The Washington herald., 1922-06-15

Democratic leaders in the House
also are preparing to seize upon the
wet issue as a means Of embarras-
sing the ship subsidy legislation
with the hope of preventing its en-
actment. They. too, plan restrictive
amendments relating to the grant
ing Of subsidies to ship owenrs who
sell liquor on American ships out
side the three-mile limit.
Senator Jones. of Washington,
chairman of the commerce commit
tee. and one of the driest of the dry
leaders in Congress for years. is
violently opposed. however. TO SEN
ator Willis proposal He declared
that the prohibition issue would
seriously complicate the ship sub
sidy LEGISLATION and increase the
difficulties of getting the bill
through Congress. II the volstead
law has n toophole in 1t. Senator
Jones thinks. Congress should
tighten up the law itself and not
attempt to adjust it through other
measures.
Haynes and Wheeler Comment.
Prohibition Commissioner Haynes
and Wayne B. Wheeler. counsel for
the Anti-Saloon League. commented
yesterday on the charge made by
Mr.. Busch. Commissioner HAYNES,
IN his statement. admitted that
there has been a difference of opin-
ion as to whether the VoIstead law
applies to ships outside the three
mile limit. while Mr.. Wheeler con-
demned the Busch attack as an ef-
fort to discredit prohibition.
Prohibition Anoat.' the title of
circular containing the Busch let
ter to the President" said Mr..
wheeler. is simply an effort to dis
credit prohibition and create senti-
ment for the sale of beer.
I hold no brief for the Shipping
Board IN this controversy. 1t is able
to take care of itself. Our attitude
with reference to the sale of liquor
on ships within the Jurisdiction of
the United States has been clear cut
and consistent ever since the law
went into effect We contended be-
fore the Justice Department that II
was Illegal to transport or possess
on any ship within the Jurisdiction
of the United States. The DEPART
ment and the Supreme Court have
sustained that construction of the
law.
This problem can now, be hap
PLY solved without discriminating
against American ships because the
Supreme Court has just held, May
is. 1922, that the manufacture, pos
session, sale and transportation of
spirits and vines for other than
Leverage purposes are provided fo-
in the national prohibition ac., but
there is no provision for shipment
or carriage across the country from
without
Procession Prohibited.
I'm other words the possession
and transportation Of Intoxicating
liquor for beverage purposes is pro-
hibited anywhere within the juris-
diction of the United States. ire
spective of treaties.
I cannot too strongly condemn
this attack by the brewers upon the
government and its officers, but re-
joice that the decision of the Su-
preme Court has now removed all
doubt upon the construction of the
law SO that the discrimination
against American ships which has
been seized upon by the liquor in
terests as an argument against pro-
hibition, need no longer exist"
TT is far from my purpose" said
Commissioner Haynes, ito enter
into a controversy upon the subject
treated in this booklet, but there
is here the Implication that L as
Prohibition Commissioner of the
United States. have failed to do my
duty in suppressing the sale OF
liquor upon the ships sailing the
American flag. Let ii be clearly un-
derstood that 1 do not make the
laws relating to the prohibition of
Intoxicating liquors. 1 have no pre-
rogative or authority to interpret
the laws made by Congress. Their
Interpretation is entrusted to the
Attorney Generals Department and
the Judiciary Department of our
government. One thing Is clear to
me and that is 1t is my duty to en-
force the law after # has been en-
acted by Congress. There has been a
difference of opinion as to whether
the Volstead act applies on ships
sailing our flag outside the three
mile zone. Just as soon as the
question Is determined by the De-
partment of Justice or the courts
will act in a vigorous manner to
enforce that law. but I will> not
break one law in order to enforce
another"
Lasker Makes Reply.
Chairman Lasker. of the Shipping
Board. replying to the Busch state
ment. declares, in SO far as Ameri-
can. vessels were concerned. IL
would be virtually suicidal to stop
sale of intoxicants owing to COM
petition of foreign vessels permit
ting sale Of such beverages. The
question. he added. might prove the
determining factor in the life or
death of the American merchant
marine"
Solicitor General Frierson, under
the Wilson administration, ruled
that ships flying the American nag
could not sell intoxicants. Soon af-
ter the present administration came
In. however, Chairman Lasker OBJ
tained an "oral opinion" from the
boards general counsel, Elmer
that American ships,
after they leave the three-mile
limit can sell anything they wish.
Attorney General Daugherty says
he stands on Frierson's ruling un.
less, upon reconsideration Of the
IL Is found erroneous.
Lasker stands on Schlesinger's rul-
ing, made officials in writing Tues
day. and Prohibition Commissioner
Haynes isn't able to do anything
much because he doesn't know
which ruling will stand the court
eese = IL. * ~