Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-10-26
DAUGHERTY RULING
AWAITS SUPR { N {
COURTS DECISION
Treasury Announces For.
eign Ships May Retain
Liquor Under Seal.
HALTS ENFORCEMENT
FOR INTERPRETATION
Secretary Mellon Issues State.
mcnt Explaining Fed
cral Attitude.
NO CHANGE AS TO L. s. SHIPS
Justfcc nrnndais Declines 10 Grant
StHy After Advised of New
Action.
HALTS ENFORCEMENT
FOR INTERPRETATION
NO CHANGE AS To L. s. SHIPS
Justice hrnndais Declines 10 Grant
stay After Advised of New
Action.
tRy Associated pressI


the acQuicscencc OF counsel for the
Federal government In the petition.
supreme Court Justice Brarde!s to-
oaF refused To grant foreign shin
PING lines stay against the en-
ioTccmcnt OF Federal Judcn Hands
decision at New Tork Yesterday
which applies American prohibition
regulations against their transpor-
tati"n of intoxicating liquors in
American waters.
simultaneously with the refusal OF
.he supreme Court Justice to give ro-
'ief TO the complaining ship COM
names however, il was announced
at IN" Treasury Department TINT. FOR
tho present, at least, foreign s,,,.
would stu be permitted as a matter
OF policy to enter American waters
win liquor on board under seal.
Appeal Befors Court No. IT.
Representatives OF tho shin COM
pa"'eS saiu afterward that. in view
OF tnc 'urther postponement OF en-
,oreemcnt OF the Daugherty bone
ory ruling against their vessels Jua
ticc Brandeis' refusal to grant a iu-
Hiciai stay would not intorfere With
the working out of the whole oues-
tioh In a manner satisfactory both
20 the lines and to the government
IL was indicated that the appeaI IT.
set would he laid before III, Sill
preme Court when II rcconvenes on
november l3. and that a decision
would be forthcoming before this end
of next month.
me attempt OF the complaining
snip companies to prevent enforce
nent OF the paugherty ruling took
the technical form OF an application
loi writ OF supersedeas to over
rae tho decision OF Judge Hand, who
n"" refused TO grant them an injunc-
tioh against enforcement officers.
The application was presented ,o
Justice Brande!s as the member Of
;he supreme Court assigned to IN.
circuit In which New York Is To-
Gated.
Await Final interpretation.
Enforcement Of the national pro.
n'p''ioh IA" with respect to foreign
A"'pP'hs within American territorial
waters VIII await r final interpreta-
ton of that section of the statute
py the supreme Court. il was indi-
Gated today by high administration
ohicials This Interpretation is eS-
Pected by government officials late
next month or in December.
decision OF tho executive denart
| meht to withhold enforcement OF tho
law. as construed by Attorney-Gcn-
erai DauSher:y in his opinion OF Oc-
tober 8. was formally communicated
today to Associate Justice Brandeis
or the supreme Court. who subse-
| dueni!y refused to grant various
steamship lines stay against the
enforcement OF Federal Judge Hands
decision AT New York diminishing their
Application for permanent Injunction
| restraining Federal agents from an
plying the Noistead act
Removes Necessity for stay.
Justice Brandeis, who is sitting in
chambers. was understood to have
agreed with counsel for the govern
| ment and the steamship lines that the
decision TO withhold enforcement had
removed any necessity for legal
stay through writ OF supersedeas
which had been requested by the
lines and acqulcsced In by the De-
i'ortment OF Justice. The decision
as 10 enforcement was Incorporated
IN formal order issued by Score
tary Mellon 10 customs officers and
prohibition agents, which was drafted
after Mir. Mellon had conferred at
length with Attorney-General DauSh-
erty The order was explained in
this statement by the Treasury secre
tary:
Regulations are being prepared
by this department for putting into
| effect the opinion OF tho Attorney
Eenerai OF october 3. 1922. but the
subjects TO be covered are various and
OF a complicated nature which are
requiring considerable time and the
attention OF the several different de-
arr
| regulations have been worked OUT.
those at present in force will pre-
vail. and have today issued I,
the chief OF the division OF customs
and the commissioners OF internal
revenue an order TO that effect.
Can Netnin Liquor Under Seal.
Therefore. until the new regu-
la,ions are available. enforcement
OF the Law VIII continue as hereto
fore. For instance. foreign ships
entering American territorial waters
with liquor on board as cargo un-
der seal can for The present proceed
under such seal to their destination
IN foreign port, and sea stores in
such foreign ships which are re-
quircd to be sealed on arrival or
the vessel within American ports.
can. when such stores are required
~ "'' va '''e ''i'Sc'S anu crew
OF the vessel. be opened only from
time TO time for wNhdrdwa! for
such purpose, but must he imme-
d'ately resealcG. This applies to
foreign vessels only. and OF course
forbds the sale or sery, OF liquors
20 passengers within american ter
ritoriai waters.
VIII Give Reasonable Time.
When the regulations governing
enforcement OF tho law are com.
pleted and approved. notice will b.
given OF the date on which they VIII
become effective, and rs4konabIa
lContinued on Page Q. Column a.