New-York tribune., 1922-12-23
American Ships
Demand Right
ToCarryLiquor
File Brief in the Supreme
Court Asking That Hand
Decision BE Reversed
and Daugherty EnjOined
Hold Law Doesn't Apply
Ban Said to Mean an End
of u. S. Flag in Travel
and New Bootleg Orgy

WASHINGTON. Dec. ga plea tina,
American ships cannot Justly be pre-
vented from serving liquor on the high
seas under the prohibition laws is set
forth in a brief filed IN the Suprems
Court to-day by the international Mer-
camille Marine Company IN support oi
its appeal from the Interpretation given
the Daugherty bone dry ruling BY Fed.
cral Judge Hand at New York.
The brief also declares Il Is not un-
lawful for vessels 20 bring their ship
stores Of liquor into American terri
torial waters. In this respect the posi-
ton taken by the Mercantile Marine Is
similar 10 that set forth BY the foreign
shipping concerns In brief filed re-
Gently with the court.
Il is declared in the brief filed to-day
that American vessels on the high seat
and in foreign ports are not TERRITORY
subject 10 the jurisdiction of The
United States within The meaning Of
the Eighteenth Amendment, and that
the amendment and the laws passed 10
make Il effective cannot operate there
fore TO prevent liquor selling outside
Of American territorial waters.
Permanent Writ Asked
The Supreme Court Is asked by the
international Mercantile Marine Com
pany 10 enjoIn permanently the Federal
government from enforcing against Il
the national prohibition act or inter
ferlng In any manner with intoxicating
/ liquor sealed as sea stores aboard its
vessels and from seizing It's vessels
/ because of intoxicating liquors In the
sea stores to be sold upon the high
seas or in foreign ports.
In its application 10 the question Of
I bringing sea stores into American
waters the brief declared such stores
arc consumable provisions kept on
board a vessel as part Of her equipment
I for the maintenance Of her passengers
and crew, and, although kept aboard an
/ American vessel within the jurisdic-
tion OF the United States, do not make
such vessel subject 10 the penalties OF
the prohibition enforcement act.
Not Intent Of Congress
Neither the history nor purpose OF
the amendment or the enforcement &C,
indicate, il Is argued, any intention on
the part of Congress 10 extend pr0hi-
bition 10 vessels OF the United States
while on the high seas or In foreign
ports. The brief sets forth that ex-
animation Of Congressional debates
does not disclose "a single word which
would indicate in any way that any
one IN Congress ever contemplated
that prohibition would apply TO vessels
Of tho United States"
10 seemed hardly conceivable" II
Is added, "that Congress would place
an additional obstacle in the way OF
the establishment Of an American
merchant marine when the additional
burden imposed was not essential "a
carry out the fundamental purposes
Of the prohibition reform
Can BE Wet Westbound
Declaring that should the decision
OF Judge Hand be sustained, 1T will
be impossible commercially TO Oper-
ate American dag steamers Ia the pas
senger trade OF the world" the brie.
points out that the great foreign trans.
Atlantic liners will always be able q
/ sell liquor on their westbound voyage,
and against such composition the
American lines will be seriously hand
ieapped because, Il says, European'
will not travel by American steamers
when they can come by foreign shipi
and enjoy their usual wine.
Similar conditions, Il adds, will pre-
vail In the South American trade or
the northbound voyages, while vessels
south bound Ia that trade can stock up
with liquors at Bermuda or Havana
The most serious competition will
come, Il asserts, on the Pacific, wherein
the Far Eastern trade ships sailing
I from Canadian ports would have d.
verted 20 them practically al the pas
senger business
Unless the Supreme Court reverse.
the action Of Judge Hand steamshir
4 owners believe, the brief declares
shat a majority Of the stewards and
I other minor employees Of American
vessels will become bootleggers."
Should Judge Hands declslop be sus'
talned By the Supreme Court ther'
would be a gradual elimination OF th'
American Gag from passenger trade o.
The high seas" the brief states
League Bars Money Gifts
-. r. an T.. ,rfar "a rro