Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-10-20
The Liquor Law Impasse

sition OF our Government to extend
to twelve miles off shore the right
to search foreign vessels for liquor.
The British Government undoubtedly
has the right to refuse, and there
is no prospect Of any further step
of the United States Government in
this direction. But the difficulty re-
earding seizures within the three
mile limit remains. The Eighteenth
Amendment to the Constitution and
the Nolstcad Act for its enforcement
were of course meant to put stop
to the traffic in intoxicating hcver-
agcs in the United States and its
territories. 1t is not supposable that
anyone, unless some quite irrational
fanatics, sought to interfere with the
laws of other countries or with in
tcrnational trade and travel. Yet it
is now obvious that these latter
things must be dOnei under q strict
and logical application Of the law.
We have already pointed out that
the opinion of the Attorney General,
that the law is applicable to foreign
vessels in American ports just the
same as TO American vessels, IS in
exact accord with our Governments
long established and consistent in
depreciation Of international law.
1t is also in accord with common
sense. We all know that q foreigner
visiting this country is subject to the
laws and police regulations OF this
country and of the municipality in
which he is domicilcd, just as much
as an American citizen. 1t is logical.
therefore, that n foreign ship shall
he similarly subject to our laws. We
mean, of course, a private or MGR
chant ship. A public ship, belonging
to a foreign navy, may claim tho
same measure Of exemption that
u foreign ambassador or minister
claims.
But such application of the Vol
stead act means as We have shown,
that foreign vessels coming to Amer
lean ports must be without any sup
plies Of alcoholic beverages for more
than half of each round trip. That
means Il serious interference with
than that. The national laws Of sew
cral European countries require ocean
liners under their flag to carry and
serve to their crews the beverages
to which they are accustomed. And
our law forbids them to do SO.
Therefore every vessel from those
countries must face this dilemma:
Either to violate the law of it's own
country, and incur a penalty, or vio-
late the law of the United States and
incur a still heavier penalty. We
are in brief serving notice upon those
countries that if they want to have
commerce with US in their own YES
sells. they must amend their shipping
laws.
Amendment, like others, specifically
applies to the United States and all
territory subject to the jurisdiction
thereof" There can be no question
that Porto Rico, Hawaii and the
Philippines are subject to the juris-
diction" Of the United States, and
that the amendment applies to. them
Now a very large part of the com
merce of those insular possessions is
carried in vessels of foreign countries,
and their ports are ports of cal, for
foreign vessels bound from one for
Cign port to another. Thus, much
of Porto Rico's commerce is with
Spain and is carried in Spanish ships.
Under the Nolstcad act those ships
must stop carrying wines. or stop
visiting Porto Rico; and the latter
would mean commercial ruin to the
island. Again. British vessels bound
from Vancouver to Australia or
China, touch at the mid-sea port of
Honolulu. Under the Nolstead act
they must stop doing so, to the great
loss of Hawaii, or stop carrying VINE
and beer
Now, we repeat, il is inconccivable
that those who framed and enacted
that law intended such a result
They simply made the law without
sufficiently considering what its ef-
fects would be. They were thought
less, if not reckless. Nor can the
President who approved the law, be
exculpatcd. Being himself charged
with the conduct of our foreign re-
lations. he should have considered
what the effect of the law would be
upon them. and before signing it
should have asked for its amendment
so as to avoid such complications
as have now arisen, and which should
then have been unerringly forseen.
Slapdash legislation is never COM
mendable. 1t is reprehensible most
of all when it gratuitously causes
offense to foreign countries and en-
harrasSeS Our relations with them