Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-10-28
l;va,liiig the Issue


I y view of the international complications
1 which arose. complications which the
Daugherty opinion made inevitable the AID
ministration probably has taken the only
course. in shunting that opinion aside. that
might be taken under the circumstances.
When the Attorney General ruled without
reservation that foreign ships were subject
10 the Nolstcad act when in the territorial
waters OF the United States. he invited court
action on tho part Of foreign shipping in
terests. and such action canno, bo final
until il is taken by the Supreme Court it
self
Pending an Interpretation of tho law by
the highest court. il would he blunder 10
impose regulations upon foreign shipping
that might result in unfortunate reprisals
ana certainly would result in i'll feeling be-
tween the governments which might he
involved. Secretary OF State Hughes has
pointed all that out TO the President and
10 the Cabinet. and il is apparent tina, his
advice has been followed in the decision of
Secretary Mellon to hold up tho application
OF the Daugherty ruling indefinitely
Meanwhile. all interests directly affected
are uniting in n request that the Supreme
Court will advance the case for an early
decision. Counsel for the ship companies
will he Joined by the attorneys for the gov
eminent in petition To he presented TO
tho court on November ; for a hearing of
the case the following week because OF
the great Importance of the matter. II Is
reasonable 10 assume that the court will act
without protractcd delay.
Looked al from Il purely abstract point OF
view. the decision of the government to
avoid instead of to meet an issue which it
has raised Is rcprchensiblc. The law is
upon the statute books. The Attorney Gen
eral. upon the direct request Of the Sec
rotary of the Treasury. gave an opinion that
1t applied 10 all shipping within the legal
Jurisdiction of the United States He was
even more specific He ruled that ii APP
piled to foreign ships while in American
terri orial waters and to American ships
wherever they might be. The foreign ship
owners appealed TO Federal Judge Hand
for an injunction tn restrain the govern
mcnt from putting tho Attorney Generals
ruling into effect. Judge Hand refused TO
issue such an injunction. leaving the mat
ter exactly where it stood. Associate Jus
tice Brandeis OF the Supreme Court re
fused TO issue writ which would have
ovorruled the lower court In other words,
the law was expected to stand as interpret
ed, and il seemed difficult If not impossi-
BILE for the government, without becoming
an open vioator of the law to refuse TO
issue the new regulations.
h"' lhe l'rcSldeht ana MS ADVISORS TOOK
Il comm on-senSc view OF tho question. They
concluded that IL would he a mistake to
carry out the Attorney Generals opinion
riGdly in view Of an anticipated opinion
from the highest court as to the validity
OF that opinion. And Secretary Mellon
sought refuge in the announcement that
the regulations were too difficult TO draft
TO make their issuance a matter or the i'm
mediate future. This may seem to certain
radical interests to he bubble a mere re-
sort 10 tochnicality. But in the light of
all the circumstances, it is probably the
best course to pursue.
Once the Supreme Court acts the govern
ment Will bc compelled to proceed as di-
rected by that body. II the law is found
To interfere with the rights of foreign in
forests. Congress may he appealed 10 for
its revision.