The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-10-07
DAUGHERTY RULES
SHIPS MUST NOT
TRANSPORT LIQUOR
tcontinued From Page one,

(Contfnued FROM rage OneD
IL existed and that he spoke neither
as a wet nor as a dry.
Sale OF liquor on shipping board
vessels was based on an opinion of
tho general counsel of the board,
who held that 1t did not contravene
the prohibition laws. Opening of the
ships bars was ordered on a vote of
the board with Commissioner Fred
erick I. Thompson casting the only
dissenting vote.
: Enforcement Ordered
Orders for enforcement of prohibit
ton laws. as construed by Mr..
Daugherty. we're issued by President
Harding late today.
In letter to Secretary Mellon he
requested that notice be given to the
nasters of privately owned ships
operating under the American flag
and that regulations for the enforce
ment as to foreign ships be for
mulated and that such notice be
given to the agents of foreign lines
touching American ports or dock
ing therein as becomes the circum-
stances and commits us to the full
enforcement of the law"
Writing to Mr.. Lasker, the execu-
tive said the transportation and the
service of intoxicating liquors on all
ships, owned, operated or leased by
the shipping board, Should be pro-
hibited at once and all transportation
either as cargo or ships stores must
cease at once on ships now In home
ports and on ships at sea or In for
eign ports Immediately after docking
in home ports"
"This will enable the disposal of
ships stores for the lawful purposes
contemplated under the statutes" the
letter added. The Secretary of the
treasury will issue equivalent notice
Treasury will issue under American
operation"
Dauwherty's Opinion
ct am of the opinion" Mr.. Daugh-
erty said, that American ships
wherever they may be. are included
in the terms of the eighteenth
amendment, territory subject to the
jurisdiction OF the United States, so
that manufacture, transportation or
sale of intoxicating liquors for bev-
erage purposes Is prohibited therein.
To construe otherwise. would. in my
opinion. violate the unmistakable in
tent in it's adoption, such intent
clearly adduced from-a study of the
circumstances out of which it grew
and voiced by the supreme court In
the Walker and Anchor line cases.
This Interpretation Is further sup
ported by the many authorities that
have held ships to be constructive
territory of the country whose flag
they fly. Such decisions undoubtedly
extend the protection as well as the
inhibitions OF the country's laws.
THE national prohibition act is an
act of general jurisdiction in force
wherever the eighteenth amendment
applies; and the courts of the United
States have jurisdiction to punish its
violations On the high seas. l am
forced to the opinion, under the rul-
ing OF the walker and Anchor Line
decisions, that foreign ships carrying
intoxicating beverage liquors as
ships stocks or otherwise within the
three mile limit OF our shores are
violating provisions of the national
prohibition act. The Supreme Court
decision therein has held that 1t is
not material that the liquors may not
be intended for beverage uses within
the United States"
The ruling was In answer to re-
quest from Secretary Mellon for adz