New-York tribune., 1922-10-24
Contentious of Govern
mentSupported onEvery
Point; Right TO Bar Rum
From Port Is Sustained
Daugherty Ruling ).
Is Now in Effect
Court Rejects Theory That
Whisky ON Vessels Is
Rated as Stores and
Not Goods i'm Transit

Foreign and American ship compa-
.ies, as soon as briefs can be prepared.
will appeal a decision handed down yes
serday by Federal District Judge
Learned Hand dismissing the motion of
fourteen steamship lines for q perma-
aent Injunction restraining the govern
ment agents from enforcing Attorney
General Daugherty's "bone dry ship"
ruling. This announcement was made
yesterday by Everett Masten. of coun-
sci for the White Star Line, jmmcdi.
stely after the steamship lines had lost
taeir case.
In announcing his decision, which
isserts that the ship companies had
no case, the court said he was not con-
cerned with the sale of liquors on the
high seas, but was convinced that under
the constitutional amendment and all
the decisions of the courts the United
States had right TO prevent any ship,
foreign or domestic, from bringing al.
eoholic contraband into any port of
the United States and its possessions
or the territorial waters thereof The
liquor statutes as interpreted in the
ruling of Attorney General Daugherty.
TIE court granted temporary ex-
Maslon of the stay in the case, but
specified that such stay would apply
only to liquors to be used for members
Of ships crews in eastbound voyages to
Europe. This extension was granted on
the furnishing of bond of $25,e0O by
the steamship com mpanies to guarantee
that ships stores of liquor would not
b. used for any other purpose than the
ore stipulated.
lsw Unheld ON Every Point
1as court upheld the governments
- as presented by Colonel William
hsyward. United States District Attor-
ney, and his assistant, Major John Hol-
: iey Clark. on every contention. He
compared beverage alcohol to cocaine
and opium and held the Eighteenth
amendment to be the will of the ma
iority Of the people, whose constitu-
honal right was to prohibit the trans
portation and possession of alcoholic
liquors. The decision reads in part:
"The facts are these: Since the en-
astment OF the war prohibition act in
October, 1919, which was followed in
January, 1920, by the Eighteenth
Amendment and the national prohibi-
ton act, it has been the continuous
custom of all transatlantic passenger
steamships to bring INTO the Port of
New York limited stocks of wines and
liquors as part of their sea stores
This was done with the consent of the
public authorities, who promulgated
regulations recognizing the practice,
but providing that, while within the
territorial waters of the United States.
they should remain intact under seal.
The theory on which the authorities
proceeded, acting on an opinion at that
time given by the Attorney General,
was that, as part of the ships stores
these wines and liquors if kept on
board were not TO be regarded as
brought within the country at all or,
az subject to its municipal law.
This being the posture of affairs,
on May Is, 1922, the Supreme Court
Walker and Anchor Line VS.. Aldridge,
that the bare transportation Of liquor
across the territory of the United
SStates was transportation within the
eighteenth Amendment. Thereafter
see present Attorney General, after
gonsideration, on October S, 1922, rem
eered an opinion to the Secretary of
- Treasury that these decisions COW
Ntd passenger steamships plying in
md out of the ports of this country.
The President, thersupon, publicly an
3unced that. after a given date, he
'culd proceed TO execute the law in
ecordance with this opinion. and this
seated the situatioH out of which these
bills arise.
LiqRor Only for Passengers
The practice OF all steamships has
aeen freely to sell wines and liquors
out of these stocks to their passen-
gers on eastbound voyages when once
outside the legal limit, and to replen-
an them in Europe so that they should
safiiee for round trip. The stocks in
suestion are therefore carried into the
port kept there under seal and car
ned out again, only for the entertain
.asent of passengers embarking from
we United States.
Besides the wines and liquors SO
ssseo the steamships carry stock TOR
tcontsnned Oh next pass)
y f4~~ ~ VVT n