Evening star., 1922-10-07

the mischief to be prevented and
the mischief to be prevented in pro-
hibition enactments has been con-
strued as the use OF Intoxicating
liquor as a beverage. a glance at
contemporary history and the condi-
ton Of affairs out of which the adop-
tion of the eighteenth amendment
arose compels the admission that it
represents the elimination Of fifty
years struggle of the American peo-
pie to effectively settle the problems
arising from the use of intoxicating
liquor as a beverage
To hold that the intent of Con-
Sress in proposing the wording of the
amendment. and of the states i'll rati-
tying 1t. was anything less than to
extend its inhibitions wherever the
judicial arm OF this government ex-
tended for any purposes. is to fail to
apply all the rules the Supreme Court
has laid down for arriving at the in
tent of constitutional enactment.
No Limitation to Lands.
THE term all territory subject to
the jurisdiction thereof expresses not
limitation just to lands. as the
word territory might alone be con-
strued. but rather an extension
wherever the jurisdiction Of the
United States may reach.
Certainly Shippinb Board vessels
operated and owned by our very
government itself are subject to the
jurisdiction thereof Every Ameri-
can vessel is for some purposes re-
Earded as a part OF American terri
tory and our laws are the rules for
its guidance
II believe. from the study Of the
history of conditions out Of which
the eighteenth amendment grew, it
is equally clear that the words ter
ritory subject to the Jurisdiction of
tln nj tad fAa srtA IN
extend it's provisions over every spot
where the flag Of America flies.
No Limit on Terms.
"The open oceans outside the ter
ritorial waters of nations have
long been regarded as the highway
of all, wherein all nations share the
privileges of tenants in common. If
then. the United States shares the
high seas as tenant in common with
other nations OF the world. the eigh-
teenth amendment would be broad
enough to comprehend the sea as ter
ritory of the United States in so far
as and where and when 1T is used by
. American bottoms.
AN examination of the national
prohibition act. by itself, leads to the
conclusion that Its operation is ex.
tended to American vessels on thu
high seas, since its terms are abso.
lutely general and have no limits Of
any sort. -
TT is a long established principl.
| Of municipal and international Law
that q nation has the right to make
and enforce laws covering it's terri
torial waters as well as its land.
! Clearly Violation Of Law.
'If. then, the bringing in of liquorl
by foreign vessels, as ship stores OF
otherwise. constitutes a Transports
|
! eighteenth amendment and the ma
tional prohibition act, it is clearly {
violation of the law that no execu
tive or administratN officer of tn,
government has the power to permit
| Under the reasoning of the cour
! it is no argument for the legality o.
foreign ships possessing and trans
| porting intoxicating liquors in ant
across our waters, that they do no
intend to use the liquors until aftel
leaving the jurisdiction Of the Unite'
| States.
| Are wo then to argue that such in
flexible provisions Of law. declared b!
| our Supreme Court as the constitu
tional policy of our country shall ap
ply to our own citizens, but be aban
doped when we deal with ships of I
| foreign nation?
! Repealed Prior Treaty.
| "The court carefully considered thi
| whole question in the Walker ant
] Anchor line cases and went so far q
to hold that the eighteenth amend
| ment and the national prohibition ac
| repealed a prior existing treaty will
| Great Britain.
| Prior to the sweeping and com
I prehensive construction placed upol
| the prohibition law in those cases, !
might possibly have been arguabl
whether liquors forming a. part OF tn
+, torial waters might be regarded q
| an implied exception to the natfona
prohibition act. { Whatever doubt
that may have previously existe'
have been swept away by the Ian
6uage of the majority opinion u
those cases."