New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-07-14
I)rys Sure of Winning
Expect Executive Ruling to
include Vessels Under
u. S. Flag in Nolssead Act

e.o. rae TribMscs WGSkiarfoa Bnreau
4 WASHINGTON, July 10. Before
.porner General Daugherty and his
~ This afternoon was waged a fierce
ss~sl battle over the acute question
. shelter liquor can lawfully be sold
!. american ships. Whether Ameri-
5, sEips shall so dry through the
~.,ers OF the seven seas Will soon be
.,,ised By the Attorney General
s,raments were presented to him and
i. staff behind closed doors.
AZ the end of the hearing the At
..,,ev General allowed one week for
s,;,s Of briefs. This was taken to
r,.n that ne purposed 70 hand down
- ,,rlv railing. While it is uncertain
ws.t the ruling VIII be, drys are con-
sds,t tonight Trey will win, and it is
~ prevailing impression here that
,,sor will be excluded from American
,sips BY Executive order.
The dry advocates were strongly
,.nresented at the hearing. The Ship
,ine Beard was not represented
though the brief Of its counsel, Elmer
s,.lsssinger. holding liquor can be
ala IN ships was fled with the De-
,srtment Of Justice some time ago
The prohibition unit of the Treasury
nenartment was represented by Com
-;ss;onsr HAYNES and its counsel.
I,sge Britt. Ira Campbell, OF New
York. appeared as counsel for the
American Shipowners' Association, and
ms Pacific Mail Steamship Company
Vas represented by ". r. Harr as
counsel
Drys Out in Force
rov the Anti-Saloon League and four
..en national dry organizations, Wayne
, Wheeler. counsel for the Anti-Sa-
IAN League. appeared, and also A. E.
shasnaker. of Washington. The Rev.
Sam Small spoke on the dry side for
.Ss Reform Association. DR.. Z. G. Din
r;ddie smoke for the Good Tempiars.
vrs. Yost. legislative representative OF
he ". C.. T. u, filed brief. Various
o,bers interested in the hearing were
present.
The hearing lasted about four hours.
Two questions were argued, the sale of
gouor or American ships and the ques-
ion whether foreign vessels violate
the law in possessing liquor while In
American ports.
Mr.. Wheeler, as the leading exponent
81 the law for the dry forces, made this
argument:
sThe transportation and sale of in
suxssting liquor for beverage purposes
aboard vessels of the United States on
the high seas is unlawful under the
Egateenth Amendment to the Consti-
triton Of the United States and the act
n Congress, known as the national
prohibition act, enacted for its en-
forcemeat
"The possession OF intoxicating
liquor for beverage purposes is pro-
sbited on all vessels within the three.
81, limit, foreign as we'll as Ameri.
az
kiiction over vessels flying its flag or
tie high seas is we'll recognized in in.
tsrnatioral law, he held
Mr. Wheeler urged that offenses IN.
Ger the Eighteenth Amendment are
dTerent from other offenses defined by
Federal statutes, because the offenses
OF the ships on the seas are created
aud defined l'y the Constitution itself.
Dry Area All Inclusive
He distinguished the cases referred
to by the shipping interests on the
theory ttat the Constitution did not
define these ot7enses but simply au-
taoriled Congress to do SO, and it was
question Of wording Of the statute in
each Of these eases.
congress did not grant to vessels of
the United States Shipping Board any
immunity from the penal laws of the
uEitsd States, he said. He also made
these points:
IAecu[iVe offices may prescribe the
node OF carrying into effect what Con-
gisss has enacted but cannot amend
tie law
The purpose of the Eighteenth
amendment is conclusive of its cor
re-. construction. It prohibits manu-
iiletafe, sale and transportation Of
beverage liquor in all the territory
ssaolect to the jurisdiction of the
United States. Ships flying the Ameri-
S Ssa nag are territory of the United
t"e CONSTITUTION 1oIlo"S TIRE
rg Under no other theory of govern
aent could Americans or American
salgs be safe on the high seas.
>. mat Congress intended to prohibit
vac sale Of liquor on such vessels is
ttsneiusiyeiy shown by the fact that it
; ass consistently refused to enact leg
. s.sIon authorizing it, though insist
eatiy nesought to do So"
IL, In general, the dry advocates and
huge 5rltt took positions similar to
'Hs ~ OF Mr.: Wheeler
,ihhe chief point made by Mr.. Camp
sn was that the Eighteenth Amend
men nsas oy its language refers to the land
sa Oh the United States and applies
~. 70 the three-mile limit, but neither
~ - nor the Voistead act applies to the
.s e OF liquor on the seas. He cited
s as TACT Congress passed q special dry
iof the Canal Zone as showing that
~ s.agress did not regard the Volstead
~ s;..:s as all-inclusive. Mr.. Harr took a
mar ilar position. He contended that
ss sss Possession of liquor inside the
. s;sse-mile limit, if it was not posses
80 ioe sale, was not prohibited.