The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-10-21
test OF
LIQUOR
RULING
Legal Fight to De.
ternline Right 0 t
Foreign Ships to En-
ter P or S Wit h
Liquor Opened

New York. Oct. 16.-The legal
battle to determine the right Of
foreign owned ships to enter ports
IL the United States with liquor
aboard was opened tonight with the
issuing by United States District
Attorney Hayward Of reply to the
bills in equity brought by five for
eign steamship companies to re-
strain enforcement of the recent
ruling preventing the carrying Of
liquor on vessels entering Ameri-
can ports.
The reply makes in the main
four contentious that the district
court. before which many cases are
to be heard tomorrow, has no juris-
diction in the matter. that suits are
really against the United States
government; that they do not show
that the government has consent
ed to be sued and that they do not
disclose any basis for an action in
equity.
Upon these grounds the defense
of Secrctary Mellon. Henry G.
Stuart, acting collector of the Gus
toms for the port OF New York. and
Ralph y. Day. federal prohibition
director for the state of New York,
who are made defendants IL the
suits brought by the companies,
will be built in court to morrow.
Mr.. Hayward, who is acting for
Secretary Mellon in the reply, an
swers specifically the ground upon
which the. requests for injunctions
are based
Gives Some Suggestions.
As TO the difficulty which the
foreign steamship companies state
they would suffer by reason of laws
compelling them 20 furnish wines
to members Of the crew, District
) ATTORNEY Hayward says the pay
ment Of higher wages would recon-
pense crews for the lack OF such
stimulants.
! Regarding the loss Of tie prof,
made by the foreign ships III the
sale OF liquor. Mr. Hayward claims
!: that this loss IS the only one which
the companies will suffer under a
strict adherence to the new ruling.
+; To the charge Of the complain
ing steamship companies that the
attorney generals ruling is mis-
Interpretation OF the yoktead act,
the reply states:
I; IF the complainants are correct
! in their constitution of the nation
a, prohibition act. the implications
involved are exceedingly serious
! and the claim Of the complainants
il allowed. would carry with 1t as
ia necessary corroilary. the right OF
any ship to transport liquor within
the territorial waters of the Init
Cd States"
! Answering the pela Of the car
riers to permit the possession On
board ships Of :tqaors, which would
be kept under Jock and key during
.in port" periods. the defendants
claimed that such permission would
rrake the enforcement OF prohabi-
!, ton against the importation OF
liquors, ALREADY difficult, !, practi-
cally impossible.
!! The enforcement of the ruling OF
the attorney general as to foreign
ships is necessary 10 the protection
OF American owned tonnage. the
reply said. holding "on Information
!! aud belief" tina, the sale OF intoSi-
eating liquors on th4 high seas By
vessels carrying the American flag
ceased with the issuance Of the at
i torney generals ruling. while ths
sale of liquor on other vessels has
continued.
i The continuance Of such an ar
rangement will result. the reply
charged. in damage to the mer-
| chant marine. which will be great
and irreparable.'