The New York herald., 1922-10-13
Injunction for the Finland
and st. Paul May Be Made
Permanent Tuesday.
MARINE MEN HOPEFUL
Cunard-Anchor Petition Cites
Losses 1t Might Suffer by
Daugherty Opinion.

American steamship owners won
their first point yesterday against At
torney- General Daugherty's prohibi-
ton opinion, when Judge Learned
Hand in United States District Court
temporarily restrained Federal officers
from molesting the liquor cargoes of
the International Mercantile Marine
Company's Finland and st. Paul.
Government agents were cited to
appear Tuesday before Judge Hand to
show cause why the injunction should
not be permanent.
The application of the I. NJ. NJ, filed
through it's attorneys, Kirlin, Woosley.
Campbell, Hiclsox and Heating. was
directed against III. c.. Stuart. acting
collector Of customs: Ralph A. Day,
district prohibition director: John d.
Appleby, zone dry chief. and William
Hayward, United States Attorney.
Regarded ms a Victory.
Judge Hands order coming on the eve
of the date set for enforcement of the
Daugherty ruling was made in the sec
ond test case to be filed. The first was
that of the British owned Cunard-
Anchor Line, which applied for a perma-
ncnt Injunction restraining Federal
agents from interfering with its ves-
sells. Judge Hand. on Wednesday night,
after refusing to issue the Injunction.
directed Government agents to show
cause why he should not
The restraining order for the /. NJ. M.
was hailed as an important victory for
American lines. which, according to their
officers would lose millions through en-
forcement of the Daugherty ruling.
The complainant company, a member
of the American Steamship Owners As
sociation, asserted in its petition that
the liquor aboard the Finland and st.
Paul was for sale to passengers "on the
high seas and in foreign ports" and that
IT'S usage never was permitted within
American territorial waters. The car
goes are valued at $4,000. Immediate
and irreparable loss or damage" would
result from seizure of the liquor. said
the petition. Cletus Keating, one OF the
attorneys, added:
"AIl that is desired by the Interna-
tional Mercantile Marine Company Is a
fair test of Attorney-General Daugh-
erty's ruling. which we believe to be erTo-
neous. Judge Hands order merely holds
in statu quo the vessels of the complain
ant company"
Might Fail 20 Get Clearance.
There is nothing In the restraining
order prohibiting customs officials from
denying clearance papers to the Finland
and the st. Paul, said Mr.. Appleby later.
Mr.. Heating asserted. however. that the
order prohibited the Government from
SELLING. disturbing. removing or In any
way Interfering with the liquor" or
from arresting or prosecuting the COM
plainants.
The Finland Is scheduled to clear to-
morrow for Southampton and Antwerp.
She has space for 500 passengers and
will be well loaded when she leaves,
said Mr.. Heating. An eleventh hour
rush for passage on board the Finland
Is expected by the !. M. M.
The st. Paul will clear next week.
She has space for about 600 passengers.
p. A. s. Franklin. president of the
I. M. NJ. made the following statement:
I'm securing the order OF the United
States District Court restraining the
prohibition enforcement officials from
seizng liquors on the steamship Finland
of the Red Star Line and the st. Paul
Of tho American Line we acted for the
purpose OF protecting our property until
the law can bo interpreted by the United
States Supreme Court.
AT present the scope of the law as
applied TO ships Is debatablc. Nobody
knows Just what it Is. When the SUI
preme Court has rendered a decision de-
Confined on Page Two.