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Adding to his problem was a quirk in the laws. Kentucky banned Eggers from sending his whiskey to any county in the state that banned alcohol. Because of the Interstate Commerce Clause of the Constitution, however, liquor dealers other states could send booze by railway express to individuals in those counties with impunity. Federal courts all over the U.S. had upheld that right.
Faced with a dismal financial future, Eggers in 1912 from his Jefferson Street liquor house hatched a scheme to sell his whiskey to customers in officially dry Kentucky counties. He composed and sent a form letter to doctors and druggists in “dry” localities asking them to help him. In the letter the Louisville liquor dealer pointed out that for “medicinal purposes” Kentucky law allowed licensed doctors and druggists to receive whiskey shipments in five gallons or less. Eggers explained: “There are a number of people in your neighborhood who would like to receive goods but cannot order within the state as the laws prevent shipments….If you will permit those who order to have goods shipped to you, without expense to you, it will be an accommodation to both of us.”
Eggers assured his potential collaborators that his proposal was within Kentucky law and urged them to write him with the names of friends who might be interested in shipments. As a reward for their trouble in handling his liquor, cooperating doctors and druggists would be given one free gallon of whiskey for every ten gallons he shipped. “I do not know if this would be legal,” Eggers acknowledged, but went on to give detailed instructions how the process would work:
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Among the physicians who received Eggers’ letter was Dr. Thomas C. Holloway, an eminent gynecologist of Lexington, Kentucky, a town that intermittently had gone dry. Dr. Holloway was caustic in his response to Eggers: “As I have no intention of engaging in the whiskey business, I do not see what right you had to presume I would be interested in your bootlegging proposition.”
Branding Egger’s proposition as insulting, Dr. Holloways sarcastically added: Since you doubtless find it profitable to deal with the weaker element of the medical profession, I wonder that you do not branch out a little and include the illegal sale and distribution of cocaine, morphine and some of the other deadly poisons which doctors are permitted to order and which unfortunate human beings often want.”
“As for sending you a list of my friends I must say that unless your whiskey is vastly superior to your ethics, I have no friends for whom I care so little as so expose them to either, and I feel it would be a cowardly way of getting even with my enemies.”
Dr. Holloway ended his broadside by asking Eggers how he had gotten his name and what justification he might have for thinking he would be interested in the Louisville liquor dealer’s scheme. The outraged physician went further by sending the exchange of letters to the Kentucky Medical Journal, the state’s leading publication for doctors and druggists. They published it under the headline “Forum” on September 1, 1912.
With Eggers’ scheme exposed, its utility was gone. Even if tempted initially, the “weaker elements” of the medical fraternity, to use Holloway’s term, likely found themselves walking away from Egger’s proposition once it was widely known to the medical fraternity and likely revealed to law enforcement officials. Moreover, Eggers had been exposed as someone willing to conspire to evade the law.
Herman Eggers was born in rural Kentucky in October 1857 to Johannes and Amalia Stutenbecker Eggers. At the time of his birth his father was 18 years old, his mother was 14. After an elementary education in local schools, Herman moved to Louisville sometime in the 1870s where he likely served an apprenticeship in one of the city’s many liquor houses.
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Egger’s establishment as described in public records appears to have been a combination liquor store, saloon and grocery. He was known for heavily advertising his flagship brand, “Old Drennon.” It likely was named for Joseph Drennon, an early Kentucky pioneer and the man who discovered the healing hot waters of Drennon Springs in Henry County. Of this whiskey, Eggers boasted: “Old Drennon Wins…Everybody Votes Old Drennon the Best.”
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As the noose of National Prohibition slowly tightened around the Kentucky liquor industry, Eggers phased out liquor and increasingly emphasized his grocery trade. After Lizzie died in 1924, Herman, having reached his middle sixties, closed out his grocery business and retired. The 1930 census found him at the East Broadway address, living with two unmarried adult daughters. Eggers died in December of that year. The cause given was heart disease. He was buried next to Lizzie in Section 5, Lot 136, of Cave Hill Cemetery, a graveyard in which many Kentucky whiskey men are laid to rest.
I began this inquiry into the life of Herman D. Eggers by delving into his attempt to wet “dry” Kentucky with alcohol by convincing doctors and druggists into helping him reach customers in places where spiritous drink was outlawed. It was a scheme blunted by Dr. Holloway’s scathing public response. This leaves the nagging question of what effect, if any, the exposure of Eggers’ attempt at “bootlegging” had on his personal life and community standing.
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