The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1922-10-07
L. S. Ships
Covered by
! 8 :s-a)ry7 Law
Daugherty Rules Sale of Lip.
uor on American Vessel.
l. Prohibited nder
18th Amendment.
Foreigners Plan Suit

Washington. oet. s-lEy A. P-
Transportation or sale u alcoholic
liquors on American ships whether
privately or governmental owned, aud
on foreign vessels within three miles
~ the American coast was held Illegal
under the prohlhIfin laws ~ the
United ,,ate.. IN an opinion by AZ,
torney (ssrl Daugherty.
Sir. paugheffy lH his opinion. said
he had been informed that a suit vas
about 10 be fled which would carry
90 the supreme court thf point ~ 10.
sue regarding the right - foreign
ships tu bring liquors within the
American three.mlls zone A. ship
stores or otherwise sealed. Iis 10.
clared his department would under.
take 20 cooperate in eKped!ung th.
final decision on this point.
The term all territory subject 20
the Jurisdiction thereof" appearing IN
the prohibition amendment, expresses
not Limitation Just 90 lands. Mr.
Daugherty held but rather an c1tsn.
sion wherever tie Jurisdiction ot the
United States may reach
Subject to Amendment.
Certainly" the opinion said. ship
ping board vessels operated and own
ed by our very government itself are
subject 10 the Jurisdiction thereof.
Because Of their ownership by the
government they would in a double
sense be subject 10 the restrictions of
the eighteenth amendment.
Il am. therefore, Of the opinion that
the amendment and the national pro-
hlbition act prohibits a. unlawful the
possession and transportation ~
beverage liquors on board foreign yes-
sells while in our territorial waters.
whether such liquors are sealed or
open. am of the opinion that under
the rules Of fair intendment Aueri .
can ships wherever they may be, are .
included in the terms of the eigh- (
teenth amendment so that manufac-
ture, transportation or sale OF intoyi- .
eating liquors FOR beverage purposes
is prohibited thereon.
To construe otherwise. would, IN
my opinion, violate the unmistakable
intent in the adoption"
Effective at Once.
The opinion, il was said. would be-
come effective Immediately upon the
receipt by Secretary Mellon Of the
Treasury department ana Chairman
I.asker Of the shipping board, Of let
fers which have been forwarded them
by President Harding, officially notify.
ing them Of the opinion. The letter
to Secretary Mellon has reference 10
American nonEoyernment and foreign I
vessels, while that to Chairman Las ;
ker has reference To government !
owned vessels. American ships now
abroad. however. will be given oppor- Z
tunity TO return to their home ports
before the ruling will apply.
Chairman Lasker said undoubtedly
foreign steamship lines would seek to
snioin the government from enforC- I
ng the law as affecting their ships ,
Should the injunction be granted, he {
said, the foreign ships would be per t
nitted to bring in liquor until final I
Iecision Of the supreme court.
Mr.. Lasker predicted that If the t
supreme court upheld the decision, t
rith respect to foreign vessels. Van t
,ouver would be built up to the in a
ury Of Seattle ond Portland by di.
'ersion Of the transpacific freight and d
sertice TO the Canadian /
fprt