The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-10-07
DAUGHERTY RUlfS
SHIPS MUST NOT
TRANSPORT LIQUOR
Opinion, Which Will Be Put
Into Effect at Once, In
cIudes All American
Vessels

Washington, October 6.-All yes
sells, American and foreign owned,
are prohibited from having liquor on
board in American territorial waters,
under an Interpretation of the pro-
hibition amendment and enforcement
act, handed down today by the de-
partment of justice. Moreover, the
transportation Or sale of inoxicants
on American craft wherever oper-
ated, was held to be inhibited.
American territorial waters were
construed to include those not only
within the three mile limit of ctnti-
mental United States but also those
within the same limit of the Philip
pines, the Hawaiian islands, Porto
Rico, the Virgin islands and Alaska.
The law would not apply in the Pana-
ma canal zone.
So far as American ships nre con-
cerned the sale or transportation of
liquor will cease at once or when
those vessels reach home ports. In
the case of foreign ships the decision
VIII become operative rs hoCh MH INV
necessary regulations can be promul-
gated by the treasury department..
Court action looking to a final de-
termination of the application of
American dry laws TO foreign ships
entering American ports was foreseen
by both Attorney General Daugherty
and Chairman Lasker CT the shipping
beard. Mr.. aDugherty said he AL
ready had been advised that case
was about to be filed which would
bring the issue to the Supreme Court.
Injunction Expected
Chairman Lasker was of the opin-
ion that the first move of foreign
lines would be to seek an injunction
restraining the government from en-
forcing the law. He said 1t was rea-
sonable to suppose that the courts
would grant such an injunction with
result that foreign ships would
continue to arrive with liquor on
board until there was final decision
Fby the highest court. The Attorney
General said his department would
CO. operate in every effort to expedite
ruling by the Supreme Court.
The opinion followed conference
in which President Harding sum
moned Mr. Daugherty. Secretaries
Hughes and Mellon and Chairman
Lasker. Various phases were dis
cussed including the possible results
of enforcement upon the information
al relations of the United States.
High officials explained that there
was no course fer the executive
branch except to enforce the law as
interpreted by the legal department.
The Interpretation was based upon
recent decisions of the Supreme Court
in a case involving the authority of
the United States to interfere with
the transfer of liquor cargo from
one ship to another in an American
port.
In a divided opinion the court con-
firmed the authority of prohibition
agents to prevent such a transfer
eral. went so far as to hold that the
eighteenth amendment and the Vol
stead act repealed a prior existing
treaty with Great Britain.
LasI<er Pessimistic
Chairman Lasker predicted enforce
ment of the law would operate to an
immediate disadvantage of the Amer
lean merchant marine and would
make more necessary enactment of
the ship subsidy bill IL the American
flag was to stay on the high seas.
An undoubted effect of enforce
ment, Mr.. Lasker said. would be to
hamper the board in its efforts tc'
build up American shipping to the
Orient and South America.
Irrespective of the decision of the
Supreme Court, he said foreign ships
would have an advantage over Amer
lean lines.
AS an illustration he said that
even IL the court should hold for
eign ships might not bring liquor
into American territorial waters
al xx,f1
on their inward voyage and dump
overheard remaining stocks. In dis
cussing the opinion, Mr.. Lasker said
that he was viewing the situation as
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