The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-10-19
BRITISH PROTEST
SEIZURE OF shit
BY DRY OFFICERS
English Claim Canadian YES
sci Was Outside American
JuriSdiction-State De-
partment Awaits

Washington, October 49, Seizure
by prohibition enforcement officials
this week of the Canadian schooner
Emerald, off the New Jersey coast,
has been made the ground for formal
protest by the British government,
the contention being that the vessel
was outside American jurisdiction,
Pending official advices from the
officers who made the seizure, COM
ment as to the probable attitude of
the Washington government was not
available today.
The only report received at prohi-
bition enforcement headquarters said
the Emerald had been taken for al
legged liquor smuggling while in COM
munication with shore from a point
beyond the three-mile limit. The
message did not say specifically, IL
is understood, that the Emerald's
own boats were plying between ship
and shore. 1t was assumed at the
prohibition enforcement bureau that
such was the case, however, and that
the ship, therefore. fell within the
recent government ruling as to OPP
erations beyond American territorial
waters.
Eight Miles From SkOre
The British protest, which was
presented to the state department, is
understood to assert that the Emer-
In Ttdttph txf IA
shore and that there was therefore.
no warrant under the ANNOUNCED pol
icy of the American government it
self for interference, with the Can
adam craft There was nothing to
Indicate that the statement that the
Emerald was seized eight miles off
the coast would be disputed and the
diplomatic correspondence apparently
turns on the question as to whether
the schooner was in touch with shore
through her own boats.
The case is the first Of its kind
to arise under the adm nistration
filming prohibition enforcement OPP
erattDns strictly to the three mile
limits except in one circumstance Of
a vessel beyond that limit but send
ing contraband shipments ashore in
her own boats. The American po-
sition in that regard is held to rest
on international precedent.
Rests Upon Facts
That the British authorities are
convinced the Emerald case does not
fall within the rule was made plain
by the promptness with which a pro-
test was made. Fra ming Of the
American reply necessarily awaits an
official report from the treasury set
ting out the facts Of the seizure.
Should that sustain the belief here
that the ship was using her own
boats to shore when seized, presum-
ably the diplomatic phase Of the in
cident would be closed and the case
be allowed by the British TO go 10 le-
gal determination.
In view Of the British refusal To
consider the working out OF a treaty
to permit search OF suspected liquor
smuggling craft UP to IL miles of
shore, 1t appeared unlikely that the
Washington government would at
tempt to defend automatically the
more drastic action Of seizure beyond
the three-mile limit except where
the conditions met the rules laid
down. The attempt to reach an agree
ment for search such as that pro-
posed by Secretary Hughes has been
officially described at the state de-
partment as closed incident The
Emerald case apparently rests
wholly. therefore, on determination
Of the facts.