The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1922-10-07


today by Chairman Lasker, by direc-
tion of the president, to remove and
surrender to treasury department Off
cials all Intoxicating liquors aboard
such ships. The order. which applies
to government ships operated by the
board and under charter to private
concerns, became effective immediate
lv with respect to vessels in American
ports and will be made effective on
those at sea and in foreign ports upon
arrival at American ports.
DECISION HANDED DOWN
Washington, Oct. 7.-All vessels,
American and foreign owner, are pro-
hibited from having liquor on board
i'll American territorial waters under
an Interpretation of the prohibition
amendment and the enforcement act,
handed down yesterday by the depart
ment of justice. Moreover, the trans
portation or sale of intoxicants on
American craft, wherever operated,
was held TO be lnnlDlCed.
American territorial waters were
construed to include those not only
within the three-mile limit of conti
mental United States, but also those
within the same limit of the Philip
pines, the Hawaiian Islands, Porto
Rico, the Virgin Islands and Alaska.
The law would not apply to the Pan
anna canal zone. as that zone is spe-
cially exempted by the statute itself.
So far as American ships are con-
cerned the sale or transportation of
liquor will cease at once, or as soon
as those vessels reach their home
ports. In the case of foreign ships,
the decision will become operative as
soon as the necessary regulations can
be prepared and promulgated by the
treasury department.
Court action looking to a final de-
termination of the application of
American dry laws to foreign ships
entering American ports was foreseen
by both Attorney General Daugherty
and Chairman Lasker of the shipping
board. Mr.. Daugherty said he had
already been advised that case was
about to be filed which would bring
the issue to the supreme court.
Chairman Lasker was of the opin-
ion that the first move of foreign
lines would be to seek an injunction
restraining the government from en-
forcing the law. He said it was reas-
enable to suppose that the courts
would grant such an injunction with a
result that foreign ships would con-
tinue to arrive with liquor on board
until there was real decision by the
highest court. The attorney general
said his department would cooperate
in every effort to expedite ruling by
the supreme court.
Publication of the opinion of the
department of justice followed a
White House conference to which
President Harding summoned Attor-
ney General Daugherty, Secretaries
Hughes and Mellon and Chairman
Lasker. Various phases of the situa-
tion were discussed, including the pos
sible results of enforcement upon the
international relations of the United
States.
High administration officials ex-
planned there was no course for the
executive branch of the government
except to enforce the law as inter
preted by the legal department. The
Interpretation was based upon recent
decisions of the supreme court in a
case involving the authority of the
United States to interfere with the
transfer of liquor cargo from one
foreign ship to another in an Ameri-
can port.
In a divided opinion, the court con-
firmed the authority of prohibition
agents to prevent such a transfer
and, in the view of the attorney gen
eral went so far as to hold that the
eighteenth amendment and the Vol
stead act repealed a prior existing
treaty with Great Britain. Chairman
Lasker predicted that enforcement of
the law would operate to an immed-
late disadvantage to the American
merchant marine and would make
more necessary enactment of the shiI
subsidy bill if the American flag is tc
stay on the high seas. He believed
the ruling would have great influence
in Congress when the subsidy bill was
taken up.
An undoubted effect of the enforce
ment, Mr.. Lasker said, would be tc
hamper the board in its efforts tc
build up American shipping to the
Orient and South America. He ex.
pected Vancouver. British Columbia
to profit at the expense, particularly
of Seattle and Portland, in the Orent.
al trade and Montreal at the expense
of New York in the South American
trade. Also he looked for Montreal tt
gain over New York in the trans
Atlantic trade.
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