Evening star., 1922-06-17
LIQUOR ON SHIPS
CALLED VIOLATION
Ex-Acting Attorney General
Declares Law Prohibits
Sale on U. S. Boats. .
Special Dispa tch to The Star.

Special Dispa tch to The Star.
CHATTANOOGA, Tenn. June H.
The sale of liquor on any American
vessel is a violation Of the prohibit
tion act. in the view of w. L. Frier-
son OF this city. who. as acting At
terney General of the United States
during the Wilson administration.
rendered the official opinion that the
dry laws applied to vessels on the
high seas Not only is this so. Mr..
Frierson' said today, but all OF the
opinions Of the courts up to and in
Guiding the Supreme Court uphold
this view.
THE right of the United States gov
ernment to punish offenses committed
on the high seas always has been
recognized" declared Mr.. Frierson.
ANY act of Congress which has a
force on a vessel flying the American
flag as 1t would be on American soil.
Congress has exactly the same power
to legislate and make particular acts
crimes when done on American yes
sells on the high seas that it has to
make such acts crimes in the District
OF Columbia, where 1t has plenary
powers of legislation.
SPECIFICS Particular Crimes.
"Since the high seas are not within
the territorial jurisdiction Of any fed
eral court Congress has the power to
designate the particular federal court
which shall have jurisdiction of such
ofrenses. and this it has done In the
past. The contention that the prohi l.
bition laws have no force on the high
seas is based on the fact that Con-
greSS has, by statute, enumerated GER
tain crimes such as murder. rape, rob-
berry. theft, etc, which, when com,
be punishable in the federal courts
The argument is that such an enum-
Grafton shows an intent that otheI
offenses shall not be punishable.
"The answer to this is that the OF
fenses enumerated are such as are
legislation. They are offenses as &c
which Congress has no power te
enact legislation which will be effec-
tive at any place which Is subject te
the jurisdiction of state government
State laws against murder ana sim
liar offenses have no force beyond the
borders of the state enacting them
Congress alone has any power tc
enact laws which will have any lorct
on the high seas. 1t was necessary
therefore, that a federal law snoulo
expressly make murder and similar
oYsnses crime when committed or
the high seas or these offenses otneI
wise could not be punished in the 1eo'
eral courts. .;..
But there are subjects over whicf
Congress- has plenary powers OF lesis'
Ia ayion. On these subjects it may en-
act general laws which Will be IN
force throughout the general 5uris'
diction of the United States. Thus
general law against counterteitine
yould apply to the offense whetnef
committed on land or on an amer
can vessel. Even before the adoptior
NJ the eighteenth amendment the
argument was sound. Congress mac
the mower to prohibit the sale ol
liouer wherever it had plenary powers
II actually prohibited such sales N
the District of Columbia. 1t could
have prohibited it on American YES
sells either by special act or by gen.
eral law prohibiting the sale In any
place not subject to the )urlsolctlon
IT a state. But it had done neither
The eighteenth amendment, how
ever. gave Congress the power tc
leeislate on this subject without re-
pard to state laws. And when 1t was
passed a general prohibition enforce
ment act that law was enectlNe WneI5
ever the jurisdiction OF the Uniteo
states extends. including American
ships on the high seas.
ITO nv mind there is no DOUBT una
the prohibition law. as expressed ey
congressional action under the eisnt-
eenth amendment, is the law OF tne
land applicable in every place suoJect
to the jurisdiction of the United states.
and this includes ships in American
registry on the high seas:
Copyright. 192c)