South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-10-26
INTERPRETATION
BY TRIBUNAL ON
RULING AWAITED
Supreme Court Expected TO
Decide Late Next Month
or In December.
JUSTICE REFUSES STAY
Says Decision to Withhold En-
forcement Removes Ne
cessity for Writ.

WASHINGTON oct 25.-CBy A.
P)-Enforcemeut OF the national
prohibition law with regard TO for
eign shipping within American ter
ritoriaI waters viii await a fnaI in-
depreciation Of that section OF the
statute by the supreme court IL was
indicated today by administration
officials
This Interpretation is expected by
government officers late next month
or in December.
DecisSn of the executive depart
ment 10 withhold enforcement of the
law as construed by Atty Gen.
Daugherty in his opinion or oct. 8
was formally communicated today by
Associate Justice Braud-es OF The
supreme court who subsequently, re-
fused 10 grant various steamship
lines "a stay against the enforcement
OF Federal Judge Hands decision az
New York dlsmissing their appIica-
ton for a permanent Injunction re-
straining federal agents from apply
ing the V0Lstead act
removes y cf'c@SiEN.
Justice Braudeie who was sitting
i'm the chambers. was understood 20
pauies in their petition 20 Justice
government and the steamship lines
that the decision 10 withhold en-
forccmcnt had removed any necessity
for a legal stay through a writ OF
supercedeas which had been re-
quested boy the lines and acquiesced
in by the department. Of justice. The
decision as 10 enforcement was .n-
COrporated in a formal order issued
by Secy. Mellon 20 customs officers
and prohibition agents which was
drafted after Mr. Mellon had con
ferred at length with Att.-Gen.
Daugherty.
Counsel for the steamship com
panies. in their petition to Juistics
Brandels commended that enforce
ment OF the Daugherty ruling would
cause irreparabIe damage 10 their
business and would lead 20 diplo-
matte difficulties
a statement boy the department.
OF justice emphasizing that the gov
eminent did not concur tu these con
teutions and acquiesced in tho petit
tion for a writ solely on the ground
that preparations had been complet-
ed 20 expedite consideration Of the
case by the supreme court
This position was taken the
statement said. because attorneys
for the steamship companies are on
Nov. 13 entering motion before
the supreme court 20 advance the
Lrerf~r. - .lrt- -.--r-r 90 Rrrr- on
To Join In Request.
The government will join IN this
request for advance hearing and
II is the custom OF the court 20
grant such joint petitions.
one Of the elements entering into
a decision 20 defer enforcement is
understood 10 have been desire
TO avoid any possible International
emharrassmert- pending "a final IN
depreciation Of the Jaw by the court
Of last resort. Protests against en-
forcement OF the law are expected
from foreign governments and more
particularly from those whose laws
require the serving or alcoholic beve-
-aRes TO members OF the crew Of
ships flying their flags
Should the supreme court uphold
the Daugherty ruling some admin
istration officers have said a situs-
ton might Do brought about which
would result In "A quest FOR congress
70 mod - the Eolstead act.
While le Daugherty ruling luso-
far as affects American vessels. al
ready has been put into force pro-
ribltiou officers exp aimed today that
-his ruling d.f not prohibit such
crafts from carrying liquors FOR
purely medicinal purposes.