The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1922-11-10
FURTHER respite
IN LIQUOR RULING
Treasury Department to Await
Opinion by Supreme Court
on Daugherty Decision.
PRESENT POLICY TO STAND
Foreign Ships May Ente- Port With
Liquor Aboard Pending Final Deei-
sion-Stores Under Seal May
Be Opened for Crews Use.

Washington. - Enforcement of the
national prohibition law with respect
to foreign shipping within American
territorial waters will await final in
terpretation of that section Of the stat
ute by the Supreme Court, 1t was indt-
Gated by administration officials. This
Interpretation is expected by govern
ment officials late next month or in
December.
Decision of the Executive Depart
ment to withhold enforcement Of the
law as construed by Attorney General
Daugherty, in his opinion of October 6.
was formally communicated to Asso-
ciate Justice Brandeis, of the Supreme
Court, who subsequently refused to
grant various steamship lines stay
against the enforcement Of Federal
Judge Hands decision at New York,
dismissing their application for per-
manent injunction restraining Federal
agents from applying the Volstead act.
Justice Brandeis, who was sitting In
chambers, was understood to have
agreed with counsel for the govern
ent and the steamship lines that the
decision to withhold enforcement had
removed any necessity for legal stay
through a writ of supercedeas, which
had been requested by the lines and
acquiesced in by the Department Of
Justice. The decision as to enforce
ment was incorporated in formal
order issued by Secretary Mellon to
customs officers and prohibition agents
which was drafted after Mellon had
conferred at length with Attorney Cen
eral Daugherty. The order was ex-
planned in this statement by the Treas
ury Secretary:
Regulations are being prepared by
this department for putting into effect
the opinion of the attorney general Of
October 6, 1922, but the subjects to be
covered are various and of compli-
Gated nature which are requiring con-
siderable time and the attention of the
several different departments affected.
Until the new regulations have been
worked out those at present in force
will prevail, and have today (Oct. 25)
Issued to the chief of the division Of
customs and the commissioner Of inter-
ma; revenue an order to that effect.
Therefore, until the new regulations
are available enforcement Of the law
will continue as heretofore. For In
stance, foreign ships entering Ameri-
can territorial waters with liquor on
board as cargo under such seal for the
present proceed under such seal to
their destination in foreign port and
sea stores in such foreign ships which
are required to be sealed on arrival
of the vessel within American ports.
can, when such stores are required for
the use of the officers and crew of the
vessel, be opened only from time to
time for withdrawal for such purpose.
but must be Immediately resealed.
"When the regulations governing en-
forcement of the law are completed
and approved notice will be given Of
the date on which they will become
effective and a reasonable time will be
given lOIclSu ShlppihS W hhCCt thC hS"
conditions.
'In the meantime there Is possi-
bility that the case which Is being ex-
pedited and which Is expected to come
before the Supreme Court during No
vember may be decided, and in that
event the contemplated regulations in
preparation may have TO be modified
to conform to the anticipated decision
of the court"
Counsel for the steamship COM
panies, In their petition to Justice
Brandeis, contended that enforcement
of the Daugherty ruling would cause
irreparable damage to their business
and would lead to diplomatic difficult
ties. A statement by the Department
of Justice emphasized that the govern
ment did not concur in these conten-
tions, and acQuiesced in the petition
for a writ solely on the ground that
preparations had been completed to
expedite consideration of the case by
the Supreme Court.