminent, it was briefly absorbed into the Federal Bureau of Investigation (FBI), or "Bureau of Investigation" as it was then called, and became the Bureau's "Alcohol Beverage Unit," though, for practical purposes it continued to operate as a separate agency. Very shortly after that, once repeal became a reality, and the only federal laws regarding alcoholic beverages being their taxation, it was switched back to Treasury, where it was renamed the Alcohol Tax Unit.

Agents of the Bureau were commonly referred to by members of the public and the press of the day as "Dry Agents."[4]

Mission

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The Bureau of Prohibition's main function was to stop the sale and consumption of alcohol. Agents would be tasked with eliminating illegal bootlegging rings, and became notorious in cities like New York and Chicago for raiding popular nightclubs. Agents were often paid low wages, and the Bureau was notorious for allowing many uncertified people to become agents. Doing so strengthened the bureau, as they were able to hire agents in greater numbers. In 1929, the Increased Penalties Act or Jones Law was passed. The Jones Law increased penalties for violations previously set in the Volstead Act. First time offenders were now expected to serve a maximum of five years and a $10,000 fine as opposed to the previous six months and $1,000 fine. This strengthened animosity toward Prohibition agents, as many of them (such as Major Maurice Campbell, Prohibition administrator of New York City), were already hated for their raids on popular clubs frequented by New York City's elite.

Prohibition agents destroying barrels of alcohol, c. 1921

Famous agents

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Its investigators were called prohibition agents, or more colloquially 'Prohis' /ˈproʊhiː/. Its most famous agent was Eliot Ness. Some of the other famous lawmen who, at some point, carried a Prohi's badge include former Texas Ranger Frank Hamer, full-blooded Cherokee Tom Threepersons, James L. "Lone Wolf" Asher, Chicagoan Pat Roche, and Richard James "Two-Gun" Hart, the eldest brother of Al Capone, who had lost communication with his family at age 16, after fleeing New York City, following a gang brawl.[5]

The two-agent team of Isidor "Izzy" Einstein and Moe Smith, working out of the New York City office, compiled the best arrest record in the history of the agency. Izzy and Moe, as they would later be called, had 4,932 arrests while confiscating over five million bottles of alcohol. The duo would disguise themselves as street vendors, fishermen and many other undercover roles. Both investigators were also able to speak multiple languages, and this skill was also helpful when they were working undercover. The first woman agent was Georgia Hopley.[6]

The Untouchables

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The Untouchables, overseen by northwest district supervisor Malachi Harney, were by far the most famous group of prohibition agents, because they were tasked with capturing infamous gangster Al Capone. They earned their nickname after members of the Chicago Outfit repeatedly failed to bribe or intimidate them, proving they were not as easily corrupted as other prohibition agents. Through their efforts, Capone was indicted on 5000 separate counts of conspiracy to violate the National Prohibition Act, though it was ultimately decided not to bring these charges to trial, but rather to concentrate on income tax violations. Nevertheless, the Untouchables gained national acclaim, in particular, Eliot Ness, who ran the group.[7]: 317–331, 349–365, 385–421, 493–496 

Fallen Officers

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Department of the Treasury[8]

