Evening star., 1922-10-07
Foreign Ship Lines to Take
Ban on Ship Liquor to Court
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! the international relations of the United
States
! High adm iristra Ion officials en-
/ p!ailed. according to the Associa ted
Press. that there was no course for the
executive branch of the government eN-
cept to enforce th" law as interpreted
by the legal department
President Orders Enforcement.
Orders for enforcement of prohibi-
ton laws. as construed by Mr..
! Daugherty. were issued by President
Harding late yesterday. In letter
| to Secretary Mellon the President re-
| luested that due notice be given 10
| the masters of sll privately owned
[ ships operating under the American
flag and that regulations for the en-
| forcement as to foreign slrips be for
| m'ulated and that such notice he
! given to the agents CT foreign lines
| touching American ports or dock
| ing therein as becomes the circum-
| stances and commits us to the fun
! enforcement of the law
| writing to Mr.. asker. the executive
! said the transportation and the serv-
| ice Of Intoxicating liquors on all
F., ships owned, operated or leased by
the Shipping Board should be pro-
! hibited at once. and all transporta-
! must cease at once on ships now i'll
home ports. and on ships at sea or in
! foreign ports Immediately after dock
ing in home ports
This will enable the disposal of
| ships stores for the lawful purposes
| contemplated under the statutes" the
| letter added. The Secretary of the
! Treasury will issue equivalent notice
to private ships under American
operation"
Supported by Quotations.
| The opinion was supported by
numerous quotations from decisions
| Of the Supreme Court and interpreta-
| tions of organic law.
| Il am of the opinion" Mr. Daugher-
! ty said. that American ships. wher-
ever they may be. are included in the
terms of the eighteenth amendment
territory subject to the Jurisdiction
| Of the United States. SO that manu-
| facture. transportation or sale Of in
| toxicating liquor for beverage pur-
poses is prohibited thereon. To con-
| strue otherwise would, In my op!nien
violate the unmistakable intent in It's
/! adoption. such intent clearly adduced
1 .
| out Of which It grsw. and voiced by
tho Supreme Court in the Walker an6
| Anchor line cases.
This Interpretation 10 further sup.
ported by the many authorities tha
have held ships to be constructive
they fly. Such decisions undoubted.
| ly extend tho protection an we'll Al
| the inhibit!ons of the country's laws
THE national prohibition act is ar
act of general Jurisdiction in force
! wherever the eighteenth amendmen
States have Jurisdiction to punish 1T
violations on the high seas.
violated By Foreign Ships.
Il am forced to the opinion. under
the ruling of the Walker and Anchor
line decisions, that foreign ship:
carrying intoxicating beverage liq
uors as ship stores or otherwise
within the three-mile limit of oul
shores are violating the provisions O.
the national prohibition act, prohibit
ing possession OF transportation O.
intoxicating liquor for beverage ,pur
poses. The Supreme Court therir
has held that it is not material tina
the liquors may not be intended fol
beverage uses within the Unitet
States"
The ruling published yesterday wal
in answer to a request from Secre
tary Mellon. dated June 20. 1922. fol
advice as to whether the practice o
selling liquors on American ships OF
the high seas was permissible, and
further, whether possession of intox
icating liquors by foreign ships il
American waters was in violation O
the prohibition laws.
Mr.. Daugherty replied to the frs
question in the negative and to tn,
second in the Affirmative.
Mischief to BE Prevented.
"The purpose or intent of tn,
states" he said, ''in adopting thu
! eighteenth amendment, and that o.
the legislative body in Initiating it