Gambling and Prostitution

1890 Photo of Guthrie looking southeast from 2nd Street and Oklahoma toward the U. S. Land Office, Hell’s Half Acre, Capitol Hotel, and Blue Belle Saloon. Believed to be a 4th of July parade. http://www.forensicgenealogy.info/contest_5_results.html

Police docket records for the first decade of existence for Guthrie (Logan County, Oklahoma Territory) reveal that government operations depended heavily on fines levied against prostitutes, those who maintained houses of gambling, and those who disturbed the peace by cursing, fighting, loitering, or other minor offenses. Taxes and licenses supplemented the city’s income. Major crimes such as murder fell under the jurisdiction of the federal court at Fort Smith.

Despite the heavy and persistent fines, gambling and prostitution flourished in this new frontier town. As shown in the following yearly summary of offenses, these activities tapered off slowly. By 1900, less than a third of the number of fines were levied against gamblers and prostitutes than had occurred in the peak year of 1893.

As the city gained its footing, additional laws were passed. For example, in 1891 fines were instituted for failure to license a dog, suggesting that dogs running loose had become a problem. With a continuing influx of people from other more settled places around the nation, greater pressure fell upon town fathers to clean up. Hogs and cattle became the subject of complaints as did the proper maintenance of outdoor privies. However, even by 1900, the number of arrests by Guthrie police for prostitution and gambling still topped any other offense.

As other sections of the former Indian Nations (Oklahoma) opened to white settlement, the front lines of gamblers and prostitutes moved to the newest places where largely male populations could be counted on as eager customers. Further west, mining of precious metals in California, Colorado, Arizona, New Mexico, and other areas formed the last frontier of rough and ready places where gamblers and ladies of the night could earn a profitable income.

At the time, journalist Frederick Barde reported on the gambling scene at Guthrie for the Kansas City Star, as recorded by Michael J. Hightower in his 2013 book Banking in Oklahoma Before Statehood:

Those who made it to Guthrie with their wallets intact might have visited the Reeves brothers’ gambling house operated by Dick and Bill Reeves. Opened on the day of the Run of ’89 in a big tent “where there was room enough for 1,500 men and women to gamble and drink and carouse,” the Reeves brothers ran their business in Guthrie for twenty years. Barde’s description of the famed honky-tonk confirms an image of the western saloon that has never yielded its place in our collective memory: “Gamblers from every State tackled the game that ran night and day in that sleepless place. Hundreds of thousands of dollars passed over its tables. The six-shooter and the dirk settled many a dispute, and the dead man was hauled away and the blood scrubbed from the floor as part of the day’s business. Outlaw gangs that infested Oklahoma in those days risked their loot against the faro bank and the roulette wheel—and usually lost.”[1]

As late as 1898, the situation in Guthrie continued to outrage the city’s more upstanding citizenry, as reflected in this editorial in the Guthrie Daily Leader.

Why is not some action taken toward driving out the hundreds of tramps, bums and tinhorn gamblers that infest the city? The streets and alleys fairly swarm with such vermin and with our present small police force the city is not safe. I hear daily of petty thieving done by this gentry. Such characters do a town no good and I think it high time to begin a crusade. Every night the joints on Second street are crowded with bums, who, after the lights go out, enter on a campaign of larceny. If the evil cannot be checked in any other way, then close the joints.[2]

Oklahoma Avenue 1893 Guthrie

Laws passed in 1893 in Oklahoma Territory allowed cities to levy an occupation tax on gaming tables, among many other activities including but not limited to auctioneers, contractors, druggists, restaurants, butchers, taverns, hawkers, peddlers, bankers, brokers, pawnbrokers, merchants of all kinds, grocers, wagons, carts, furniture dealers, real estate agents, and all kinds of exhibitions for pay.[3] The same 1893 law allowed cities to prohibit houses of gambling as well as prostitution, tippling shops, billiard tables, bowling alleys, etc., and specifically prohibits the granting of license for gambling or prostitution.[4] Observers might conclude that Guthrie’s town fathers deemed these activities too lucrative to completely banish, allowing gambling and prostitution to flourish in order to make the most of the fines they produced.

