Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-08-17
JOHN FREDERICK LEWIS
II would criss-cross the contineH,
with bouIevsTds
On the "Three. Mile Limit"

TiIOSE ambitious bootlcggcrs who are
l. seeking legal aid and comfort in a
three mile limit or even ''twelvc-miIc
limit" from which they may with lawful
safety defy the laws of the United States
are building their hopes on n foundation OF
sand This is the opinion of John Fred
cricli Lewis, who is probably the pre-cmi-
nent authority Of the country in matters
of maritime law.
The question is n complicated one in
some respects" said Mr.. Lewis, 'but the
laws regarding II are clear and specihc:
Self Representation is an absolute right OF
the sovereign Government of the United
States, and. assuming that the defendants
are guilty as charged with rum running
from vessels anchored off the American
Const, there is no question as to the lnris-
diction and power of the United States
to stop it.
"'The three mile limit has nothing to do
with the question. That limit was fixed
by the general consent of the older writer's
of international law as the utmost range OF
Il cannon (spcaking, Of course, of the range
of the cannon of that day., II was orig
inally described as three marin" leagues, and
the purpose of the limitation was that bel
ligcrcnts should not fight or come within
that limit because their guns might shoot
to the shore. and on the other hand, they
might be within range Of guns from shore
to sea.
1.-THE limit fixed was not by international
agreement, but was merely SGT up by gen.
cral consent of the older writer's as Il rCa-
sonnhe extent of jurisdiction.
"Thcrc was always jurisdiction over rivers
and bays. and hence the jurisdiction of the
United States over the Delaware Bay, for
example, or over Chesapeake Bay, has never
been questioned, although the entrances of
both are more than six miles wide.
Liberal Interpretation Needed
LAS a matter of fact it has been claimed
that, with respect to the American Coast,
a liberal Interpretation Of our jurisdiction
over the seas is necessary and that orr
Government should exercise jurisdiction
over such curves or indentures Of the coast
a. between Cape Ann and Cape Cod for
instance, or between MOntauk Point and
thr delaware CapeS. At any rate the iuris-
dicton Of the Government is ample to pre-
vent any vessel from 'hovcrng' ON the
coast and conspiring with those on shore to
violate our laws.
AS long ago rs the time of King James |
and King Charles II, the British Govern
ment prohibition by law the 'hovering of
foreign vessels 50 near the harbors Of Great
Britain MS to disturb hOmcWnrd or outward
bound vessels, and the British lowering
Act passed by Parliament in tho reign Of
King George II, expressly assured for rpve-
nuc purposes jurisdiction Of four leagues
from the coast
n pIbNISlbll w lIte same CleCt Is rpuSOn-
able in the revenue laws Of the United States,
and such jurisdiction vas upheld by Chief
Justice Marshall in a decision of thn Su
prcmc Court more than 100 years ago,
Twelve Miles Not Enough
Even Il limitation Of twelve miles IL
not the limit to which the Government ,rn,
can reach to prevent violation OF onr
laws in conjunction with persons nm onr
shores. 1t is n familiar principle IN Inv
that what You do By the hand of anotbo,
you do yourself, and in my opinion n shin
twenty miles off shore could be arrostos
and brought into our courts if she conniyed
with the owners Of motOrbOats or the mos'
ters OF them to unload cargo at son md
run 1t INTO our ports without making dine
entry and in violation of our laws. '''
Our Government could stop SIch ortior
Just as i could stop it If Il vessel anchored
three miles or twenty three miles off sLnrc
and then fired guns whose shot would IomL
on our coast and injure our people or dam.
age their property. '''''
"Our American Coast waters are gencrsuv
shallow and vessel can anchor with rea'
sonable safety many miles off shore henca