The New York herald., 1922-10-20
LANDING Big ISSUE
IN LIQUOR SHIP CASE
Question of Whether the Eme-
raid Was Communicating
With Shore Is Factor.
MELLON ASKS FACTS
British Demand Three Mile Or
der in Seizures Be Made
Retroactive.
MELLON ASKS FA
Special Dispatch to THE New YORK HrsAsD.

Special Dispatch to THE New York HERALD.
New York Herald Bureau.
Washington. ID. C.. Oct. 19.
Secretary Mellon has called on Pro-
hibition Commissioner Haynes for re-
port on the seizure of the Canadian
schooner Emerald to be used by the
State Department as basis for an
answer to the British inquiry. The
British representations apply to all pre-
vious seizures of British craft in which
1t has not been established that technical
landings on the American shore were
made.
Disposition of the case and the atti-
tude of the United States Government
depends on whether the Emerald was in
communication with the shore through
her own boats or her own crew. 1t was
said officially to-day that if it is shown
that she was not thus in communication
she will be promptly released. a II it is
shown that the vessel was in touch with
the shore through her own agencies then
she will be held.
Customs regulations drawn originally
to cover general smuggling are spe-
cific and are recognized internationally
Communication of foreign vessel with
the shores of another country Is ac-
cepted as a landing and makes the
vessel liable to customs and other regu-
lations which would apply should she
come into port with an additional bur-
den of suspicion OF no good object.
AS soon as he receives the Haynes re-
port Secretary Mellon will transmit 1t
to the State Department. 1t is recog-
nized by officials that the burden OF
proof of landing rests upon the Amer
lean authorities. A statement accom-
panying the British inquiry set forth
that the Emerald made no such land
ing. Consequently a showing Of fact
must be made.
The Emerald case will not affect the
general situation in regard to liquor on
foreign ships entering American ports.
The hope of the Administration is in
Judge Hand of New York. This means
that leaders in Washington would like
TO see the decision go against the Gov
ernment so that enforcement action de-
manded by the law might be held in
allegiance by an injunction.
Upon the outcome of the New York
proceedings depends the action to be
taken by President Harding in recon-
mending changes in the Volstead act.
The President is being besieged by both
vets and drys. but some Of the drys
are hoping with Administration leaders
that the injunction sought WIN be sus-
ldllleu. luty 40 not walt lcSlS-
lation or amendment of the Volstead
act. They are satisfied and would not
care to see the question of enforcement
reopened in the face Of an apparent
necessity for modification of the act
r-- Commissioner Haynes and other dry
advocates take no such view, however.
Commissioner Haynes is for enforcement
first, last and all the time, and believes
that the law should be enforced as it
stands. without regard TO foreign gov
crnmcnts or possible difficulties in for
eign relations. He would go ahead and
seize all ships that carry liquor and de-
sfend this course with. the military power
of the Government IL necessary.
President Harding will wait on the
court decision before considering recon-
mendations to Congress for amendment
of the law. 1t is admitted that rigid en-
forcement of the law and the Daugherty
opinion as they stand Is impossible.
Should the decision by Judge Hand up
hold the Government and deny a perma-
nent injunction to foreign ship lines
Secretary Mellon will insist on a rule of
reason in all enforcement measures. He
will not permit seizure of a foreign ship.
at least until Congress has had oppor-
tunity to act and to make 1t plain
whether course which might even lead
to war should be pursued.
An interdepartmental conference on
the ship liquor situation was held at the
Treasury Department to-day. The con-
ference reviewed the projected regula-
tions for enforcement against foreign
ships. They have not yet been pro-
mulgated and may be delayed several
days.