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National Prohibition Act (Volstead Act)

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Black and white photograph of a group of people dismantling a still at Pillsbury and Charles Streets in St. Paul, c.1925.

A group of people dismantling a still at Pillsbury and Charles Streets in St. Paul, c.1925.

Writers of the Eighteenth Amendment to the Constitution took a little more than one hundred words to prohibit the manufacture, sale, and transportation of alcoholic beverages. It fell to Minnesota Congressman Andrew Volstead to write the regulations and rules for enforcement. The twelve-thousand-word Volstead Act remained in effect for thirteen years, from 1920 until Prohibition was repealed in December 1933.

The Eighteenth Amendment required one year between ratification by the states and the beginning of enforcement. Congress needed that time to create the new law's specific regulations. Minnesota Congressman Andrew Volstead, as chairman of the House Judiciary Committee, was responsible for writing the National Prohibition Act, a law that became known as the Volstead Act. The stern-faced congressman from Granite Falls set out to moderate the strict philosophy of the amendment’s primary promoting group, the Anti-Saloon League. They and other unwavering prohibitionists had sought to prevent even one drop of alcohol from being sold.

Volstead struck a balanced approach between the spirit of the law and practical realities. His legislation continued the existing prescription of alcohol for medicinal purposes. It also allowed the brewing and sale of “near beer” with an alcoholic content of no more than one half of one percent, and the home manufacture of alcoholic, but “non-intoxicating,” fruit juice and cider. Volstead said that he put in as much alcohol as the Congress would stand for.

Prohibition as enforced by the Volstead Act transformed American streets, businesses, and social life. In Minnesota the streetscape had changed seven months earlier when the state legislature voted for full compliance with the War Prohibition Act that went into effect on July 1, 1919. In Little Falls, the town’s fourteen saloons closed overnight, with some of the dealers now selling soft drinks. In the Twin Cities, the Salvation Army turned some closed beer parlors into canteens for the entertainment of returned soldiers and sailors.

Go-getter businessmen quickly recognized the business opportunities in non-alcoholic beverages, ice cream sundaes, and sodas. In Willmar, ground was broken for a new inn in April 1920 with the owners promising a first-class refreshment parlor. C. B. Nelson of Turtle Lake added a soda fountain and ice cream stand to his pool hall in May 1920. Popular treats described in soda fountain trade journals included the Prohibition Sour, the Flapper Frappe, and the Independence Day Sundae. To take advantage of increasing sales of soft drinks, companies including the Minneapolis-based Brazilla created new fruit and cola flavors.

Minnesota breweries were significantly impacted. Many, such as the Kiewel Brewery in Little Falls, accommodated a variety of new enterprises while keeping their plants ready to convert back into active beer making should Prohibition be repealed. Kiewel used its former cold beer rooms to churn and keep ice cream. They also made legal, non-alcoholic malt beverages.

Not everyone in the general public supported the Volstead Act’s restrictions. Minnesota newspapers reported on local raids and the arrests of traveling bootleggers. One raid at the Preiss brewery in St. Cloud resulted in five arrests for brewing beer of more than 2.5 percent alcohol. At the Remmler plant in Red Wing, beer as high as 3 percent alcohol was found. Those tempted to make or consume home-brewed moonshine were confronted with front-page stories about people who had died from drinking bad booze with the empty bottles by their side.

Newspaper editorials in the Bemidji Daily Pioneer urged their readers to follow the Volstead Act laws. People who bought illegal alcoholic beverages or went to speakeasies, they warned, were as guilty as the bootleggers or moonshiners in promoting a destructive atmosphere of lawlessness.

Volstead’s mail reflected both approval and disapproval of the law that took his name. Letters praising the effects of saloon-free streets were counterbalanced by those that accused the congressman of taking bribes and overreaching. He received death threats. Volstead was narrowly reelected in the first election after Prohibition went into effect. He lost his bid for an eleventh term two years later in November 1922.

The Eighteenth Amendment and the Volstead Act were overturned when the states ratified the Twenty-First Amendment to the Constitution, which made alcoholic beverage policy a matter for each state.

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“Bootleggers Arrested.” Willmar Tribune, October 20, 1920.

“Dry Agents Seize Red Wing Brewery.” Little Falls Herald, July 15, 1921.

“Editorial.” Bemidji Daily Pioneer, November 25, 1921.

Eighmey, Rae Katherine. Soda Shop Salvation: Recipes and Stories from the Lighter Side of Prohibition. St. Paul: Minnesota Historical Society Press, 2013.

