The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-10-28
SUSPEND
LIQUOR
RULING
Until Decision is Rem
dered by Supreme
Court to Expedite
Hearing

will. await final Interpretation
of that section Of the statute by
the Supreme Court. it was indieat-
ed today by high administration
officials. This Interpretation is eX-
pected late next month, OF in De-
cen1ber.
Decision to withhold enforce
ment of the law as construed by
Attorney General Daugherty was
formally communicated today to
associate Justice Brandeis of the
supreme court who subsequently
refused to grant various steamship
lines a stay against the enforce
,ment of Federal Judge Hands de-
cision at New York dismissins. their
application for a permanent in
junction restraining federal agents
from applying the Volstead law.
Justice Brandeis. was under
stood to have agreed with counsel
for the government and the steam
shin line that the decision. to
withhold enforcement: had removed
any necessity for legal stay
through writ of supereedas which
has been requested by the lines and
acquiesced in by the department OF
Justice. The. decision as to en-
.forcement was incorporated by Sec
retary Mellon to customs officers
and prohibition agents which was
drafted after Mr.. Mellon had con-
ferred at length with Attorney Cen
.eral paugherty. The order was eX71
planned in this. statement by the
Treasury Secretary.
Regulators are being prepared
by this department for putting into
effect the opinion of the Attorney
General of October 6. 1922, but
the subjects to be covered are va
rious and OF a complicated nature
which are requiring considerable
time and the attention OF several
different departments affected. Ur-
til the new regulations have been
worked out. those at present IN
force viii prevail, and 4 have to-
day issued to the chief Of the di-
vision Of customs and the commits
sioner Of internal revenue an or
der to that effect.
'.Therefore, until the new regu-
lations are available, enforcement
of the law will continue as here
tofore. For instance, foreign ships
entering American territorial va
tiers with liquor on board as cargo
under seal can for the present
proceed under such seal to their
destination in a foreign port and
sea stores in such foreign ships
which are required to be sealed on
arrival of the vessel within Ameri-
can ports, can, when such stores
are required for the use of the Of
fcers and crew of the vessel, be
opened only from time to time for
withdrawal for such purposes, must
be Immediately resealed. This ap-
plies to foreign vessels only and
of course, forbids the sale or sery-
ice of liquors to passengers within
American territorial waters.
when the regulations govern
ing enforcement of the law are
completed and approved, notice will
be given of the date on which they
will become effective and rea-
sonable time. will be given to for
eign shipping to meet the new con-
ditions.
.In the meantime, there is a pos
sibility that the case which is be-
ing expedited and which is eS-
.pected to come before the supreme
court during November, may be
decided, and in that event, the con-
templated regulations in prepara-
ton may have to be modified to
conform to the anticipated decision
of the court
Counsel for the steamship COM
panies in their petition to Justice
Brandeis contended that enforce
ment of the Daugherty ruling
would cause irreparable damage to
their business and would lead to
diplomatic difficulties. A statement
by the department of justice en-
phasized that the government did
not concur in these contentious and
acquiesced in the petition for a
writ solely on the ground that
preparations had been completed
to expedite consideration Of the
case by the supreme court.
One of the elements entering
into a discussion to defer enforce
sment is understood to have been
"a desire to avoid any possible in
ternational embarrassments pending
"a final Interpretation Of the law
by the court of last resort Pro-
tests against enforcement of the
law are expected from foreign gov
ernments and more particularly
from those whose laws require the
serving Of alcoholic beverages IT,
members of the crews of ships
flying their flags.
Bonar Law Advocates
Negative Policy