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  • Agent Roy Walter Shafer. June 30, 1930. Automobile crash.
  • Agent Posie Lester Flinchum. June 17, 1930. Gunfire.
  • Agent Albert Lewis Brown. June 9, 1930. Gunfire.
  • Agent Lamar Watson York. April 12, 1930. Gunfire.
  • Agent Robert D. Freeman. February 8, 1930. Gunfire.
  • Agent Franklin R. Patterson. January 18, 1930. Gunfire.
  • Agent Robert Knox Moncure. January 18, 1930. Gunfire.
  • Agent Louis McClymonds Davies, Jr. January 14, 1930. Gunfire.
  • Agent Otto P. Butler. December 10, 1929. Gunfire.
  • Agent Carl Louis Rehm. October 16, 1929. Automobile crash
  • Agent Charles F. Stevens. September 25, 1929. Gunfire.
  • Agent Arthur Alvin Zimmerman. August 11, 1929. Struck by vehicle.
  • Agent Richard J. Sandlands. August 2, 1929. Assault.
  • Agent Charles Foster Cooley, Jr. July 30, 1929. Automobile crash.
  • Agent George A. Droz. Friday, July 12, 1929. Accidental.
  • Agent Lawrence A. Mommer. June 27, 1929. Vehicle pursuit.
  • Agent Dano M. Jackley. May 14, 1929. Vehicle pursuit.
  • Agent Charles F. Alexander. January 2, 1929. Heart attack.
  • Agent Patrick Cleburne Sharp. December 5, 1928. Exposure to toxins.
  • Storekeeper-Gauger Francis Joseph Sears. October 28, 1928. Explosion
  • Agent John Nicola. October 4, 1928. Vehicle pursuit.
  • Agent Ludwig P. Johnsen. July 28, 1928. Gunfire (Inadvertent).
  • Agent Irving Washburn. July 13, 1928. Gunfire.
  • Agent Warren C. Frahm. June 18, 1928. Vehicle pursuit.
  • Agent James C. Capen. May 10, 1928. Gunfire.
  • Agent Joseph Allen Purvis. March 30, 1928. Automobile crash.
  • Agent Oscar C. Hanson. March 28, 1928. Struck by train.
  • Agent Walter Red Tolbert. February 22, 1928. Gunfire.
  • Agent Wesley Allen Fraser. January 2, 1928. Gunfire.
  • Agent Thomas J. Corridan. November 14, 1927. Automobile crash.
  • Agent Hunter Rizer Stotler. July 26, 1927. Gunfire.
  • Agent George Nantz, Jr. July 20, 1927. Gunfire.
  • Agent Major A. Hart. July 16, 1927. Automobile crash.
  • Agent William Thomas Lewis. July 15, 1927. Gunfire.
  • Agent Charles C. Rouse. June 12, 1927. Gunfire.
  • Agent Charles Bintliff. May 13, 1927. Gunfire.

Department of Justice[9]

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  • Special Agent Herbert R. Johnson. May 21, 1934. Fall.
  • Special Agent Parker Hittinger Hall. February 3, 1934. Automobile crash.
  • Special Agent Herman Sutton Barbrey. January 5, 1934. Gunfire.
  • Special Agent Paul Albro Read. July 21, 1933. Gunfire.
  • Special Agent Harry Hampton Elliott. June 22, 1933. Gunfire.
  • Special Agent Leroy Richard Wood. April 16, 1933. Gunfire.
  • Special Agent Leonard Agnew Welty. Thursday, April 13, 1933. Fall
  • Special Agent William Smith Grubb. March 31, 1933. Vehicular assault.
  • Special Agent Levi Gladstone Trexler. March 31, 1933. Vehicle pursuit.
  • Special Agent Arthur James Sanderson. December 29, 1932. Automobile crash.
  • Special Agent William Theodore "Teddie" Balding. November 16, 1932. Automobile crash.
  • Special Agent Chester Arthur Mason. November 12, 1932. Gunfire.
  • Special Agent Frank Allen Mather. October 15, 1932. Gunfire (Inadvertent).
  • Special Agent Ernest B. Vlasich. October 14, 1932. Gunfire.
  • Agent Howard Brooke Oursler. Wednesday, October 12, 1932. Gunfire.
  • Special Agent Ballard White Turner. September 29, 1932. Gunfire.
  • Special Agent James G. Harney. September 23, 1932. Gunfire.
  • Special Agent Eugene Jackson. July 31, 1932. Gunfire.
  • Special Agent Jack Elmer Kenford. June 14, 1932. Explosion.
  • Agent Henry Harrison Jackson. Sunday, April 17, 1932. Gunfire.
  • Special Agent Eugene Joseph Pearce. February 9, 1932. Gunfire (Inadvertent).
  • Special Agent Robert Mansfield Buck. February 1, 1932. Gunfire.
  • Special Agent Lindsly P. Bulnes. Saturday, January 23, 1932. Automobile crash.
  • Special Agent George V. Trabing. Gunfire (Inadvertent).
  • Special Agent Walter T. Creviston. July 30, 1931. Heatstroke
  • Special Agent Raymond L. Ezzell. July 27, 1931. Gunfire.
  • Special Agent Walter M. Gilbert. July 22, 1931. Gunfire.
  • Special Agent John Irwin Wilson. July 22, 1931. Gunfire.
  • Special Agent Curtis C. Burks. July 22, 1931. Gunfire.
  • Special Agent Holmer L. Everett. May 2, 1931. Gunfire.
  • Special Agent Asa Hawkins. Saturday, December 20, 1930. Gunfire.
  • Special Agent Mack Carroll Parsons. September 20, 1930. Vehicle pursuit.
  • Special Agent John G. Finiello. September 19, 1930. Gunfire.
  • Special Agent Zaccheus Raymond Sutton. August 28, 1930. Gunfire.
  • Special Agent Dale F. Kearney. July 6, 1930. Gunfire.

