The New York herald., 1922-10-17


Illicit trade with the United States.
and the proposals made by the United
States Government with this object
have received the most sympathetic
consideration.
With the object OF preventing the
development OF Illegal practices IN
connection with this traffic instrus-
tions had, i'm fact. some months before
the receipt of the representations
made by the United States Govern
ment. been sent to the Governor of
the Bahamas. who was at that time
requested TO see that no Irregularities
OF any kind should be permitted i'm
connection with vessels clearing from
that colony, and that the formalities
required in connection with such clear
ances should be most strictly en-
forced.
Instructions 10 Registrars.
Instructions have also been given to
the local registrars of shipping which
will, it is anticipated, have the effect
of preventing any future transfers of
United States vessels to the British
flag until a complete investigation of
the circumstances can be made. In
vestigations. which it is hoped will
shortly be concluded. are being made
into the position and proceedings OF
the vessels, list Of which was in
closed In your note Of June 26.
In dealing with the precautions to
be taken to control transfers from
the United States to the British flag.
the suggestion that in such cases the
local registrar of shipping should re-
quire the production of certificate
from the United States Shipping Board
hau ft1I1 aNa
been found that there would be great
difficulties in the adoption on British
territory of such a requirement and
Il would be still more difficult TO give
such a requirement the force OF law.
With a view. however. TO meeting
the wishes of the United States Gov
ernment on this point as far as Is prac-
ticable, Instructions have been given
10 the registrar of shipping at Mas
sau to the effect that in transfer
cases in which any possible doubt
exists as to the bona fide5 of the
parties to the transaction the non
production of the Shipping Board GER
tificate should be taken as a ground
of suspicion involving reference OF
the case to the Board of Trade in
London for further directions.
The delay necessitated by this pro-
cedure would it is hoped, be in itself
sufficient to reduce to a minimum
the danger OF transfers being success
fully effected in improper cases. 1t
may be added that If. in spite Of the
precautions taken, q fictitious owner
secures registry and there is reason
70 believe that his title is open to
question. an inquiry may be insti-
tuted under section 81 of the Mer-
chant Shipping act, 1906, and If, as a
result of these proceedings. ii becomes
clear that the transaction was fraudu-
lent the ship is subject to forfeiture.
Proceedings under this section of the
act had in fact already been insti-
tuted in some cases and the possi-
bility of instituting similar proceed
ings in the case of some of the ves-
sells referred TO in the note from the
State Department is being examined.
His Majesty's Government had thus
taken steps even before the receipt of
representations from the United States
Government to prevent the practices
to which attention has now been
drawn. They have now, as already
indicated. issued supplementary in
structions in the matter, and hope that
the measures taken will prove success
full in preventing any breaches of the
local law.
They feel, however. more difficulty
in accepting the proposal that treaty
should be made authorizing the au-
thorities OF each Government to exer-
else a right of search of vessels OF the
other beyond the three mile limit of
territorial waters UP to a distance Of
twelve miles from the shore.
Always Opposed Extension.
His Majestys Government have
H f.t1 ~ -
the limit of territorial waters such as
that now suggested They feel that
the outbreak of smuggling which has
led to the proposal cannot be regarded
as a permanent condition. but as one
which will no doubt be suppressed by
the United States authorities within
the not distant future. While there
fore. they are desirous of assisting the
United States Government to the best
of their ability In the suppression OF
the traffic and in the prevention OF the
abuse of the British flag by those en-
gagged in 1t. they do not feel that they
can properly acquiese, in order 10
meet temporary emergency. i'm the
abandonment of principle TO which
they attach great Importance.
In communicating the above to you
! am directed to add that while his
Majesty's Government are. as already
indicated, unable TO acquiesce in the
proposed treaty for the extension OF
territorial waters they are neverthe-
less most desIrous of taking any steps
within their power to prevent any in
fractions of the local law by persons
engaged In liquor smuggling.
I have the honor TO be with the
highest considerations.
Sir, your most obedient, humble
servant A. c. GEDDEs.
The American Note.
The Hughes note in full was as fol
lows:
June &c. 1922.
To THE BRITISH AMBAssApoR-Ex
LENcY:
| have the honor 10 lay before you
certain important considerations with
respect to a possible cooperation on
the part of British and American au-
thorities with regard to the snug
Cling of liquor. The authorities Of
the United States charged with the
duty of enforcing the law OF this
country with respect to this matter
are confronted by serious difficulties
whlc they feel might be effectively
mcf elth the assistance of British
authorities in British territories, which
u appe 1rs are made bases Of opera
tiona iu flagrant violation OF consti-
tutiQna nd statutory provisions of the
United ftates. 1t Is understood that
lrt rtation of intoxicating liquors
Into the Canadian prc1J1ces Of Nova
Scotia, Manitoba. Saska0Srf1 wan and
Alberta is also prohibited by law.