The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-10-22
DAUGHERTY ORDER
GOES INTO EFFECT
UPON ALL VESSELS
New York Officials Ready to
Act Against VioIations--Le
gal Question Must
Be Settled


Washington, October 2f.--Provi-
sions Of the liquor statutes, held By
Attorney General Daugherty to pro-
hibit transportation and sale Of alco-
holic beverages on American vessels
anywhere and on foreign vessels
within three miles of the United
States coast, became effective to-
night at midnight.
The extension of time ordered By
President Harding to permit ship
lines to arrange their affairs to con-
form to the ruling. expired at mid
night and enforcement officials de-,
elared suggestions for 3 further ex-
tension had not been approved.
It was considered probable that
toms and prohibition forces would
know tho scope OF their authority un-
der the psugherty opinion, but this.
1t was declared. would have no effect
on the operation OF tho Law. A for
eign vessel. sailing with inhibited
cargo after today. It was said. would
be liable to penalties fixed By the
volstead act IL and when she en-
tered American coastal waters BEAR
ing that cargo
American shipA under the ruling
OF the Attorney General, which re-
eeived the formal approval OF Press
ident Harding. arc prohibited from
possessing" liquor, regardless OF
whore they are In operation. Tina
ban was made operative az to ship-
ping board tonnage as soon as the
ruling was published, though time
was allowed for the disposal of any
Illicit stocks on board vessels then
at sea.
enforcement officials are hopeful
of decision coming from the fed
eral court in New York--where tho
new Interpretation of the law Is un-
der fire by both foreign and Amer
lean lines-before tho arrival OF a
vessel in violation of the ban neces-
states punitive action az required by
law.
II ia pointed out that only vessels
which clear from foreign ports after
midnight tonight come within tho
restri ctions.
Absence of formal Instructions M
to their procedure win not serve as
a deterrent on customs and prohibit
tion forces. II was declared. as the
regulations now standing permit
them to act In cases of suspected
violation.
Expect Early Decinion
Administration officials looked TO
an early decision from Judge Hand
in New York to clear ths situation.
II acknowledgement q permanent
injunction which would restrain tho
government from enforcing Its inter
probation of thu law--the decision
would act az an automatic stay pend
ing adjudication Of the appeal, which
the department of justice has indi-
Gated would be Immediately taken
Should Judge Hand vacate the tenn
ment would be free to proceed with
enforcement unless and until the
lines affected brought some new ac~
ton in the courts
Reply of the state department 10
the protests OF Great Britain against
seizure of the Canadian schooner
Emerald tonight still was awaiting n
detailed report from tho New York
prohibition director giving details OF
the case against that ship.
The brief report received yester-
day was not considered sufficient by
the state department.
Under the policy announced by
President Harding, enforcement of
the liquor aud customs laws at sea
would be restricted to the three mile
zone except In cases OF ships which
had established communication with
American territory by their own
boats or In such manner as
brought them within the purview OF
court decisions holding such craft 10
be legally within the zone, although
physically outside.