Corruption and public opinion

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Despite their mandate to stop consumption of alcohol, many prohibition agents reportedly accepted bribes in exchange for ignoring illegal trade in liquor, which has been ascribed, in part, to their relatively low wages. It was rumored that many agents imbibed the alcohol which they were responsible for confiscating. The public perception of Bureau agents was not favorable. Some prohibition agents became notorious for killing innocent civilians and harassing minor bootleggers, while ignoring gangsters and their rich customers.[7]: 69, 96–98 

Bureau of Alcohol, Tobacco, and Firearms

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Main article: Bureau of Alcohol, Tobacco, Firearms and Explosives

On July 1, 1930, the Prohibition Bureau was transferred from the Treasury Department to the Department of Justice. Early in 1933, as part of the Franklin D. Roosevelt-sponsored Omnibus Crime Bill, the Prohibition Bureau was briefly absorbed into the Federal Bureau of Investigation (FBI), or Division of Investigation as the agency was then called. At this point, it became the Alcohol Beverage Unit. Though part of the FBI on paper, J. Edgar Hoover, who wanted to avoid liquor enforcement and the taint of corruption that was attached to it, continued to operate it as a separate, autonomous agency in practice.

Following the repeal of Prohibition in December 1933, the Alcohol Beverage Unit was removed from the FBI and the Justice Department, and returned to Treasury, where, coming full circle, it became the Alcohol Tax Unit of the IRS, ultimately evolving into the Bureau of Alcohol, Tobacco, and Firearms, or ATF. The present-day ATF deals mostly against illegal firearms, explosives and conducts arson investigations.

In the wake of the September 11, 2001 terrorist attacks, President George W. Bush signed into law the Homeland Security Act of 2002. In addition to the creation of the Department of Homeland Security, the law shifted the ATF from the Department of the Treasury to the Department of Justice. The agency's name was changed to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or BATFE; however, it continues to be referred to as the ATF.

The task of collecting federal tax revenue derived from the production of tobacco and alcohol products and the regulatory function related to protecting the public in issues related to the production of alcohol, previously handled by the ATF and the IRS, was transferred to the newly established Alcohol and Tobacco Tax and Trade Bureau (TTB), which remained within the Treasury Department. These changes took effect January 24, 2003.

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See also

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References

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  1. ^ "Treasury Department Reorganization Plan of 1927 - P.L. 69-751" (PDF). 44 Stat. 1381 ~ House Bill 10729. Legis★Works. March 3, 1927. Archived from the original (PDF) on November 21, 2015. Retrieved January 22, 2018.
  2. ^ "Prohibition Reorganization Act of 1930 - P.L. 71-273" (PDF). 46 Stat. 427 ~ House Bill 85741. Legis★Works. May 27, 1930. Archived from the original (PDF) on November 20, 2015. Retrieved January 22, 2018.
  3. ^ Peters, Gerhard; Woolley, John T. "Herbert Hoover: "The President's News Conference," May 27, 1930". The American Presidency Project. University of California - Santa Barbara. Archived from the original on January 23, 2018. Retrieved January 22, 2018.
  4. ^ "18th Amendment 1919 (National Prohibition Act) | Bureau of Alcohol, Tobacco, Firearms and Explosives". www.atf.gov. Retrieved 2024-08-15.
  5. ^ "‘Two-Gun’ Hart: The Prohibition Cowboy", by R.K. DeArment, History.net. Retrieved August 24, 2019.
  6. ^ "Prohibition Agent Georgia Hopley | Bureau of Alcohol, Tobacco, Firearms and Explosives". www.atf.gov.
  7. ^ a b Collins, Max Allan; Schwartz, A. Brad (2018). Scarface and the Untouchable: Al Capone, Eliot Ness, and the Battle for Chicago (1st ed.). New York: William Morrow. ISBN 978-0-06-244194-2.
  8. ^ "United States Department of the Treasury - Internal Revenue Service - Bureau of Prohibition, US". The Officer Down Memorial Page (ODMP). Retrieved 2024-08-17.
  9. ^ "United States Department of Justice - Bureau of Prohibition, US". The Officer Down Memorial Page (ODMP). Retrieved 2024-08-17.
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