The Washington herald., 1922-10-22
Enforcement Awaits In.
junction Decision as
Respite Ends.
REGULATIONS GO
TO MELLON SOON
u. S. Plans Apology to
British for Selling
Rum Vessel.

Enforcement regulations to give
effect to the Daugherty ruling prohib-
iting liquor on all American vessels
and on foreign vessels in American
waters were give perfecting touches
here yesterday as officials vainly
awaited udge Learned Hands de-
cisione in permanent injunction pro-
ceedings pending before him IN New
York.
At headquarters of the prohibition
bureau here, II was said the regula-
tions would not be submitted to
Secretary Mellon for approval until
some time this week. At the same
time. II was said that in the opinion
Of prohibition bureau officials, en-
forcement would take care Of iVelf,
in the absence of regulations. should
Judge Hand deny the injunctions
sought and automatically put the
Daugherty ruling into operation.
Holds Up Decision.
When Judge Hand took under ad-
visement the injunction petitions on
October II after hearing argument
Of counsel for the White Star Line,
the French Line, and the lnterna-
tional Mercantile Marine. he indi-
Gated that his decision might be ex-
pected yesterday, as the seven days
grace granted by President Hard
ing to American and foreign vessels
in foreign ports about to sail for the
United States expired last night at
midnight. He. however, made nc
decision yesterday.
II Judge Hand sustains the petit
tions for permanent injunctions. the
Daugherty ruling will be automat'
ically suspended, and. with the ex-
ception Of Shipping Board vessels
American waters will be as wet" as
they ever were.
II, however. he denies the petit
tions. and sets aside the temporary
injunctions now IN force, the Daugh'
crty ruling will become instantly
operative.
May Go to Supreme Court.
Some fear was expressed here that
in this event the lack of enforce
ment regulations would hamper Gus
toms officials. The opinion was ex.
pressed at the Prohibition Bureau
however. that the Volstead act con
tains ample provision for the Gus
toms authorities to base action.
The belief prevails in officia
circles that in the light Of prece
dence Judge Hand will sustain thu
petitions for permanent injunctions
This will suspend the Daughert!
ruling from all operation until tn
question is threshed out in the Su
preme Court.
Should Judge Hand fail to gran
the injunctions, however, forma
suit must be filed by the shippini
companies to continue the night. Thi
move, too, leads to the Suprem
| Court but II will have the co-opera
ton Of the Department of Justic
which is desirous of obtaining tn
highest authority of the land oil
the validity of the ruling. to affor'
all satisfaction to foreign shippers
Treasury Probes Seizure.
Formal apology probably will b'
made by the State Department e
| the British government for the &C
ton of overzealous prohibition en-
| forcement officers in seizing the
Canadian schooner Emerald. with
liquor cargo. beyond the three
mile limit OF the New Jersey coast
it was learned yesterday upon high
| authority.
A thorough Investigation which
has been conducted by the Treasury
Department, II was stated has es
tablished that the seizure Of thu
| Emerald calls for an official ex
preston Of regret by the American
government. A report of the Treas
| urv Department to Secretary OF
| stare Hughes will admit that thu
| Emerald did not establish contac'
with the Jersey coast and tha
members OF the crew did not land
facts which prove that the seizur'
| was unwarranted.
| The Emerald was captured" b.
the dry navy" chaser Hahn, abou
eight miles off the Jersey coast
The Hahn trained her guns on th'
Emerald and brought her into th'
port of New York. Officials o.
the Prohibition Enforcement Blu
reau contended that the Emerald
was planning to land liquor, bu
admitted that there was no evi
Gence OF struggling.
The seizure of the Emerald wa
| followed by protest from u Brit
ish government through the EN-
bsssy IN WashinstJI. challenging
tie right of the Unite: States u
search or ssze stips beyoEd IN
three-mile limit The protest will
now be answered by an expression
of regret that the zealousness o.
the prohibition officers carried
them SO far.