Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-10-19
GREAT BRITAIN
FILES PROTEST
AGAINST ACTION
OF PRO AGENTS
Seizure Of the Canadian
Schooner Emerald Off
the Coast Of New Jersey
Is Subject of Complaint,
VESSEL OUTSIDE U. S.
JURISDICTION, CLAIM
Case Is the First of Its Kind
TO Arise Under the Ad-
nlinistration'S Dry En-
forCenent Policy.

Washington, oct. IS (by the AS
sociated Press. Seizure by prohl-
hition enforcement officials early
this week of the Canadian schoon-
err Emerald off the New jersey
coast has been made the ground
for formal protest by the British
government, the contention being
that the vessel was outside Ameri-
can jurisdiction.
Pending detailed official adyices
from the officers who made the
seizure, comment as to the proba-
BILE attitude Of the Washington gov
ernment was not available today.
The only report received at pro-
hibition enforcement headquar-
ters said the Emerald had been TAX
en- for alleged liquor smuggling
while in communication with
shore point from beyond the three
mile limit. The message did not say
specifically, it is understood that
the Emerald's own boats were ply
ing between ship and shore. 1t
was assumed at the prohibition en-
forcement bureau that such was
the case, however, and that the
ship, therefore, fell within the re-
cent government ruling as opera
tions beyond American territorial
waters.
Claims of Britain.
The British protest, which was
presented to the state department.
is understood to assert that Em-
eralds boats were not in touch
with the shore and that there was,
therefore, no warrant under the
announced policy of the American
government itself from interference
with the Canadian craft. There
was nothing to indicate that the
statement that the Emerald was
seized eight miles off the coast
would be disputed and the diplo-
matte correspondence apparently
turns the question as to wheth-
er the schooner was in touch with
shore through her own boats.
The case is the first of it's kind to
arise under the administration pol
lily, recently announced, of confin-
ing prohibition enforcement opera
tions strictly to the three-nlile lin-
it of territorial waters. except in
one circumstance, of q vessel be-
yond that limit. but sending con-
traband shipment ashore in her
own boats. The American position
in that regard is held to rest on
precedent.
Protest Lodged Promptly.
That the British authorities are
convinced the Emerald case does
not fall within the rule was made
plain by the promptness with
which protest was lodged with
the state department. Framing
of the American reply necessarily
awaits an official report from the
treasury department setting out
the facts of the seizure. Should
that sustain the belief here that
the ship was using her own boats to
reach shore when seized, presum-
ably the diplomatic phase of the
incident should be closed and the
case be allowed by the British to
so to legal determination.
In view of the British refusal to
consider the working out of trea-
ty to permit search of suspected
liquor smuggling craft up to ~
miles off shore, it appeared un-
likely that the Washington gov
ernment would attempt to defend
automatically the more drastic ac-
tion of seizure beyond the three
mile limit except where the con-
ditions met the rule laid down.
The attempt to reach an agreement
for search such as that proposed
by Secretary Hughes has been Of
ficially described at the state de-
partmentS as a closed incident. The
Emerald case apparently rests
wholly, therefore, on determination
of the facts.