Albuquerque morning journal., 1922-12-31
JURISDICTION Of
SUPREME COURT
IS CHALLENGED
Has No Right to Consider
the Appeals Brought in
Dry Ship Case, the Gov
ernment Contends

Washington, Dec. 30.--Challeng-
ing the jurisdiction of the supreme
court to consider the appeals
brought by foreign steamship COM
panies from the prohibition ruling
of Judge Hand at New York and
Insisting that the authority of con-
gress extends to control over in
toxieating liquors on American
ships on the high seas, the federal
government today filed with the
court two briefs which will be used
as the basis for its oral argu-
ments next week, when the ap-
peals are reached.
With regard 70 the proceedings
instituted by the foreign lines, the
government declared 1t had not
consented to be sued and that suit
against il could not be sustained
without its consent. 1t also ques-
toned the right of the foreign
companies to bring appeals, in
sisting that they had. other rem
edies at law open to them and had
not presented a cause for action.
The appeals OF the American
lines were not challenged on the
ground of jurisdiction, but the
government insisted il congress
could prohibit American ships
from including intoxicating liquor
In their cargo, 1t could also pro-
hibit them rom having such liq-
uor IN their sea stores for use by
passengers while on the high seas.
There ID no distinction in law be-
tween the cargo and sea stores,
the brief held, so far as exercise
OF authority by the United States
Is concerned.
In its brief dealing with foreign
ships, the government declared
that any difficulty the foreign
steamship companies might eXper-
fence in obtaining adequate crews
by the barring of Intoxicating liq-
uors in American ports could be
readily obviated by the payment Of
higher wages.
It was insisted that the prohibit
ton against bringing liquor within
the territorial jurisdiction Of the
United States deprived the compa-
nies Of no rights under existing
treaties.
Cloak for Smuggling
II the position of the foreign
steamships was correct. the gov
ernment asserted, It would mean
that any ship could carry liquors
within the territorial waters Of the
United States. A large and profit
able business has been carried on
by vessels of foreign register bring
ing liquor ip the country contrary
to le1T. tho gofrrAment asserted
charging that former rulings OF
the treasury department had ac-
tually been used az q cloak for
smuggling. Should the foreign
steamships win their contention,
there would be q great increase of
these operations, the brief added.
The international mercantile
marine would be materially in
jured, the government stated,
should the foreign ships be per-
mitted TO bring liquor into this
country and thus continue their
sales on the high seas While the
American ships are cry
Asserting that the prohibition
amendment was to commit the
United States as nation unalter-
ably to the policy Of suppressing
with all its powers the drinking of
liquor as q beverage in every place
to which its jurisdiction extends,
the brief argued that prohibition
ia applicable wherever the L. S.
has jurisdiction.
"There can be no doubt--that
congress intended that prohibition
should apply to the ports and lit
teral waters of the country" the
brief asserted.
"The bringing Of liquor within
our harbors, the storage Of it on
vessels, and the carrying of 1t then
with open intent to use it for a
condemned purpose, would plainly
constitute a direct menace to the
national policy of prohibition