South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-10-18
COURT EXTENDS
STAYS UNTIL HE
RULES ON CASE
Expect Record Before Oct. y.
When Daugherty Ruling
Becomes Effective.
A PPE AL Is CERTAIN
Judge Rebukes Attorneys Who
Take Remarks as Indica-
ton of Their Defeat.

NEW YORK. oct. 17-By A. p
Federal Judge Learned Hand
today reserved decision on applica-
tions by American and fore.gn-own-
ca steamship lines 20 make perma-
nent the stay restraining govern
ment officials from putting into ef-
feet the Daugherty ruling that yes
sells must not carry Liquor inside
the three mile line. even under seal
when touching AZ American ports.
Meanwhile Judge Hand extended
the stay he had granted last week
until he should reach decision
This decision. be indicated. probably
would be rendered before oct. -.
the latest date on which the Daugh-
erty ruling has been ordered into
effect EXtention OF the stay agscts
both American and foreign lines.
Judge Hand made known his IN
tentlon after listening 20 all day
arguments presented boy a large ar
ray OF counsel representing ten or
the most important tran-Atlantio
steamship lines and a number Of at
torneys representing Secretary Mel
ION and the federal prohibition en-
forcemeut headquarters.
The continuation OF the stay. he
made clear would hold even ~ ne
failed 20 announce his decision on
the injunction before OCT. 21. The
foreign lines affected by the extern
sion Of the temporary stay were tho
Cunard, Anchor. White star. French
International Navigation Holland
American. Scandinsvian-Amer
and Royal Mail steam packet The
American lines were the American
line OF the International Mersan-
tile Marine Co, and the United Anne
rican line
Some stays Original.
The stays We're original IN the
cases OF the Holland-Amertca
/ navian-1American and Royal
the original stay. ordereda-o yrarfk
/ Mail lines which though ungranted
the origiua. stay. declared through
counsel that they had cases Identical
with those of the other foreign lines.
Judge Hand announced DE would
receive briefs and papers tomorrow
and would attempt % make deci-
sion as soon as possible that the case
might quickly be brought 20 the sup
RENE court. Tho stay. he said.
would be valid until the entry of the
order on the motion for a Judgment.
United States District Attorney
by counsel for the foreign lines that
OF the government and accordingly
the granting or temporary STAY.
ne valid until a decision by the su-
premc court in denying the con-
tention OF his opponents that some
real damage no the steamship lines
would De caused by the enforcement
OF the paughertv ruling before a
final decision of the supreme court.
He declared that DE Jld not know
the intentions OF the treasury de-
partmeut which he represented ana
Of the government and accordingly
could object 90 the motion for an
indefinite stay.
Quotes British Legal Opinion.
NIr. Hayward closed the case FOR
the government by arguing tina
ships constituted territory az the
United States" in the meaning OF the
federal prohibition aC-. lie quoted
British opinion 70 support his con-
tentlon which. he said, had been rec
/ ognized legally IN most countries.
The federal prohibition amend
ment. he declared. was meant 20
cover every place under the iurS-
diction OF the United States in the
largest possible Interpretation or
Jurisdiction
The case for the American lines
was closed by CIetus Heating and
Reid L. Carr who declared that a
decision unfavorable 20 them would
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