New-York tribune., 1922-10-19
Prohibition Navy's First
Capture Beyond 3-Mile
Zone Promptly Brought
to Issue by Government
Washington Silent;
Waits Investigation
Canadian Vessel, Emerald,
Charged With Sending
Liquor Ashore i'm Boats

WAoTllNH1ON, Oct. IL (Hy The AS
sociated Press) s).--Seizure by prohibi-
tion enforcement officials early this
week of the Canadian schooner Elmer
aid, off the New Jersey coast, has been
made the ground for formal protest bv
the British government, the contention
being that the vessel was outside
American jurisdiction. Pending detailed
official advices from the officer. who
made the seizure comment as to this
probable attitude Of the Washington
government was not available to-day.
The only report received at pro. ibi-
tion Enforcement headquarters said the
Emerald had been taken for alleged
liqaor smuggling while in communica-
tion with shore from q point beyond
the three-mile limit. The message did
not say specifically. it Is understood,
that the Emerald's own boats were ply
ing between ship and shore. II was
assumed at the prohibition enforce
Snent bureau that such was the case.
however. and that the ship therefore
fell within the recent government ruI-
ing as to operations beyond Americsn
limits.
Case Hangs on Ships Boats
The British protest, which was prs-
sented to the State Department, is un-
derstood to assert that the Emcrald's 's
boats we're not in touch with shore and
that there wss, therefore, no warrant
under the announced policy OF the
American government itself for inter-
ference with the Canadian craft. There
was nothing to indicate that the state
ment that the Emerald was seizel
eight miles Off the coast would be dis
puted. and the diplomatic correspond
sncs apparently Turns upon the ques-
tion1Sas to whether the schooner was
In touch with shore through her own
boats,s8 ss sss s
Tho cass sis the firss oss dts kind ID
arise anger .he Administration policy
recently announced, of confnina prohi-
bition enforcement operations strictly
to the three-mile limit OF territorial
waters except in one circumstance, that
OF vessel beyond that limit which
was. however, sending contraband ship
nents ashore in her own boats. The
American position in that regard Ii
held to rest on International precedent.
That the British authorities are con-
vinced tho Emerald case does not fall
within the rule was made plain by the
promptress with which a protest was
lodged with the State Department.
Framing oBa the American repIy neces-
sarily awaits an official report from
tho Treasury setting out the facts Of
the seizure. Should that sustain the
belief here that the ship was sending
her own boats to shore when seized
presumably the diplomatic phase Of the
incident would be closed and the case
be allowed by the British to 90 to legal
determination.
Washington Lies Low
In view Of the British refusal 60
consider the working out Of treaty to
permit search of suspected liquor
smuggling craft up to twelve miles off
shore, it appeared unlikely that the
to defend automatically the mors
drastic action of seizure beyond the
three-mile limit except where the con-
ditions met the rule laid down.
The attempt to reach an agreement
for search such as that proposed by
Secretary Hughes has been officially
described at the State Department. as a
closed incident. The Emerald case ap-
parently rests wholly therefore on de-
termination Of the facts.
The protest of the British govern.
ment against the seizure Monday. out
side the three~mile limit, of the iiauor-
laden Canadian schooner Emerald was
not regarded yesterday by Henry c..
Stuart, acting Collector Of the Port,
as proper for him to comment upon.
The protest has gone to the State
Department, and Mr.. Stewart said he
regarded the State Department as the
proper agency to give out any news or
information concerning the seizure and
protest.
"lt is up to Washington" he said.
"These matters are government mat
ters, and anything that Is said must
come from Washington and not from
me-"
The Emerald, manned by Captain
John Williams and crew of six me-
groes, all believed to be American
subjects, was captured by the prohibi-
tion navy flagship Hahn about twelve
miles off the Jersey Coast. Liquor
valued at more than $4,000 was car
ried under manifest. The captain and
crew were not held