The American issue. [volume] (Westerville, Ohio) 1912-19??, 1922-10-20
Executive Cannot Change 1t

Executive Cannot Change It
'If then the bringing in of liquors
by foreign vessels as ship stores or
otherwise constitutes transportation
or possession contrary to thhe Eight
zenith Amendment and the National
Prohibition act, it is clearly a viola
ton of the law that no executive nor
administrative officer OF the govern
ment has the power to permit
The Constitution prohibits trans.
portation which has been defined as
the taking up persons or property at
some point and putting them down
at another. That the innocence of
any intent to put them down or use
them in the United States is not ma
terialf III determining whether the
transportation is a violation of the
law is determined by the Walker and
Anchor Line cases, where the court
decided that Intoxicating liquor stored
on one British ship could not lawfully
be removed to another British ship in
the New York harbor although il was
admittedly destined for beverage uses
outside1of the United States.
Must No. Have 1t at All
"Furthcrniore. the National Prohi-
bition act prohibits possession, as well
as transportation OF intoxicants for
beverage purposes, irrespective OF
where they are to be put to such
beverage use. Under the reasoning
of the court in the Walker and Anchor
Line cases. IT is no argument for the
legality OF foreign ships possessing
and transporting intoxicating liquors
in and across our waters, that they do
not intend to use the liquors until
leaving orr jurisdiction
Are we then to argue that such
infcxible provision of law, declared
by our Supreme court as the Con-
sttutional policy OF our country, shall
apply 70 our own citizens, but be
abandoned when we deal with ships
Of foreign nation? To do so would
be srievous SURRENDER of our SOW
crcignty,
And it is outside the province OF
an executive or Administrative Of
heer of the government to read into
the law and the Constitution an ex-
ccption not specifically contained
therein
With special reference to the sale
OF liquor on American vessels operated
by the shipping board the attorney
general said
No Limits to Prohibition
IAN examination OF the National
Prohibition act by itself leads to the
conclusion that its operation is ex'
tended TO American vessels on the
high sea, since its terms are absolute
~ general and have no limits OF any
sort.
The shipping board has frequently
sought TO punish offenses omitted
against its property on the high seas
by maintaining the applicability OF
general criminal statutes. 1t
would be inconsistent for American
vessels to enjoy the protection OF
laws Of general jurisdiction and fail
TO be governed by the prohibition OF
one OF similar jurisdiction"
81 am OF the opinion that under the
rules OF fair intendment, American
ships, wherever they may be, are in
cludcd in the terms Of the Eighteenth
Amendment, territory subject to the
jurisdiction Of the United States, so
that manufacture, transportation, or
sale Of Intoxicating liquors for beyer-
age purposes is prohibited thereon.
Would Violate Intent
ITO construo otherwise would in
my opinion, violate the unmistakable
intent in its adoption, such intent
clearly adduced from study of the
circumstances out OF which it grew,
and voiced by the Supreme court in
the Walker and Anchor line cases
This Interpretation is further sup
ported by the many authorities that