Also passed that year, a law stated that any officer of the law found to be drinking or gambling could be removed from office upon complaint by any citizen. This law may have been the cause of Bill Tilghman’s sudden change of career. After being appointed deputy marshal in Spring 1893, he gave up ownership of his gambling house.[5] Yet these stringent laws, including those that penalized property owners if their tenants pursued any such forbidden activities, seem to have been largely ignored by boom towns of those lawless years, as Guthrie’s police docket reveals.

Guthrie’s first decade of arrests were as follows:

1889 May thru Dec

Trespass 9

Trespass/Stealing 28

Assault/Fighting 8

Disturb Peace 14

Public Intoxication 1

Conduct Business w/o License 4

Fake Credentials 1 (doctor)

Maintain a House of Gambling 1 (Fine 10.00)

Maintain a Place for Prostitution 2 & Prostitution 46 (Range of fines: 8.50 – 36.00)

1890

Trespass 2

Assault/Fighting: 13

Failure to Pay Business Tax 7

Sell Beverage w/o License 1

Profane Language 6

Disturb Peace 5

Firearm 3

Public Intoxication 13

Maintain Public Nuisance 1

Maintain a House of Gambling 25 (Average fines: 10.75)

Maintain a Place for Prostitution 9 & Prostitution 43 (Average fine: 7.50)

1891

Assault 16 – 1 pitchfork, 1 w/ hoe

Disturb Peace/Fighting/Profanity 128

Discharge Firearm 3

Public Intoxication 30

Failure to Pay Business Tax 9

Maintain a House of Gambling 120 (Range of fines: 15.00 – 35.00)

Maintain a Place for Prostitution 9

Prostitution 148 (Range of fines: 7.50 – 10.00)

Unusual: Unregistered dog: 3

On Street w/o visible means of support 1

Left on ground exposed cow 1

Saloon open on Sunday or after hours: 3

1892

Assault 7

Disturb Peace/Fighting 156

Public Intoxication 52

Failure to Pay Business Tax 14

Maintain Public Nuisance 2 (one charge for hogs)

Maintain a House of Gambling 142 (Range of fines: 10.00 – 40.00)

Prostitution 202 (Range of fines: 7.50 – 10.00)

Unusual: Frequently found in house of prostitution, fined 46.55

Business open earlier than 5 am

Indecent exposure

Not burying dead pony

1893

Assault/Fighting 50

Disturb Peace 244 (many charges for “bad language”)

Loiter/Vagrant 24

Public Intoxication 84

Maintain a House of Gambling 29 (Range of fines: 8.50 – 40.00) (No arrests after March)

Prostitution 337 (Average fine: 10.15 – 13.65)

Unusual: Riding horse on sidewalk

Keep hogs in filthy condition

1894

Assault/Fighting 25

Disturb Peace 96

Loiter/Vagrant 6

Public Intoxication 93

Maintain a House of Gambling 1 arrest* (16.65 only recorded charge/fine, June)

Prostitution 270 (Average fine: 10.15 – 13.65)

(Terms used in booking: Place of Assignation, Bawdy House, Keeper, Inmate, House of Ill Fame)

Unusual: Allow horses to run at large

Carry on sexual intercourse at Arlington Hotel

Slaughter animals

Dress not belonging to his sex

* Mysteriously, arrests for gambling ceased entirely from April 1893 throughout 1894 and remained at a low rate in 1895.

1895

Assault 22

Disturb Peace 62

Loiter/Vagrant 16

Assault/Fighting 22

Public Intoxication 160

Maintain a House of Gambling 35 (Average fine: 16.65 – 31.65)

Prostitution 219 (Average fine: 11.65 – 31.65)

(Includes “occupy room for unlawful sexual activity”; “use room in restaurant for assignation”)

Unusual: Appear on street in lewd manner

Garbage in streets and alley

Allow cow to run at large

Hogs in city

Cow in dirty pen

Fail to close saloon at 12 a.m.

