Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-10-18
DECISION WITHHELD
By |. 5. JUDGE HAND
temporary Stay Hating En-.
forccment of Prohibition
on Vessels Extended.
DEBATE .rEnnrroRr" ISSUE
hcrchnfilc Marine Counsel As,crts
American Crnft on Sea, Not
Under Nolstcnd LAW.
Inv .Assoclatcd prcss l


Judge Learned Hand today reserved
decision on applications by Ameri-
can and foreign owned steamship
iincS to make permanent the stay
restraining government officials from
putting into effect the Daughcr,y
ruling that they must not carry
liquor inside the three-mile line,
sHeh under seal, when touching al
Nm. rican ports.
Meanwhile. Judge Hand extended
,ne stay he had granted last week
until ne should reach decision.
rms decision. he indicated. prob
ahly would be rendered before oc-
toner IL the latest date on which
,he ptnShcrty ruling has been or
"trcd int" effect. Extension OF the
stay affects bo;h American and for
eicn lines.
judge Hand made known his in
Neh'Ion after listening TO aiI-day
arguments presented hy large ar
ray OF counsel representing ten OF
IN" most important transatlantic
steamship companies. and number
OF attorneys representing Secretary
"t the Treasury Mellon and the Fed.
"ral prohibition enforcement head.
quarters. The continuation OF .ha
stay he made clear, would hold
even II he failed TO announce his
decision on the injunction before
N''lpDeT ].
Ten Lending Lines Affected.
The foreign lines affected by tn.
extension OF the temporary STAY
were the Cunara, Anrbor wh,,s S'as
star, French. International Naviea
tion' Holland America. Scandinavia
american and Royal Mail steam
racket Tho American lines were
the American Line OF the Interim
tional Mercantile Marine Company
ana the United American Line.
The stays were original IN ,h.
cases of the Holland America Scan-
dlnaEia- American. and ROYAL Mail
mes. which though not granted the
Original stay, declared through conn
SCI that they had cases Identical
Win those Of the other foreign lines
Judge Hand announced he would
receive briefs and papers tomorrow
ana that he would attempt to p,alxo
decision as soon az nnss;h,s ",
that the case might quickly be
brought to the United States SUI
prem" Court. The stay. he said.
would be valid until the entry OF
me order on the motion for A iudc
nent.
objects to Indefinite Stny
United states District ATTORNEY
William Hayward objected Ia a mo,
ton made by the counsel of tho fn-
eign lines for the granting OF tenn,
norary stay valid until decision nv
the supreme Court. In reply to de-
iati"ns of his opponents that serious
ddnaEc 10 the steamship lines would
~ caused by the enforcement, ~ tha
pauShHrty ruling before A final Su
Hrcme Court decision, he said rha
government had been very courteous
IN the matter and had gone TO long
icnEths 10 avoid embarrassment "a
the ships owners.
Tic ais" declared that he did not
know the intentions OF the Treasure
department. which he repres.ntr,,
ana "t the government. and. accord.
! !nEiy. could not but object to the
motion for an indefinite stay.
o""trs british Legal Opinion.
MI hayward closed tho case for
INC government by arguing that
"hips constituted TERRITORY OF tho
hited states in the meaning OF tn,
r"dcraI prohibition act. He quoted
HriiiSh legal opinion to support his
contention. which, ne said. had hes,
r"coSniz"d LEGALLY in most countries.
rue Federal prohibition amendment.
ne declared. was meant TO cover
every place under the Jurisdiction OF
ne United states in the largest pos
S'n!s Interpretation OF jurisdiction.
Ihc case for the American lines
was closed by CIetus Kes,inp and
krid l.. Carr. who declared that a de-
'iSi"n unfavorable TO them would
mean lrrenaraolc damage TO the lines
and 10 American shipping.
II the contention Of the American
companies is not upheld said Mr..
heating, "'he s+.0o0, o0C.Ooo spent on
the american feet might just as we'll
be thrown in the gutter"
Asserts Act Docs Not Control,
TWO major points featured the
case presented by CIctus Heating for
Inc International Mercantile Ma
rins as owners Of the American
steamships ST Paul, Finland and
kroonland before Federal Judge
Hand today. They were the couten.
tion that vessels OF the United States
on the hiGh seas and in foreign portS
ar" not territory subject TO the juris-
Giction Of the United Statcv IN so FAR
as the prohibition act is concerned,
ana that Intoxicating liquors which
nave been legally acquired ana
which are Kept on ana used only as
sea stores by vessels OF the United
states are not within the purview OF
tic eighteenth amendment
Granted its hroadest meaning"
said Mr. keatinS, "the word terri
tory used in the eighteenth
amendment. cannot. under any ac-
ceptcd authority. be accorded
meaning which extends tha prohlb,-
;ion nodded In the amendment 10
other than lands of the United
states"
Congress. from the toundat.pn Of
the government to the present time.
has expressly referred to the high =
seas or waters within the admiralty
and maritime Jurisdiction OF tina
United States. whenever it has In.
tended that an act committed on
tcontinusd en- Page s.fSol. a.