Evening star., 1922-12-31
POWER
N WET SHIP SUITS
Government Attorneys At
tack jurisdiction in Appeals
by Foreign Companies.
CONTROL OVER U. S. LINES
Briefs Filed Yesterday to Be Used
As Basis for Oral Argu-
ments This Week.
CONTROL OVER U. S. LINES

NHdAAenSInS inc JuFlSQ1ctlOn OF tne
Supreme Court to consider the appeals
brought by foreign steamship COM
panies from the prohibition ruling of
Judge Hand at New York, and insist
ing that the authority Of Congress
extends to control over intoxicating
liquors on American ships on the high
seas. the federal government filed
be used as the basis for It's oral argu-
ments this week when the appeals
are reached.
With regard to the proceedings in
stituted by the foreign lines. the gov
ernment declared it had not consented
to be sued, and that suit against II
could not be sustained without its
consent. It also questioned the right
Of the foreign companies to bring the
appeals. insisting that they had other
remedy at law open to them, and had
not presented a cause for action.
Liquor in Sea stores.
The appeals of the American lines
were not challenged on the grounds
Of jurisdiction, but the government
insisted II Congress could prohibit
American Ship3 from including intoxi-
eating liquor In their cargo i, could
also prohibit them from having such
liquor in their sea stores for use by
passengers while on the high seas.
There is no distinction in law be-
tween the cargo and sea stores, the
brief held. SO far as exercise OF
authority by the United States is con-
in its brief dealing with foreign
.. ships the government declared that
any difficulty the foreign steamships
might experience in obtaining ade-
quate crews by the barring of tntoxi-
could be readily oprtated by the pay
ment of higher wages. j, was in
sisted that the prohibition against
bringing liquor within the territorial
jurisdiction OF the United states de-
prived the companies of no rights un-
der existing treaties.
If the position OF the foreign steam
ships was correct. the government
asserted. it would mean that any
| ship could carry liquors withiIt the
States A large and profitable busi-
ness has beer carried on by ves-
sells Of foreign registry bringing
liquor into the country contrary 10
law, the government asserted. eharg-
ing that former rulings of the Treas
ury Department had actually been
I used as a.--sloAk for smuggling
shcul the foreign steamships win
! their contention. there would be u
great increase of these operations,
, The international merchant marine
| would be materially injured, the gov
eruIrent stated, should the foreign
ships be permitted tc bring liquor
into this country and thus continue
their sales on the high seas. while
| the American ships are dry.
Ciassed ms Beverage.
The dictionaries were used TO es-
tablish the governments contention
| on the issue as to the meaning of
prohibit lion OF use OF liquor for
| beverage purposes. the conclusion
| being set forth that the vicious thing
! is drinking intoAicants for pleasure.
refreshments or from habit" The
! carrying CT ltquor upon ocean steam
i ships IS, the government asserted, for
beverage purposes"
TO support its assertion of 5uriS-
Gictioa over American vessels on the
| high seas. to the extent OF prohibiting
! them from having aboard Intoxicating
liquors for the passengers, the gov
| erDment Insisted III ITS brief regard
| ing the American lines that there
lis no distinction between cargo and
| liquor carried as tea stores from
liquor carried as cargo. or which
would indicate that liquor carried
as sea storcs is intended BY Con-
visions CT the eighteenth amendment
| and the national prohibition, act"
| Asserting that tho prohibition
amendment WIS to commit the United
! States as nation unalterab.y to the
policy OF suppressing. with all its
! powers. the drinking of liquor IS a
! beverage in every place to which
/ its jurisdiction extends the brief
argued that prohibition is applicable
wherever the United States has jur,s-
diction.
There can be no doubt that Con-
gress intended that prohibition should
apply to the ports and li;toral waters
of the country" the brief asserted.
| The bringing of liquor within our
harbors. the storage OF it on vessels
and the carrying of 1t thence with
| open intent TO use it for condemned
| purpose would plainly constitute a
direct menace TO the national policy
| of prohibition"