The New York herald., 1922-09-27
DRY NAVY MUST STAY.
Within 3 Mile Limit
Cabinet Decides Against
Unrestrained Raids on
High Seas.
ONE EXCEPTION is MADE
Search Permitted if Rum
Runner Communicates
With Shore.
TEST IS A BRITISH CASE
Agreement OH Clearance Pa
pers Expected to End Method
of Deception.
Special Dispatch TO THE NEW York HERALD
New York Herald Bureau,


New York Herald Bureau.
Washington. ID. c., Sept. 26.
1 Prohibition Commissioner Haynes
has been instructed from the White
House to confine rum raiding activi-
ties Of the dry navy to- the three mile
I limit
After two hour discussion to-day
forts in prohibition enforcement would
involve the nation in international diff
ficulties. This decision. with necessary
!. instructions. was communicated imme-
diately to the prohibition enforcement
/ division through Secretary of the
Treasury Mellon.
Commissioners Haynes was cautioned
not to go ahead with any general pro-
gram of search and seizure beyond the
internationally recognized three mile
limit. He was told, however. that
where vessels lying further out COM
municated with the shore by their own
boats or through their own crews they
might be taken. Such intercourse with
the shore is regarded as landing, in
violation Of the customs regulations,
and makes the vessel liable to boarding
| and search. The Prohibition Commits
| sioner was told that proper discretion
any action which would bring interna-
tional complications.
Regulation of Clearance Papers.
Negotiations with respect to interna-
/ tional agreements on clearance papers
are making progress. 1t is understood
that an agreement will be reached be-
I tween Great Britain and the United
/ States which will end the practice of
some vessels under the British flag taxi
| ing out two sets OF clearance papers,
1 one for an American port and another
for some foreign or Canadian port,
which could be produced in case of
boarding by prohibition officials.
| Mr.. Haynes would not state in what
manner the orders to his rum chasers
would be changed. He indicated that
| enforcement measures relating to for
| eign ships at sea would conform strictly
to the wishes of the President.
Mr.. Haynes said he had only learned
informally of the Presidents views, and
for that reason he did not care to say in
what respect the enforcement program
may be altered. He expected to revise
Instructions governing ship seizures afr
| ho confers with Secretary of the Treas
| ury Mellon
We Will conform to the Administra-
! tons wishes" Mr.. Haynes continued
1t Is my purpose to cooperate with other
! Government departments and cause as
! little embarrassment as possible until
the diplomatic questions raised are
settled
VIII Follow Different Policy.
Mr. Haynes said the course followed
by the prohibition unit has been based
on provisions OF existing law as inter-
preted by the law officers of the Gov
ernment He refused to admit that the
organization he directs has exceeded It's
authority. He indicated. however, that
q different policy regarding ship seizures
viii be adopted pending decision on the
diplomatic questions now up between
the State Department and British Am
bassador Geddes.
While diplomatic discussions arc
under way the Department OF Justice
will expedite the passage to the Supreme
Court of the United States Of a test case
involving seizure OF British liauor ship.
Attorney General Daugherty said
questions at issue are involved in the
case OF the British schooner Grace and
Ruby. which was seized last winter by
American agents off Salem, Mass, out
side the three mile limit Judge Nor
ton of the Federal District Court Mt
Boston held the British ship was guilty
OF smuggling. The Grace and Ruby was
mother ship to another liquor schooner
the Government alleged. The case prob
ably will be taken to the Circuit Court
OF Appeals before IL reaches the highest
court.
The Department of Justice said Judge
Morton's decision against the Grace and
Ruby held that the vessel violated the
ole ''hovering act" passed by Congress
in 1897. This law was designed to
check smuggling
Instructions cautioning dry agents not
TO enter upon program of searching
ships beyond the three mile limit for
contraband liquor have been received
from Washington by the prohibition
NAVY, John ID. Applcby. commander OF
the dry fleet. said yesterday:
I'VE have always confined our actvi-
ties at sea within the limitations Of The
three mile ruling" said Mr.. Appleby.
''The Treasury Department ruling giving
authority to dry navy rum chasers to In
vcstigate cargoes of vessels outside OF
the three mile. limit is not in conflict
with the decision made yesterday by
President Hardlng's Cabinet. We have
not seized any ships outside OF the
three mile limit unless they have vio-
lated customs laws by carrying broken