New-York tribune., 1921-10-22
Illegal to Ship
Liquor Via u. s.,
Court Decides
Judge Mayer Makes Ruling
of Great Importance TO
Dry Act Enforcement in
Barring Transportation
Yellowley Drops Another
Discharges His Thirty-first
Agent Since Taking Job
Because ssUnsatisfactory''

United States District Judge Mayer
rendered decision of far-reaching i'm.
portance under the Volstead law yes
terday, @when he ruled that trans
shipment Of alcoholic liquor through
American. territory, even though il
originates in and is destined to a for
eign country, is illegal
The decision came as a surprise. ant
was declared by Federal officials tc
have the greatest bearing on future
efforts of government agents to pre-
vent vast transactions in liquor be-
tween Canada and Mexico and from
coast to coast. The ruling is contrary
to one already given in the United
States District Court in Michigan, The
case which called forth Judge Mayors
supreme Court, so that final definite
ruling on the subject may be had
The contention that prohibition OF
such shipments is in violation OF
British treaty rights is disposed of bs
Judge Mayer, who declares that presi.
dents Cleveland and, Harrison botl
held the treaty provisions which up
held such shipments TO have been abro.
gated. In court of the first instance
he said, he would not take a contrary
view.
Grew Out of Seizure
Judge Mayors ruling was taken ir
case to determine the right of q
collector of the port to seize five case.
of whisky brought from Scotland or
board the Anchor liner Cameronia, July
27, for transshipment to Bermuda
Judge Mayer attaches much weight
to the argument OF United States At,
torney Holley Clark jr. that trans
shipments of liquor here since the Vol
stead law became effective had result
ed in vast losses, with the result also
that quantities Of liquor had beer
unlawfully brought into the country
for beverage purposes. The attorney
said that 100000 bottles of liquor had
been stolen here from docks, lighters
and trucks.
The decision points out that both
transportation and expectation OF
liquor are prohibited, adding that
there is no indication Congress intend.
ed to except this kind Of transporta
tion.
Acting State Prohibition Director f
G. Yellowley, in his investigation yes
terday into alleged irregularities in the
local enforcement Office, discharged an
other agent because his services were
unsatisfactory" This makes total o,
thirtyone men discharged by Mr.. Vel
lowley, who said he had made no new
appointments.
To Search Office Safe
Little credence is beng given by tn,
authorities to the statement OF Samue
Albrecht, held in $1,000 bail on
charge Of offering the state prohibition
director sac, 1000 bribe, that he repre-
sented eight distillerics. Mr.. Yellow
ley, however, sent a special agent t.
Baltimore to procure from the Fedora
district authorities there warran
that will enable him to search the SAT-
and effects of Albrecht in the latter
Office in the Equitable Trust Compan,
Building in that city
Announcement was made from tn
state prohibition directors office tha
q court order was being awaited t
dispose Of a large quantity of liquor
held in ninety-two court cases ant
stored in the Knickerbocker ware
house. At the same time it was sal
that the following basic permits ha,
been revoked: r. Cucio, wholesaler, o
Brooklyn; Brazza Brothers. of %
Third Avenue. Brooklyn, and DR.. Johl
j. O'Sullivan, of POI West 1O7th Street