New-York tribune., 1922-09-23
Formal Complaint Will Be
Made Against Boarding
of Vessels Outside Of
llle Three Mile Limit
lis. Precedents
70 Provide Base
Drys Prepare TO Defend
Right TO Inspect Ships
lowering Along Coast
BY Carter Field

WASHINGTON. Sept. %. Great
Britain will make formal protest
seainst prohibition officers searching
British vessels outside the three-mile
limit, it was learned on excellent au-
tsority here to-day. The representa-
ti7us will be made, 1t was stated, in
II very near future, following an ex-
change of informal cables between the
Foreign Office and the British Embassy
here.
While 1t Is denied at the State De-
partment that any representations have
30 far been made, It is learned that
the British will base their contention
solely on American diplomatic history
ari precedents. The British will re-
at, for instance, that as recently as
80 when the Russian government ct
enfpted TO extend it's authority TO a
weive-mile limit off the Russian
casts and the British government took
gteption, the United States upheld
'e British.
he Russians at that time appealed
consideration Secretary of State Knox
gsate what amounted to decision OF
this government, that the three-mife
]. nit. fixed by international law for
ce 1turies, should continue.
Drys Start Counter Move
Tho British protest, 1t was further
learned, will probably contain earnest
assurances of the unwillingness of the
British government to stand in the
way of the United States enforcing It's
loeal laws, in this instance the prohi-
niiion law, and will promise TO go aa
saf as possible, without surrendering
any Of the rights of the high seas be-
yond the three mile limit in preventing
ysN1ations Of American law.
The drys seem to be fully informed
81 the proposed move by the British
gowernnent, and started a counter
drive to-day without waiting 60 see
inst what the British government would
sustffyirg entirely the affovering"
acts, permitting the seizure within the
sweive- mile limit of liquor being con-
esyed to the United States, Wayne 3.
Il eeler, general counsel of the Anti
Saloon League, issued the following
atement:
The lowering acts have been on
~ statute books since 1799~ They
grovidc in effect, that every master
any vessel laden with merchandise
hound to any port OF the United states
shall on arrival within four leagues
OF the coast, produce on request copy
Of the manifest and shall deliver the
sSnle TO the customs officer. Section
sS1G OF the Revised Statutes provides
that upon the failure of the master OK
the vessel to produce the manifest or
70 give q true account OF the destina.
tion of the vessel upon the request OF
lie customs officer, the master snail
be liable to q penalty of not more than
$500. Section 8os8, Revised Statutes.
provides that the penalty against the
master shall constitute a lien against
: the vessel. Section 3067 conFers au-
Taority to board vessels within four
leagues.
Norway Has Ten-Mile Limit
"While these statutes were enforced
for revenue purposes there was not
much objection to them, but since the
adyent of national prohibition soma
natiDns are questioning the right OF
tie United States 20 enact such laws,
fhe right Of nation to protect itself
ssises from its own sovereignty and
not from the consent of other nations.
Practically every nation has enacted
laws against rum smuggling and ex-
tended this line beyond the three-mile
Unit. Norway this year extended It
to ten miles. While 1t strengthens the
ezforcibility of the law to have an in
srnational agreement, yet practically
j 81 Of the nations have enacted their
= Bws on the ground that they have a
hsht TO protect themselves from rum
3 snugglers and other violators Of the
kr.
''The question has been before the
murts repeatedly. The United States
Ercuit Court of Appeals recently de-
aaed this question in the case OF United
Il Yates Us. Bengoches, 289 Fed. 537 The
A-sNs said:
%To sustain that contention would
Bean that foreign vessel lowering
par our coast for the purpose of vio-
Bling or aiding in the violation Of our
4 lsws would be, SO long as it keeps
Bore than three miles from shore, be-
s'nd the reach of reasonable and ap-
Mcpriate action by the government for
Ms protection of its rights, not in
FNying any needless or harassing In
inference with legitimate commerce"