The New York herald., 1922-07-27
TRADITION BARS AID
IN LIQUOR BLOCKADE
e. S. Always Opposed Search
and Seizure Outside Three
Mile Zone.
OLD POLICY REACTS NOW
'Gentleman's Agreements
Seen as Only Foreign Help
in Drive on Smuggling.
Spscrur Dispatch to THE FSEw York HERALD.
New York Herald Bureau,
yutx

Specrar Dispatch to THE sSEw York HERALD.
New York Herald Bureau,
Washington. ID. C.. July 20.
Americas traditional policy with re-
gard to the right of search and seizure
within so called territorial waters puts
the State Department at disadvantage
IN the diplomatic negotiations relative to
K liquor smuggling.
At al; times the Government has been
a strong supporter of the theory of in
ternational law forbiddng search and
seizure outside the three mile limit. If
they are so disposed II is pointed out
here foreign powers requested to coop
crate in the drive ON liquor smuggling
can on the basis OF American practice
offer we'll based opposition to any sug-
gestion that customs officers be per-
mitted to board vessels outside the three
mile limit.
The question now at issue came up In
a practical form when Philander G..
Knox was Secretary of State. In 1910
Russia passed a law authorizing Its GUS
toms officers to search vessels inspected
Of having contraband on board to the
limit of four leagues or twelve miles
from shore.
cited Iaw of 1797e
Great Britain Immediately protested
and the Russian foreign office requested
that the American Government consider
the matter in view of the law passed
by this country in 1897 permitting search
OF vessels twelve miles from shore. The
inquiry to this Government was whether
Great Britain ever had objected to this
American statute.
The diplomatic correspondence in this
incident shows that, while the law re-
mained on the statute books. American
practice always had upheld the three
mile limit as binding under interna-
tional law.
Secretary Knox sent instructions to
the American Ambassador TO Russia to
inform the Foreign Office that the
United States reserved all it's rights
under international law, whatever reg
ulations werer made by the Russian
Government.
Meanwhile" said Secretary Knox.
"you will discreetly call the matter to
the attention of the Minister for For
eign Affairs and state that, with refer
ence to the general operation of the law
over the marginal waters beyond the
generally recognized three mile limit
and particularly as affecting American
commerce. the United States Is con-
strained to reserve all rights Of what
ever nature"
Courts Set Three Mile Limit.
"A brief drawn up in connection with
the natter by L. H. w. Woolsey, then
solicitor of the State Department now
the law partner of Robert Lansing
former Secretary OF State. reviewed for
Secretary Knox the practice in the courts
and reached the conclusion that, where
as municipal courts upheld municipal
laws, international courts invariably up
held the three mile limit as recognized
international law
In view of this traditional attitude on
theN~part of the United States 1t Is
by the State Department to extend the
operations of customs officers beyond
the three mile limit.
It is recognized that because Of the
controversial character of the question
nothing can be done except by agree
ment with the nations whose ships In
dulge in the smuggling traffic. and in
the last analysis the aid In suppression
may be reduced to gentlemans agree
ment to afford cooperation at the ports
OF registry
Great Britain. the country mainly con-
cerned in the controversy has. like the
United States, been always a strong up
holder of the three mile limit. and for
this reason might be expected to oppose
extension in the interest Of enforcement
of the Volstead act