Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-10-19
PROMPT PROTEST

Washington. Oct. 1S.-(By A. P.)-
Seizure by prohibition enforcement
officials carly this week OF the Ca
madam schooner Emerald, off the
New Jersey coast. has teen made the
ground for formal protest BY the
British government, the contention
being that the vessel was outside
American jurisdiction. Pending de
tailed official adviccs from the off :
GERS who made the Seizure CONNIE nj
as to the probable attitude cf tie
Washington government was not
available today
The only report received at pro
libition enforcement headqua tiers
said the Emerald had been taken for
alleged liquor smuggling while in
communication with shore from a
point beyond the three mile limit.
The message did not say specifically.
it is understood. that the Emeraid's
own boats were plying between ship
and shore. 1t was assumed at the
prohibition enforcement bureau that
such was the case. however. and that
/ the ship, therefore. fell With the
recent government ruling as to oper-
ations beyond American territorial
waters
The British protest, which Aas
presented to the state Department.
is understood to assert that the
E,merald's boats were not in touch
with shore and that there was. there
fore. no warrant under the an
nounced policy of the American gov
eminent itself. for interference with
the Canadian craft. There was moth
ing to indicate that the statement
that the Emerald was seized a;slf,
miles off the coast and would be
disputed and the diplomatic cores
pondence apparently turns upon the
question as to whether the schooner
was in touch with shore through her
| own boats.
The case is the first of its kind
to arise under the administration
policy, recently announced, Of con-
fining prohibition enforcement orer-
atoms strictly to the three-mile limit
Of territorial waters, except in one
circumstance of a vessel beyond that
limit. but sending contraband ship
ments ashore in her own boats. The
American position in that regard is
held to rest on International prece-
dent.
That the British authorities are
convinced the Emerald case does'not
fall within the rule was made plain
by the promptness with whic'; Il
. protest was lodged with the State
Department. Framing of the Ameri-
can reply necessarily awaits an Off
cial report from the treasury setting
out the facts of the seizure. Should
that sustain the belief here that the
ship was using her own boats to
transport liquor to SHORE when seized.
presumably the diplomats phase of
the incirent would be c'osen. snd the
case be allowed by the f'ritish to so
to legal determination
In view Of the British refusal to
consider the working out of treaty
to permit search Of suspected liquor
smuggling craft up 10 ~ mills off
, shore, it appeared unlikely that the
Washington government would at
tempt to defend automatically che
, more drastic action of seizure be-
yond the three mile limit. except
where the conditions met the rule
laid down. The attempt to reach an
agreement for search such as that
! proposed by Secretary Hughes. has
been officially described at the state
Department as closed incident. The
Emerald case apparently rests wholly,
/ therefore. on determination of the
! facts.