Group assault on John ‘Chinaman’

1896

Assault 30

Disturb Peace 77

Loiter/Vagrant 1

Public Intoxication 66

Maintain a House of Gambling 52 (Average fine: 16.65 – 31.65

Prostitution 152 (Average fine: 11.65 – 31.65)

Unusual: Leaving team of horses unattended

Keep meat market open after 9 a.m. Sunday

1897

Assault/Fighting 23

Disturb Peace 95

Loiter/Vagrant 27

Public Intoxication 147

Maintain a House of Gambling 61

Prostitution 207 (Three women filed physician certificates, assumed to verify state of health); arrests for cohabitation: 23

Unusual: Appear on street in unbecoming dress (female)

1898

Assault/Fighting 21

Disturb Peace 78

Loiter/Vagrant 30

Public Intoxication 95

Maintain a House of Gambling 41

Prostitution 169 (Cohabit: 36)

Unusual: Remove contents of privy without license

Sale of liquor on Sunday

1899

Assault/Fighting 34

Disturb Peace 55

Loiter/Vagrant 32

Public Intoxication 181

Maintain a House of Gambling 64 (Average fine $40)

Prostitution 136 (Cohabit: 28) (Average fine $10)

Unusual: Maintain filthy condition injurious to public health

Overflowing privy vault

Steal 27 hen’s eggs

1900

Assault/Fighting 30

Disturb Peace 73

Loiter/Vagrant 14

Public Intoxication 243

Maintain a House of Gambling 33

Prostitution 142

Unusual: Giving musical concert on the street without a license

~~~

[1] Hightower, Michael J. Banking in Oklahoma Before Statehood. University of Oklahoma Press, 2013. 198  For more on Barde, see http://www.okhistory.org/publications/enc/entry.php?entry=BA019

[2] “Protest Against Bums,” The Guthrie Daily Leader (Guthrie, Oklahoma). March 3, 1898. 4

[3] The Compiled Laws of Oklahoma, 1909. Vol. I. Piper-Reed Book Company, 1909. Chapter 14, Article  3, Section 681

[4] Ibid, Section 683

[5] Ibid, Article 6, Section 753

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Same Old

ditch copy

Creek another thirty feet down on the right.

Oh, the wringing of hands as the State of Arkansas once again tries to cough up more money for prisons. One of the poorest states in the nation, Arkansas struggles to pay for schools and roads. But those programs are optional. Prisons are not.

That is, you see, because we must punish Crime.

Thus comes the grand news that Arkansas ranks third in the nation in prison population growth. Not only are prisons stuffed, so are the county jails where duly convicted criminals await prison space. Not only are all lockups in the state overflowing, we’ve now exported hundreds of prisoners to Texas where their for-profit system takes all the money we want to send them.

Most recently, the genius that is the current state legislature has passed a law wherein persons on probation or parole can be stopped and searched not only by parole/probation officers but also by any other law enforcement officer. The arguably reasonable rationale behind this law is that a would-be burglar might be gently nudged along a path of righteousness with more authority figures looking over his shoulder.

They actually believe this will reduce the prison population. My prediction is the opposite. More noses in private business means more marijuana arrests.

The disconnect lies in the reality of present day culture. Whether our criminal codes yet reflect it, marijuana is the new beer. Over half the states have now made marijuana legal for medical use and three (so far) have made it legal for recreational use. In those states, tax revenues are booming while teen drug use and crime in general are down.

We’ll have none of that in Arkansas. No sir.

No, here we prefer to rope goats and dip snuff. Here we produce an annual crop of Bible-thumpin’ preachers in jail for molesting children. Here we have state and federal legislators fixated on regulating a woman’s uterus and other people’s relationships. (I can say these things—I’m a native.)

I live on a dirt road. Periodically the road is graced by the passage of a road grader. The road grader moves dirt around, swiping it from the edges and piling it up in the middle where it is spread along to fill up holes and trenches cut by rain. Next time it rains, the holes appear again.

At the worst spot (pictured above), a cavernous roadside ditch abruptly ends. Water has nowhere to go. So it runs across the road. The solution is amazingly simple: cut the ditch another 30 feet to the creek. Like magic, no more bone-jarring trench.

I’ve long pondered this particular problem. I’ve sent carefully composed letters and drawings to the county road superintendent. I’ve chanced upon the grader mid-task and stopped to belabor my point with the operator. He’s always amiable, working a big cud and nodding while I talk and point. “Yes, Ma’am,” he says.

