7/13/2006:
The day North Dakota entered statehood must have been a sober one considering it entered as a dry state. But, not everyone chose to obey North Dakota’s early prohibition laws. Illegal drinking establishments, also known as “blind pigs” and bootlegging were common in North Dakota’s earliest years. On this day in 1893, the city of Wahpeton held its first court case on prohibition. Five people were cited with nine indictments for the violation of prohibition laws, leading to one arrest. The others who were indicted fled the country before warrants were issued for their arrest.
At this time, the prohibition laws were still premature. The ease with which one could get around these laws seemed to be a problem. At the Wahpeton trial, for example, fifty-five witnesses were examined. Many of those witnesses reluctantly testified, while many others disclaimed ever having knowledge of the violations of liquor laws. “It seemed strange,” reported the North Dakota Globe, “that men who had been seen intoxicated time after time should testify that they only drank “hop tea” or “malt” or “tonic”: many testified they didn’t know what it was they drank.”
The case in Wahpeton was just one of many in the state of North Dakota, since the Prohibition Law first went into effect on July 1, 1890. This law prohibited the sale or consumption of “all spirituous, malt, vinous, fermented or other intoxicating liquors or mixtures thereof, by whatever name called, that will produce intoxication.” The definition was amended in 1895 to include all beverages with more than two percent alcohol. The laws did allow licensed pharmacists to sell alcohol for medicinal or sacramental purposes, among others. The consumption of alcohol for personal uses, however, was strictly prohibited.
Yet, there were loopholes, and those who were not willing to give up their liquor found them. At that time, the state of Minnesota was a wet state. The bordering Minnesota towns of Moorhead, Breckenridge, and East Grand Forks, then, became a haven for dealers in beer and liquor. This was noted by the July 20, 1893 edition of the Richardton County Gazette. There it was reported that many bootleggers were fleeing for the wet state of Minnesota. Many went there just to drink, while others went there to open business. Those who didn’t want to do either took advantage of a loophole that allowed the importation of alcohol. These loopholes kept some North Dakotans “wet” until 1915 when a new law dried up the three Minnesota towns.
With these loopholes, it became difficult to enforce the Prohibition laws. Following the Wahpeton trial, Attorney General W.H. Standish wrote a letter calling for help from citizens to stop bootleggers. Citizen’s arrest was now encouraged. Standish informed North Dakotans that action must be immediate and does not require a state’s attorney or any one else: “In such cases [that violation of prohibition laws are witnessed] any citizen who mistrusts these parties should...at once seize and arrest them and take them to the nearest constable or justice and follow to the justice and swear out a complaint and give evidence.”
Though the state called on its citizens to take an active part in stopping the spread of bootlegging and blind pigs, the problem remained. In March of 1903, an act was passed that established an award for the arrest and conviction of prohibition violators. The act stated that “the sum of fifty dollars shall be paid to any person or persons for the arrest and conviction of each and every person who violates any of the provisions of [the Prohibition Laws].”
This act helped lead to the establishment of a new company in South Dakota. The Park River Gazette-News reported on July 24, 1903 that a company in South Dakota was organizing to rid North Dakota of its blind pigs. One member of the company calculated that more than $100,000 could be gained through the act. This number was based on records showing that 1,000 of the 1,500 licensed pharmacists in North Dakota were operating illegally.
Other organizations were also involved in enforcing the laws. Among them were the Women’s Christian Temperance Union, the International Order of Good Templars, and the Enforcement League. This was just the beginning of the battle over Prohibition, a battle that turned national in 1920 and continued through 1933.
By Tessa Sandstrom
Sources:
“Baffling Bootleggers.” North Dakota Globe. July 27, 1893: 2.
Richland County Gazette. July 20, 1893: 1.
Richland County Gazette. July 14, 1893: 1, 4.
Lounsberry, Clement. Early History of North Dakota: Outlines of American History. Liberty Press: Washington, D.C., 1919: 470-482.
The Park River Gazette-News. July 24, 1903: 4.
Laws of Legislative Assembly of North Dakota, 1903.
Revised Codes of North Dakota, 1895, 1899, 1905.