Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-10-24
STAY IS GRANTED
To ALLOW APPEAL
To SUPREME COURT.
Governments Victory in
Every Contention to Be
Followed by Strict En-
forcennent of Prohi Laws

NEW YORK, Oct. 23.-(By tho.
Associated Press. - Federal Judge
Learned Hand today handed down a
decision Diminishing the motion of
foreign ship companies for a perma,
nent injunction restraining federal
prohibition agents from putting, into
effect the bone dry ruling of Attor-
ney General Daugherty. He extend
ed the stay temporarily, however,
providing that the steamship compa-
MES file an immediate appeal to the
United States supreme court.
Judge Hand decided in favor of
the government on all points. The
decision was rendered on the spe-
cific matter of the application Of
foreign lines for an injunction pro-
tecting from seizure ships carrying
liquor under seal on the eastbound
voyage from the United States.
The decision applies to both for
eign and American lines because of
the statement, made by Judge Hand
during the injunction proceedings
last week that defeat Of the no.
ton of the foreign lines would nat
rally bring about defeat of the
American lines motion for an in
junction. -
Everett Masten, of counsel for the
White Star Line, announced that his
firm and representatives Of the
twelve other foreign and domestic
lines represented in the proceedings
would bring an appeal as soon as
possible.
The original action against the
Daugherty ruling was brought by
the Cunard and Anchor lines, which
were later joined by ten other COM
panies. including most of the i'm
portant foreign and American lines
in the transatlantic trade. All
brought bills in equity, mentioning
Secretary Mellon, H. C. Stuart, col
lector of this port, and federal proI
hibition enforcement agents.
The Santa Luisa, which went dry
on the way from Valparaiso and
other South American ports arrived
today with only twenty passengers,
the smallest number officials Of the
Grace line Col1Id racou
Captain Williamson received or.
ders by radio to land all LIQUOR at
Cristobal. Promptly three English
men left the ship to finish the trip
under a British flag vessel. Other
passengers, with equal promptness,
slowed away a private stock, and the
night before the ships bar was
cleaned out staged wake for John
Barleycorn.
ALL LIQUOR STATUTES
TO BE RIGIDLY ENFORCED
WASHINGTON, Oct. 23.-The, Ii
quor statutes in all their broaden
ed scope outlined by Attorney Gen
eral Daugherty are now in effecr
and will be rigidly enforced, Prohi-
bition Commissioner Haynes de-
clared today when informed of the
decision Of Judge Hand in New York
refusing to issue a permanent in
junction to complaining ship com
panies.
Activities of enforcement agents.
Mr.. Haynes /said, naturally would be
made to conform to any legal limita-
ton imposed by the tentative STAY
from the New York court, but the
emphasized that no
extension of time would be
made in enforcement of the legal re.
lulrement for prohibition on Ameri-
2an vessels everywhere at sea and
On foreign ships within American
waters.
Mr.. Haynes said the decision in
New York was exactly what he and
lis legal staff had expected. and he
predicted a similar result whan the
,ase is carried to the supreme court
officials here expect the case +o
'ome up to the highest court as ran.
The expected report from New
ork giving details of the seizure $
II the Canadian schooner Emerald
ie'u AOt reached the commissioner
oday, but he declared the govern.
nent would find itself in a position
lecess1tating release of the Emerald
nd an apology to Great Britain for
Ter detention. The personnel of the
ry navy .Mr. Haynes said, was en-
rely conVersant with the scone Of
helr authority over vessels outsida
ne three-mile limit, and had in saw.
RAJ cases applied that authority.
lie was certain that seizure of the
'merald would be completely upheId
men the facts were in the hands or,
ne state department. -
Attorney General Raney, of Onta.
TO- conferred today with Mr.. HAYNES
elatlVe to further cooperation he.
"een the American and Canadian
order guards with a view to cu~hl
lg smuggling. The commissioners
AID later that as a result of the
sslstance of the Ontario administra.
on the problem of liquor smuggling
etWeen Windsor and Detroit had