The Washington herald., 1922-10-18
Judge Hand Directs Both
Sides to Submit Briefs
Of Arguments.
HOPES TO RENDER
DECISION MONDAY
Congress May Be Asked
To Modify Law to
Oblige Foreigners.

NEW YORK, Oct. I7.-Judge
Learned Hand today granted a tenn
porary stay to steamship companies
protesting enforcement of the
paugherty ruling against liquor on
ships entering American ports. The
stay will be effective until next
Wednesday or Thursday. when Judge
Hand probably will render his de-
ci5on.
: A battery or lawyers argued all
LAY today in :ne United States Dis
trict Court in an effort to induce
Judge Hand to issue an injunction
Restraining the government from ap-
plyig the recent Daugherty ruling
that ships entering American ter
ritOrial waters must come in sans
liquor
Judge Hand delayed his decision.
He ordered the submission of briefs
tomorrow and expressed the hope
that he would be able to announce
some decision Monday. But the
prevailing opinion was that before
there is a definite decision III.
whole matter-haying to go to the
Supreme Court-the end of the year
will be approaching.
Meanwhile the steamships will
operate as hitherto-bars wide open
until the three-mile lint Is reached
and then sealed. Ship stores-liquor
rations for the crews-wilI con-
tinue to be carried
Get Temporary stay.
Judge Hand granted a temporary
stay, despite the objection of Col
William Hayward, United States at
torney who represented the
ernment. Hayward declared the
government could be trusted
to take any drastic action pend
ing decision the stay is effective
Until next Wednesday or Thurs
lay. A further stay on appeal,
II the decision of judge Hand Is
against the companies. will be
asked.
The main contentious of the ship
companies were:
The liquor brought into port car
ried as ships stores are not subject
to-seizure and do not violate the
prohibition statute.
That the mere possession of liquor
Is not a violation of the law.
That even IL under the Volstead
act ships stores can be seized. such
an act would be contrary to laws
governing the comfy of nations.
That French. Italian and Belgian
ships are obliged by custom and law
to supply wine to their crews and
passengers.
That all lines will suffer irrepara-
BILE losses IL the law is enforced and
that such action will divert travel
from American to Canadian ports.
Move of Expedieney.
The foreign companies contend
that the Daugherty ruling so far
as il concerns them was move or
expediency. made solely to protect
American ships from the competition
that would arise If American COM
pariies alone were affected.
Col. Hayward brought furry
.hen he referred to the saloons
they run in these ships TIL
steamship companies objected and
Judge Hand sustained them.
What would you call them
Bars?" asked ths government at
torney.
No" smiled the court, Il would
call them smoking rooms That's
what l have always known them as.
Among the companies represented
at the hearing were the Cunard.
Anchor. White Star. Internationa!
Mercantile Marine. United Ameri-
can, French Line and American
ShipownerS
After the hearing it was freely
predicted that pending a decision
from the Supreme Court an effort
would be made to have Congress so
modify the VOlstead act that the
international complications due to
arise through the present situation
may be avoided.