The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-10-18
JUDGE HAND TAKES
DAUGHERTY ruling.
UNDER AMUSEMENT
Court Extends Restraining Or
der Until Decision Reached.
Verdict Expected Before
October Fl
Nv Associated Press

New York, October 17.-Federal
Judge Learned Hand today reserved
decision on applications by American
and foreign owned steamship lines
to make permanent the stay restrain
ing government officials from put
ting into effect the Daugherty ruiz
ing that vessels must not carry liquor
inside the three mile line even under
seal when touching American ports.
Meanwhile Judge Hand extended
the stay he had granted last week
until he shuld reach a decision. This
decision, he Indicated, probably would
be rendered before October 81, tho
latest date on which the Daugherty
ruling had been. ordered into effect.
Extension of the, stay affects both
American and foreign lines.
Judge Hand made known his In
tention after listening to aii-day ar
guments presented by counsel repre-
sentfnR 10 OF the most important
transatlantic steamship companies,
Secretary of the Treasury Mellon and
the federal prohibition headquarters.
The continuation OF the stay, he made
clear. would hold, even IL he failed
to announce HIS decision on the In
junction before October 81.
Foreign Lines Affected
The foreign lines affected by the
extension of the temporary stay were
the Cunard, Anchor, White Star, In
ternational Navigation, French, Hol-
lnnd-America, scandinavian meri-
can and Royal Mail Steam Packet.
The American lines were the Ameri-
can Line OF the international Mer-
camille Marine company and the
United American Line.
The stays were original in the
eases OF the Holland America, Scan
dinayian- American and Royal Mail
lines which, though ungranted In
the original stay. declared that they
had cases identical with those of the
other foreign lines. Judge Hand an
neunced that he would attempt %
make q decision as soon as possible
SO that the ease might be brought
to the United States supreme court.
The stay, he said. would be valid un
til the entry of the order on the mo-
ton for Judgment.
District Attorney Objects
william Hayward. United States
district attorney, objected to mo-
ton made by counsel for the foreign
lines for the granting OF temporary
stay, valid until decision by the
supreme court. In denying the con-
tention of his opponents that serious
damage to the steam ship lines would
be caused by enforcement of the
Daugherty ruling before final SUI
preme court decision. he said that the
government had gone to great
lengths to avoid embarrassment TO
the ship owners.
Mr.. Hayward closed the case for
the government by arguing that ships
constituted territory of the United
States" in the meaning OF the federal
prohibition act. He quoted British
legal opinion to support his conten-
ton. which he said he had been rec
ognized legally In most countries.
The federal prohibition amendment,
he declared was meant to cover
every place Mnder the jurisdiction OF
the United States in the largest pos
sible Interpretation of jurisdiction.
Claims Great Damage
The case for the American lines
was closed by Cletus Heating and
Reid l.. Carr, who declared that de-
cision unfavorable to them would
mean irreparable damage to the lines
and TO American shipping,
"If the contention of the American
companies is not upheld" said Mr..
Heating, "a. 100000 spent on the
American fleet might just as well be
thrown In the gutter
Before the termination OF the
pleadings, Judge Hand reproved
counsel for the foreign lines for as
suming that my decision viii not b.
favorable This remark followed his
request that counsel for both sides
present their arguments as TO what
action he should take pending the
publication OF his decision.
When this request was taken as an
indication of defeat by foreign lines'
counsel. the Judge remarked that he
would make his decision more on tho
papers submitted to him tomorrow
than on the arguments heard in cours
today