The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1922-10-22
Ruling
in Force at
Decision of Attorney General
Prohibiting the Sale of
Liquor on Steamships
Becomes Effective.
Hope for Court Action

Washington. Oct. 2l.--tBy A, P1-
Provisions of the liquor statutes
held by Attorney General Daugherty
60 prohibit transportation and sale of
alcoholic beverages on American yes
sols anywhere. ana on foreign vessels
within three miles Of the United
States coast, became effective at mid
night.
The extension Of time ordered by
President Harding 10 permit ship
lines 10 arrange their afafirH 10 con.
form 10 the ruling. expired ut mid
night aud enforcement officials de-
olured suggestions for another exton.
sion had not been approved.
II was considered probable that sew.
ornl days would el9pse before Gus
toms and prohibition agents would
have at hand specific instructions na
"a the scope Of their authority through
the Daugherty opinion, but this, Il
vas declared, would have 10 offect
on the operation Of the law. A for
eign vessel, smiling with liquor today,
H. was said, would be liable 20 the
penalties fixed by tho Volstead act.
II II entered American waters bcarinf
that cargo.
American Ships DRY"
American ships. under tho rulinf
Of the attorney general, which re
ccived the formal approval of presi
dent Harding, are prohibited from pos
sessing liquor, regardless Of where
they arc In operation. The ban waf
made operative as TO shipping bourt
tonnage as soon as tho ruling wni
published, though time was allowet
for the disposal Of any Illicit stoclti
on board vessels Of the fleet then a
sea.
Enforcement officials are hopeful oI
a decision from the federal district
court IN New York--where the new
Interpretation OF the law IL under fire
by both foreign and American lines
before the arrival OF vessel In VIC.
lation Of the ban necessltates punl.
tive action against tho ship. the
agents and its master, as required By
law.
1t In pointed out that only vessels
which clear from foreign ports after
midnight come within the restrictions.
thus giving a further automatic
stay" OF from five TO seven days IN
the cases Of most ships on the regular
Atlantic routes, and OF an even longer
period with respect to ships crossing
the Pacific.
Have Power TO Act.
Absence Of formal instructions as 10
their procedure will not serve as a
deterrent on customs and prohibition
forces, 1t was declared. as the regula.
tons now standing are sufficient 10
permit them to act In cases OF sus.
pected violation.
Administration officials looked to an
carly decision from Judge Hand In
New York, to clear up the situation,
IL Misunderstanding permanent
injunction would restrain the govern.
ment from enforcing its Interpretation
Of the law--the decision would act as
an automatic stay, pending adjudlca-
tion OF the appeal which, the Depart.
ment Of Justice has indicated, would
be Immediately taken.
Should Judge Hand vacate the TEN.
porary order, however, the govern.
ment would be free to proceed with
enforcement unless and until the
lines affected brought some new action
in the courts.
Wait Detailed Report.
Reply by the State department TO
the protests of Great Britain against
seizure of the Canadian schooner
Emerald still was awaiting report
from the New York prohibition di.
rector giving details OF the case
against that ship. The brief report
received Friday, declaring the Emer-
aid had Illegally communicated with
the shore by means of small boats.
was not considered sufficiently inform.
ative for the purposes Of the State
department. which had requested Sec
retary Mellon to obtain and transmit
all details bearing on the incident.
Under the policy announced by,
President Harding enforcement OF the
liquor and customs laws at sen would
be restricted 10 the three.mlle zone
except IN cases OF ships which had
established communication with Amer,
lean territory by their own boats or
in such manner as brought them
within the puryiew Of court decisions
holding such craft 10 be legally within
the zone. although physically outside,