Evening journal., 1921-02-09
rum IN TRANSIT
BARRED BY u. S.
Shipments Through This
Country Held Against
Law
PANAMA CANAL
ZONE EXCEPTED

WASHINGTON, Feb. 9-Transsnip-
ment OF intoxicating liquor for veyer-
age purposes from one foreign country
to another through the United STATES
is prohibited by the National Pr0bi-
bitiOn act, according TO an opinion OF
Acting Attorney-Gcneral Nebeker, just
made public.
The opinion was In reply TO an in
quiry OF the Treasury Department as
to whether the prohibition laws affect
tho provisions Of the customs laws
Nhish permit all merchandise arriving
az any port and destined for foreign
country TO be conveyed through this
country without payment OF duties.
"1'ho National Prohibition Act Mt
Nebeker declared, applied to all The
territory OF the United States That Is
not otherwise excepted from lis Oper-
alton, and extends 10 all waters within
its territorial limits, including a ma
rine league from the shore; within
these waters the manufacture, sale,
transportation. possession, etc, is,pro-
hibteds"
Transportation OF liquor through
the Panama Canal and on the Panama
Railroad, the acting attorney-general
said. was expressly excepted by Con-
gross from the terms Of the Prohibi-
lion Act.
Both transportation and possession
OF intoxicating liquors for beverage
purposes Mr. NeDcker continued, are
prohibited except as authorized, re-
g8rdles OF The place where they are
Intended 30 be consumed. The Pro-
lrbiti0n act. therefore. he concluded,
prohibits in transit shipments OF
such liquors touching at the ports OF
or moving through the United states,
though same originate in and are des-
tined to fOreicu countries
New customs regulations will be
drafted IN accordance with the Onin-
ion. customs Ofiiciais said, as soon as
study OF the Acting Atl0rney-General's s
Interpretation Of the law Is completed
Strictly construed, they added, the
opinion blockades American ports 10
ships with liquor aboard, as well as
pnhibiting transShlpmenlt.
Violation OF he law. officials said,
would render such liquor subject TO
seizure. However, IL was suggested
h3t nc practice or sealing up while
In uOri i1o liquor aboard foreign ships
intendoi for the use OF The crow might
be extended % a cargo Of liquor on q
vessel merely putting In at an Amer
lean port on a voyage between for
ulan ports.
Shipments Of liquor "a this country
consigned TO diplomatic representa-
tives of foreign nations, nevertheless,
officials asserted. would not be inter
fered with by the customs officers.
That question. they declared, has been
definitely settled by the application Of
the provisions OF the law which penal
lies interference with diplomatic rep
rcsentativeS.
Closing the United states 20 liquor
trans-shipmeDts, prohibition officials
said. would solve another enforcement
program by shutting on a source Ol
Illegal supply. Shipments OF liuuol
from Canada 20 Mexico by rail or Z,
American ports for ocean transport
they explained, have given trouble c
prohibition authorities Consignment,
from Canada. they added, have failed
10 reach the ports, or trace has been
lost OF shipments 20 Mexico.
shipping BOARD officials expressed
considerable interest in lhe effect OF
the Acting AttOrney-Generars opinion
upon the rights OF American ships ply
ing between foreign ports with car
goes OF liquor.
Discussing the question OF whether
possession OF SUN liquor would be In
Inc owner or in the carrier. Mr. Neb-
eker declared that both transpOria-
ii0n and possession are within The
territory of the United States" such
construction, 10 was suggested
might mean the extension Of the At
torney-Gcnerals recent ruling that the
flag follows the ships In the matter
81 The sale OF liquor 90 the question
Of transportation