Then he grades the road exactly the same as before.

That quiet shredding sound you hear is me ripping my hair.

Is getting high a crime? If you get high on alcohol, it’s not a crime. If you zoom around all smiles on your script of Valium or Xanax, not a crime. Face it. People smoke weed. Water runs downhill. 

There’s never been a study showing that laws against drugs have been effective in stopping drug use or addiction. All we have to do is look at the status of our prisons to know those laws have failed. We have a greater percentage of people using drugs now than ever before. Great work, guys. Keep filling those holes.

In 2014, Arkansas arrest data show 14,480 crimes against persons (murder, rape, assault) with the largest subset of 8,103 for simple assault. There were 20,329 crimes against property (arson, burglary, vandalism, fraud, theft) with the largest subset of 8,360 for shoplifting.

Drug arrests (in the category of ‘crimes against society’) totaled 13,626 with 6965 for marijuana possession and 797 for marijuana sales or manufacture. The next largest subset in drug crimes was 1748 arrests for methamphetamine possession and 481 for meth sales/manufacture. (The other 1218 ‘crimes against society’ include gambling, prostitution, pornography, and weapons laws violations.)

Is possession of marijuana an offense equal to assault? Who is harmed? Equal to shoplifting? Whose goods are stolen? Does it make any sense that almost as many people are arrested for drugs as are arrested for crimes against people?

In 2013, Arkansas prisons held 23,384 inmates. Another 29,946 offenders were on probation and 23,227 on parole. The corrections budget that year was $449 million. We can only guess what percentage of the prison/jail population is serving time for drug offenses because the state doesn’t collect that information.

They don’t want to know.

If drug offenders are convicted at the same rate as offenders in other categories, then we could assume that 30% of our prison population is there for drug offenses and 57% of those for marijuana.

There has always been an element of society which believes its duty is to regulate how people think. Its lineage can be traced to the Inquisition and setting witches on fire. No one argues whether crimes against persons and property should be punished. But the idea that the state should attempt to regulate our minds violates every principle of a free society. 

The standard argument in support of drug prohibition involves token concerns about people harming themselves. Worse, people high on drugs can hurt other people. Yes. But people who harm themselves with potato chips or cigarettes aren’t arrested. People trashed on booze can beat up their wives or get behind the wheel and kill a carload of innocent people. But we don’t need alcohol prohibition to prosecute impaired driving or domestic violence.

Aside from trying to arrest our way out of behavior we don’t like, the would-be guardians of our minds have promulgated a flood of anti-drug propaganda. The drug problem flavor of the decade has moved from psychedelics to marijuana to methamphetamines. Now meth is so ’90s. Today the big evil is prescription drugs. (Ironic, considering the incessant television ads hawking drugs for every conceivable human ache and mood.)

By now there’s a nearly-one hundred year tradition of criminalizing certain substances and the persons who use them. The stigma once attached to demon rum has been transferred to a growing list of psychoactive substances. We have no choice. We have to build more prisons.

Let’s keep filling those holes.

Arkansas will be among the last to let go of its attempt to control what people do in the privacy of their homes or heads. These folks are still trying to get back to the 19th century. Even though the Bible says nothing on the subject of drug use and relates multiple instances of Jesus Christ Himself using wine—hey, even making it out of water—religious extremists in control of the state refuse to allow statewide alcohol sales and would fight to the death before legalizing marijuana even for medical use.

The facts have been clear for decades. Any cost/benefit analysis would show the terrible price we pay for this futile effort. We’re stuck with the same old reaction, prisons before schools, before roads, before social services and other interventions that have the potential to actually reduce drug abuse.

How long, oh Lord, ’til the ditch is cut to the creek?