“Everybody Can Own a Ford Now.” Bemidji Daily Pioneer, February 21, 1922.

Merz, Charles. The Dry Decade. Seattle: University of Washington Press, 1970. Reprint of 1931 edition.

“Minnesota Saloons and Breweries Close Under War Mandate.” Bemidji Daily Pioneer, July 1, 1919.

“Moonshine Kills Husband and Father.” Warren Sheaf, August 30, 1922.

“Saloons Close—Have Eleventh Hour Rush.” Little Falls Herald, July 4, 1919.

“St. Cloud Brewery Raided.” Little Falls Herald, September 10, 1920.

“Volstead Put In As Much Booze As ‘Congress Would Stand For,’ He Admits.” Wilmer Tribune, October 27, 1920.

Related Images

Black and white photograph of a group of people dismantling a still at Pillsbury and Charles Streets in St. Paul, c.1925.
Black and white photograph of a group of people dismantling a still at Pillsbury and Charles Streets in St. Paul, c.1925.
Black and white photograph of police destroying an illegal alcohol still during Prohibition, 1925. Photographed by the St. Paul Daily News.
Black and white photograph of police destroying an illegal alcohol still during Prohibition, 1925. Photographed by the St. Paul Daily News.
Black and white photograph of people with bumper stickers advocate the repeal of the 18th Amendment (Prohibition), 1932.
Black and white photograph of people with bumper stickers advocate the repeal of the 18th Amendment (Prohibition), 1932.
Black and white photograph of Andrew J. Volstead, 1903.
Black and white photograph of Andrew J. Volstead, 1903.
Black and white photograph of two women arrested by federal agents for making moonshine near St. Paul, 1921. Photographed by the St. Paul Daily News.
Black and white photograph of two women arrested by federal agents for making moonshine near St. Paul, 1921. Photographed by the St. Paul Daily News.
Black and white photograph of a group of people dismantling a still at Pillsbury and Charles Streets in St. Paul, c.1925.
Black and white photograph of a group of people dismantling a still at Pillsbury and Charles Streets in St. Paul, c.1925.
Black and white photograph of Andrew J. Volstead, c.1933.
Black and white photograph of Andrew J. Volstead, c.1933.
Black and white photograph of two men breaking apart an illegal still,1940. Photographed by the Minneapolis Star Tribune.
Black and white photograph of two men breaking apart an illegal still,1940. Photographed by the Minneapolis Star Tribune.

Turning Point

Prohibition is ratified by the states in January 1919. Minnesota Congressman Andrew Volstead, as head of the House Judiciary Committee, becomes responsible for writing the law that will put the intent of the Eighteenth Amendment into practice.

Chronology

November 1902

Andrew Volstead is elected to his first term in the Minnesota Legislature. He represents the state’s Tenth District.

December 18, 1917

Having passed the U.S. House of Representatives, the text of the Eighteenth Amendment to the Constitution passes the U.S. Senate.

November 11, 1918

The United States and other nations sign an armistice with Germany, ending World War I.

November 18, 1918

Congress passes the temporary War Prohibition Act, a grain-conservation measure that stops sales of alcoholic beverages except for beer with 2.5% alcohol content.

January 16, 1919

Nebraska becomes the thirty-sixth state to ratify the Eighteenth Amendment, making it law.

January 17, 1919

The Minnesota Legislature ratifies the Eighteenth Amendment.

June 27, 1919

Volstead, now chairman of the House Judiciary Committee, introduces the Prohibition Enforcement Act into the U.S. Congress.

July 1, 1919

The War Prohibition Act goes into effect. Saloons close across Minnesota.

October 28, 1919

Congress passes the Volstead Act.

January 17, 1920

The Volstead Act goes into effect.

November 1920

After a difficult primary and campaign, Volstead is elected to his tenth term in office as Minnesota congressman for the state’s Tenth District.

November 1922

Congressman Volstead loses the election for what would have been his eleventh term. He works as a legal advisor to the National Prohibition Enforcement Bureau.

December 5, 1933

The Twenty-First Amendment to the Constitution is ratified. Legal sales of alcoholic beverages— except in those states that have voted to remain dry—resume after thirteen years of prohibition.

December 1933

Volstead continues to practice law from his Granite Falls office. Asked for an opinion on the eve of repeal, he says that he was just a bystander.

1934

National statistics show that during Prohibition there were more than a half a million arrests resulting in fines of nearly forty-one million dollars. For comparison, in 1922 a Ford roadster cost $319.