New-York tribune., 1922-10-07
Daugherty Rules Liquor
at Sea Violates 18th
Amendment; President
Orders Its Enforcement
European Lines
Expected to Fight
Decision VIII Still Put
American Boats Under
Handicap, Lasker Says
By Carter Field

w WASHlNGlON, OCT. b.-AmeT1-
can ships are to be bone dry, under
an opinion rendered by Attorney
General Daugherty to-day. Foreign
ships entering American ports must
also be bone dry at the moment they
pass within the three-mile limit, the
Attorney General ruled. Any liquor
they may have as they cross the
three-mile line must be thrown over
board. 1t cannot be on board, legal
ly, no matter whether it is locked up,
or sealed, or protected and guarded
in any other way.
President Harding at once issued
orders for enforcement of Mr..
Daugherty's construction Of the pro-
hibition laws in letter to Secre.
tary Of the Treasury Mellon, request
ing him to draw up regulations gov.
erning foreign ships and to notify
owners Of privately owned American
craft. The decision will function in
the case of foreign ships as soon as
the Treasury Department issues the
necessary rules.
Means Dry Voyages for All
The final result will be that no
tourist or seaman on any ship of
whatever nationality sailing from an
American port will be able legally to
obtain drink Of anything contain
ing more than one-half Of / per cent
alcohol.
The Toistead act has definitely
moved not only upon all ships flying
the flag, which are now TO be just as
dry legally as the State of Kansas,
but it has moved also upon every for.
eign ship touching at American ports, 4
including the Philippines, Hawaii, Por-
to Rico and all possessions except the
Panama Canal.
Those who love wine with dinner,
cocktail before or a highball after
will be compelled to make their port
of sailing for Europe, Montreal, or
their port of sailing for the Orient
Vancouver.
Foreign Relations Involved
President Harding. Secretary Of
State Hughes and Attorney General
Daugherty conferred at some length
late to-day over the situation with re-
spect TO forbidding foreign ships to
come into American ports with any
liquor aboard. The ruling is frankly
regarded as a fragrant violation Of in
ternational law and an abrogation of
treaties with Great Britain and other
maritime nations.
The Administration regards itself as
helpless, however, in view Of the re-
cent decision os the Supreme Court
handed down by Justice Holmes. Test
cases will promptly be brought by
owners of foreign ships, it was pointed
out, and these will be carried as speed
so that final ruling may be had on
this point.
1t is frankly admitted by the Admin
istration that there is no expectancy
that Congress will move finger to re-
lieve the embarrassment, and the
Presidents advisers, as a matter OF
fact, are not unit as to what they
would like to see done If they could
do anything.
The President and Chairman Lasker
of the Shipping Board are fully aware
that dry American ships cannot com-
pete successfully for passenger busi-
ness with foreign ships which serve
wines and liquors. As result the
flying the American flag, when those
ships were beyond the three-mile limit,
was winked at until very recently.
The best opinion here Is that the
practice would have gone on Indefinite
ly if it had not been for the smashing
attack on the practice made-not by
the Anti-Saloon League leaders-by a
former brewer, Adolphus Busch, of ST.
Louis. Busch wrote from abroad to
his business associates and demanded
that protest be made to the Presi-
dent and given widespread publicity,
which it certainly received
Not Anti-Saloon Victory
Even then the Anti-Saloon Leagus
leaders did not demand action, and the
Administration was inclined to say
nothing and merely ignore the fact
that American ships were acting with
regard to liquor selling precisely as
foreign ships were-that they sealed
up their liquor supplies while in Amer
lean ports, but opened them up as soon
as they had crossed the three-rasle
limit. The Shipping Board quietly
obtained from it's own counsel an opla-
ION that American ships could sell
liquor when outside the thfee-mile
limit, and everyone got ready to sit
tight.
But the liquor question raised By
Mr.. Busch was injected without the
wish Of the Administration into the
ship subsidy fight. Drys in Congress
asserted they could not vote TO subsi-
dize these floating saloons" Indiv-
idual crys, after reading the Busch let
ters and looking at the fac. smiles Of
wine cards which Mr. Busch had sent
to the newspapers, and not realizing
the larger purposes Of their national
leaders in winking at the practice,
wrote scorching letters to their Sena-
tors and Members of the. House, It
was "breakera ahead" for the ship SUBJ
sidy bill
The Dargherty opinion. or rather the
combination of circumstances which
forced It, is frankly regarded by Presiy
dent Harding and his advisers - .