The American issue. [volume] (Westerville, Ohio) 1912-19??, 1921-09-09
CANADIAN WHISKY FLOWS
ACROSS UNITED STATES
Federal Judge Tuttle's Decision
Opens Booze Sluiceway to
Foreign Ports
TREATY NOT ADVOCATED
Secretary Melons Relaxation
Order Will Probably be
Made Permanent

Whisky valued at $4,000 bound Tor
foreign ports through the United
States left the yards OF an Ontario
distillery within a few hours after the
decision by Federal Judge futile that
the United States officials can not in
terfere with such shipments. The
shipment was designated Tor New Or
leans and there it will be trans-shipped
for foreign ports. Other shipments
valued at more TRAN 100000 are
loaded in the same yards preparatory
to being sent across the country to
other seaports for s-shipment.
With the gates lifted the distilcrs ex-
pected they said. to supply the ma
jority OF their eastern trade through
the United States. thus cutting down
the cost of shipment considerably.
Judge futile based his decision on
his belief that under the law the Vol
stead Act does not abrogate the treaty
of July 4, 1871, between the United
States and Great Britain. The opin-
ion i'll part says:
ut is another established and rec
ognized principle of statutory con-
struction that repeats by implication
are not favored and that later stat
ute will not be held to have impliedly
repealed an earlier one unless full eff
feet can not be easonably given to
both
at is equally well settled that a
treaty between the United States and
foreign country will not be re-
garded as abrogated and rights Gre
ated thereby taken away unless an
intention to that effect is clearly and
unequivocally indicated by the neces-
sary operation of such statute, it being
presumed until the contrary is plainly
manifest that Congress intends no in
reference with such treaty rights and
it is only where the provisions of a
treaty and the terms of later statute
are in irreconclable conflict and can
not remain in force that the former
will be considered as implicitly re-
pealed by the latter.
81 am OF the opinion that the ma
tional Prohibition act does not indi-
cate any intention to forbid the con-
veyance of Intoxicating liquors in
transit i'll bond from Canada through
the United States to foreign countries
under the provisions OF the treaty and
statute authorizing such conveyance
"The arguments advanced by the
government rest in the last analysis
upon the ultimate contention that to
transport or possess Intoxicating
liquor except as expressly authorized
by the Nolstead Act, is forbidden by
that act 1t has. however, already
been distinctly held bX the Supreme
Court that these words are not to be
so interpreted but that a Transports
ton or possession of Intoxicating liq-
uOl lC1SSSdllI1 AoltilN1iSh Win anu
incidental to an act not within the
Prohibition because not within the
spirit and true meaning OF the statute
is not a violation thereof"
Frederick L. Eaton, assistant dis
trict attorney, has announced that he
has definitely decided to carry the case
to the Supreme Court. During the
wait for the decision from Judge Tut
tie, Secretary of the Treasury Mellon
suspended the ban OF shipment Of
liquors across the United States des-
tined for outside points. While thi,
suspension was generally recognized
as temporary it is now believed the
Detroit courts decision will cause il
TO be made permanent, at least until il
is brought before the Supreme Court
OF the United States.
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