Keepers of the Spirits: The Judicial Response to Prohibition Enforcement in Florida, 1885-1935

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Greenwood Publishing Group, 1998 - 160 頁


Drawn from research in the manuscript records of the federal judiciary and the court reports of the Florida Supreme Court, this book examines how state and federal judges responded to the enforcement of local, state, and national prohibition in Florida. Upholding these measures often resulted in governmental encroachment on civil liberties; consequently, judges found themselves positioned to determine the scope of the liquor laws. As they balanced the rights of individuals with the power of the state, Florida judges acted independently of public opinion and based their rulings on precedent and citation of authority. To present the fullest picture possible, this text, while focusing on the efforts of the judges to uphold the spirit and the letter of the various liquor laws, it also considers the views of individuals who violated prohibition.

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Local Option to National Prohibition 18851920
13
Concurrent Enforcement of the Liquor Laws 19051922
37
Prohibition and Privacy Rights 19211930
59
The Judicial Check on Property Forfeiture 19211930
85
National Prohibition to Local Option 19281935
109
Epilogue
135
Selected Bibliography
141
Index
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第 81 頁 - They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and SO far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.
第 85 頁 - But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death.
第 29 頁 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
第 106 頁 - The court upon conviction of the person so arrested shall order the liquor destroyed, and unless good cause to the contrary is shown by the owner, shall order a sale by public auction of the property seized...
第 106 頁 - Whenever a vessel or vehicle, or the owner or master, conductor, driver, or other person in charge thereof, has become subject to a penalty for violation of the customs-revenue laws of the United States, such vessel or vehicle shall be held for the payment of such penalty and may be seized and proceeded against summarily by libel to recover the same...
第 46 頁 - That the United States lacks the police power, and that this was reserved to the States by the tenth amendment, is true. But it Is none the less true that when the United States exerts any of the powers conferred upon it by the Constitution, no valid objection can be based upon the fact that such exercise may be attended by the same incidents which attend the exercise by a State of its police power, or that it may tend to accomplish a similar purpose.
第 60 頁 - Government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men.
第 72 頁 - It would be intolerable and unreasonable if a prohibition agent were authorized to stop every automobile on the chance of finding liquor and thus subject all persons lawfully using the highways to the inconvenience and indignity of such a search.

關於作者 (1998)

John Guthrie, Jr., was associate professor of history at Daytona Beach Community College. He holds a PhD from the University of Florida and is the coauthor of The Florida Land Boom: Speculation, Money, and the Banks (Quorum, 1995).

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