The Republican journal., 1922-10-12
THE THREE-MILE LIMIT

1t is believed that more liquor is snug
gled into the United States along the
Atlantic coast than in any other place in
this country. This liquor comes, most
of it, from the Bahama Islands in vessels
flying the British flag, but occasionally
under the flag of some other nation. The
suppression of this smuggling is one of
the most difficult problems with which
prohibition officers have to contend.
Last July an amendment to the tariff bill
was prepared which declared that any
officer, whose duty it was to enforce the
prohibitory law, might 60 on board any
vessel at any place in the United States
or within 4 marine leagues (about IL
miles of the coast of the United States
and search such vessel for Intoxicating
liquor. Good sense prevailed and the
amendment was not presented to Con-
gress, the proponents having been in
formed by the Secretary Of State, Mr.
Hughes, that the g. mile limit was gener-
ally accepted among the maritime ma
tions of the world as the limit of a ma
tons jurisdiction over the adjacent sea,
and that the Government had on more
than one occasion committed itself to
that limit. Hence he thought that, if
the Smile limit was to be changed, there
should be an international agreement
al he
ence with foreign vessels outside the s.
mile limit might subject this government
to claims for damages and perhaps bring
about very serious international compli-
cations, especially at the present time.
1t is not definitely known when the s.
mile limit first came under discussion but
as early as 744 an eminent Dutcn iurist,
the president of the Supreme Court of
Holland, after considering the matter,
said:-"On the whole it seems the better
rule that the control of the land over the
sea extends as far as cannon will carry,
for that is as far as we seem to have both
command and possession am speak
ing, however, of our own times in which
we use those engines of war; otherwise |
should have to say in general terms that
the control of the land ends where the
power of mans weapons end; for it is
this that guarantees possession"
This was guarded expression of the
old doctrine that might makes right.
About 100 years later cannon and ammu-
milton had been so greatly improved that
three miles was considered to be the ex-
treme limit of effectiveness, and after
opinions had been given by the most emi-
nent students and exponents of common
and international law of Great Britain,
France, Italy, Spain and the United
States, all fsvoring it, the Smile limit
was adopted. There was no information
al conference, there was no treaty and no
laws were passed establishing it. Writ
ing on this subject only five years ago
the foremost of English authorities on
international law said:-'It may be
doubted whether the s. mile limit has ev-
er been unequivocally settled"
1t is true, however, and also quite re
markable that the Smile limit has been,
practically, a law unto all the leading
maritime nations of the world. AL
though but rule, it has seldom been in
fringed
Today the effective range of cannon
from an up to date shore battery is IL or
Is miles and nearly all the leading au-
thorities on international laws and US
ages in recent years have said that there
are no legal reasons why the 3-mile limit
may not be increased to distance
of at least the range of modern cannon.
On this matter the American view is
clearly shown in Kents' Commentaries, a
work which has passed through IA edi-
tior and revisions, and stands in the
highest repute as legal classic. In the
edition of 1896 we find the following: "All
that can reasonably be asserted is, that
the dominion of the sovereign of the shore
over the contiguous sea extends as far as
il requisite for his safety, and for some
lawful end" According to cur
rent ideas of modern authority the gen.
eral territorial jurisdiction extends into
the sea % far q cannon shot will reach
and no farther"
Although the smile limit has been,
with few exceptions, respected by the
nations, it il now the almost unanimous
opinion Of the international jurists of all
the leading maritime nations that the s.
mile limit rule should be changed to Is.
HJiIZ2. ID Case Of Accidents
cuts. scalds, Burns,