Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1922-10-11
Expecting Foreign Ship
Owners to Raise
Kick
RULE is AIR-TIGHT
Attorney General Believes Supreme
Court Will Support His Ruling If
Test Case is Attempted.-Protests
of no Avail.
CBy United Press,

IHe treasury .hGllOit Will i9SNS " a.
ing this afternoon that American
ships found in possession of liquor
"for beverage purposes" will be sub
iect TO forfeiture to the American
government. it was authoritatively
learned today.
Foreign vessels sailing from for
eign port before October II with IL
quor aboard will be immune from
seizure, but those leaving after thac
date will be subject to this eXtremc
action fthey bring liquor into the
three-mile zone.
American ships now in foreign ports
which sail for America before Oc-
tober II will be exempt from for
feiture, but those sailing after that
date will be liable to confiScation II
liquor is aboard, the Mellon ruling
will hold.
Washington, Oct. 11.-An effort by
foreign ship owners to Sc; aside that
part of the Daugherty ruling which
bars entry into the American three
mile limit to foreign vessels with Ii
Guor aboard is momentarily expected
by the Treasury and Justice Depart
ments here.
Confident that the ruling will DC
held valid by the supreme court, At
torney General Daugherty has ex-
pressed his intention to cooperate 20
the fullest extent with Sny persons
who will bring the matter before the
courts.
Representatives of foreign ship
operators. stationed in New York, are
preparing in behalf of all, single
test case which may be presented to
the Federal court for the Southern
district of New York before the end
of the week, according to advice7
reaching here.
No doubt is felt by Attorney Gen
eral Daugherty that the ruling IS air
tight in every respect. SO far az
American vessels are concerned, the
status of liquor aboard them seems
TO be definitely settled and the ruling
to have been completely accepted by
American ship owners.
Reports of intentions by foreign
governments to protest to the Amer
ican government continue to reach
Washington, but no official represen-
tations have yet been made. 1t was
learned today that official notifica-
tion of the ruling has been given 20
every embassy and legation here
Monday.
The reactions of the foreign gov
ernments to the ruling are watched
with interest by officials here, but
few believe that protests will be OF
avail. In international law, the
foundation of the ruling seems
secure.
It has been pointed out that Danies
Webster. when Secretary OF State IN
1912. wrote Lord Ashburton, then
british ambassador here, on the su0-
iect of the jurisdiction OF govern
ments over foreign vessels.
at is natural to consider the yes
sells of nate" as part OF It's terri
tory. though at sea-" Webster wrote
"as the state retains its jurisdiction
over them; and according to the com
n,onlv received custom this Jurlsdic-
tion is preserved lover the vessels
even in parts of the sea subject to
foreign dominion "
This statement of Webster's has
been quoted in arguments against
the present Daugherty ruling, as IN
dicating that the sovereignty OF
british law and custom, for example
would prevail on British ship IN a.
American port, and thus render L
immune to the American dry law
A further examination OF Web
ster's letter, however, reveals that III
the same communication be wrote:
at is true that the jurisdiction OF
nation over a vessel belonging to
it. while lying in the port Of anothe;
is not necessarily wholly exclusive.
We do not consider or so assort 1t.
For any unlawful acts done by her
while thus lying in port she and
her owners must be answerable 20
the laws of the place"
1t is this establishment OF precec-
ent so years ago that government OF
ficials believe will nullify every ef-
fort of foreign ship owners to have
the law so construed as exempt for
eign vessels from the operation from
the Daugherty ruling.