Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-09-30
SMILE LIMIT CASE
TO SUPREME COURT
Expccl Ilighes, Tribunal 10
Decide on Seizure
Rights.
80 ACT ON TEST CASE
Government Hopes To Get
Searching Powers Beyond
Marine League.
20 ACT ON TEST CASE
m Associated pross1


.WNSIINGTON. sept; 2a-:arly de-
'fsion by the United states Supreme
Court upon The question OF Federal
Jurisdiction over foreign vessels en-
g1iGcd in Illegal activities outside the
three mile limit was forecast in gov
enmcn; circles today. after informa-
ton had been received tina; Fedora.
IndEe James NJ Morton. at Boston.
had certified" that question TO the
iaEhcst tribunal in tho case of the
schooner Grace and Ruby
Test Case Up.
When the October term Of The Su-
IRENE Court opens next Monday. the
government is prepared TO ask for
eHpcd!ttous consideration Of the
question ~ constituting the ctliH of
tho prohibition enforcement cam
IGtgn along the coast lines OF the
United states. Il is the custom OF
The cour, to grant such requests, ana
government officials expressed hope
today that n basic ruling soon would
&c had from which they could pro-
cred in dealing With matters now In
controversy with foreign govern
iherts as a result OF efforts OF pro-
hihition agents to stop the flow Of
srnugglrd liquors.
Necessity for early action was in
creased today by information shat
tac British government was about to
Iqucst tho release OF all vessels OF
British or dominion registry. which
fave been seized beyond the three
Eilc limit. unless they were cap
tuTed while engaged in traiiic with
:he share through the medium Of
tlA!r own boats. The British de-
ris ION was based II WAS said. on re-
cent Instructions from President
harding To Prohibition Commissioner
tiayncs ana to officials OF the Gus
TOMS service that they must cOntine
their operations against foreign
chipping 20 the marine limit fined by
International law.
" Judge Morton. in sending tho Grace
23d Ruby case to the supreme Court.
'ct forth that tho question which he
'tes!rcd 10 have ruled upon, was
whether his court had turisd!c; Ion
- !ibels for forfeiture and for penal
ncs against british vessel seized
ny coast guard cutter on the high
seas. under the circumstances which
obtained in the case OF the Grace
and Ruby
The case has been selected by tho
Department Of Justice as test for
the several which have arisen since
Commissioner Haynes began to pay
special attention to the ruln-runners
az tho sea. Oacials here said tho Ne :
lection was deliberately made because
Tho fact, as stipulated by the gov.
crnment and By the defense In the
Trial Mt Boston. were specifically in
line with the argumnt on which tho
government must rest its claim to
jurisdiction.
AZ
The vessel, British owned and com
!nauded by British subject. was
boarded about siN miles by a motor
Aoat from the American coast. which
Was then loaded with whisky and
returned to shore. towing small
boat from the visiting ship. II was
further agreed that certain members
az the crew went ashore with the
liquor aud on the part OF the govern
incnt--that the snip was seized out
Side tho three mile limit
Judge Morton ruled that while the
6!gh seas arc the territory OF TO ma
ZION" II did not follow that :. ma
ZION was power!eSs against vessels
attending against IL. laws" which
remained outside -; narrow limit. lie
quoted the opinion VI Chief Justice
Marshall n the case OF Church vs.
iiubhart, that "a nation could provide
by statute or other municipal regu-
l&t!on for seizure and forfeit OF such
vessels" which tTansg;e sscd the hos
pital!ty OF waters adjacent TO its
eoasts IF reasonably necessary fog
lis proper protaction and The enforce
ment o: its laws"
This opinion has been questioned
ny some experts on international law.
judge Morton said. and is perhaps
not entirely consistent with those
which have been expressed by our
State Department." but he added that
The decision o! CHE; Justice Marshall
had no; been overruled. and he must
therefore be bound 10y II until the
law IS clearly settled otherwise