New-York tribune., 1922-10-24
Hand Uplaolis
Dry Sea Rule,
Ships Appeal
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the use OF their crews. In the case OF
the French. italian and Belgian ships
the law Of their flag requires them
70 supply 9 ration Of wine, and In
I these easas il is possible that the
Ships rnay not be able 20 obtain clear
anee uslless they comply with this PRO-
vision. Furthermore, the use Of
wines. beers or liquors among the
peoples except Americans IL habitual
! and these beverages are regarded as d
necessary part of their ration.
Among the plaintiffs are two lines
which sail under the American iar.
These the authorities have aIways
treated like the foreign lines
Regarding the contention of the
shipping companies tha. the carrying
OF liquors in ships stores did not con
stitnte transportation and that the
ships stores were held by precedent 10
be q part Of the ship itself, the de-
cision reads:
| Even IL transportation were de-
lined to involve some delivery, ! do
no. see how that would help the plain
tifs. These liquors are carried for
delivery at sea to the passengers and
crew, and when SO delivered their
transportation ends. There appears to
me no significant distinction in the
fact that the place of delivery is the
ship itself"
Referring to citatio ons by counsel for
the ship companies. the court says:
The steamships have no express
warrant of law for possession of the
liquor. ] conclude, therefore, that the
carriage In question is 'transporta-
ton"
The court here admits that since the
year 1879 ships stores have been
treated under the laws and prescribed
conditions as part of the ship itself,
but the court decides:
"In the cases at bar Congress GER
tainly might, If it choose. prevent the
entrance of any liquor whatever with
In the borders of the United States,
not only under the Eighteenth Amend
ment, but, indeed, under its power
over foreign commerce. Eff
fecting a revolutionary reform, in the
habits of nation, the statute is to be
understood as thoroughgoing in it's in
tent TO accomplish the results desired
1t did not specify the extent of It's
application in detail, but left that to
be gathered from, it's occasion and the
generality of the words used.
Holds Whisky Is Whisky
Naturally, l have nothing to say
about the wisdom of the amendment Of
the law, but, wise or not, one thing is
clear-that drink Of whisky is as
hurtful to health and morals outside as
inside Ambrose Light. 1t appears to
me inconceivablc, when one is discuss
ing the implied intent of Congress
that statute cast in such sweeping
terms should be read as Indifferent to
open preparations within The United
States for the qualification, by it's citi-
zens Of exactly those appetites which
it was the avowed intent Of the statute
altogether to deny.
"If, for example, we were to substi-
tute cocaine or opium for alcohol,
can scarcely think there could be any
disinterested difference of opinion.
Suppose it were the habit OF Chinese
vessels to bring to our ports among
their stores a proper supply of NOR
phine and opium with the avowed pur-
pose of dispensing il freely to passen-
gers from the United States as soon as
they cleared the league limit, could it
be seriously argued that a constitu-
tional amendment and broad language