The New York herald., 1922-10-19
BRITAIN SENDS FIRST
PROTEST TO AMERICA
AGAINST DRY SEIZURE
Issue Joined on Search of
Canadian Vessel Eight
Miles Off Shore.
LAND CONTACT DENIED
Regulations to Enforce
Liquor Ruling Liable
to Be Held Up.
MUST GO TO PRESIDENT
Government Officials Admit
Daugherty Stand Is
Untenable.
MUST GO TO PRESIDENT

WASHINGTON, Oct. 1S (Associated
forcement officials early this week of
the Canadian schooner Emerald, off
the New Jersey coast, has been made
the ground for formal protest by the
British Government. the contention
being that the vessel was outside
American jurisdiction.
Pending detailed official advices from
the officers who made the seizure COM
ment as to the probable attitude of the
Washington Government was not
available. .....
The only report received at prohibi-
ton enforcement headquarters said
the Emerald had been taken for al
legged liquor smuggling while in COM
munication with shore from a point
beyond the three mile limit. The mes
sage did not say specifically that the
Emerald's own boats were plying be-
tween ship and shore. 1t was assumed
at the prohibition enforcement bureau
that such was the case however, and
that the ship, therefore, fell within the
recent Government ruling as to opera
tions beyond American territorial
waters. -
The British protest. which was pre-
sented to the State Department is un-
derstood to assert that the Emerald's
boats were not in touch with shore and
that there was therefore, no warrant
under the announced policy of the Ameri-
can Government itself for interference
with the Canadian craft. There was
nothing to indicate that the statement
that the Emerald was seized eight miles
off the coast would be disputed and the
diplomatic correspondence apparently
turns upon the question whether the
schooner was in touch with shore
through her own boats.
The case is the first of its kind to
arise under the Administration policy
recently announced. of combining prohi-
bition enforcement operations strictly to
the three mile limit of territorial waters
except in one circumstance OF vessel
beyond that limit bur sending contra
band shipments ashore in her own boats.
The American position in that regard
is held to rest on international prece-
dent.
That the British authorities are con-
vinced the Emerald case does not fall
within the rule was made plain by the
promptness with which protest was
lodged with the State Department
Framing of the American reply neces-
sarily awaits an official report from the
Treasury setting out the facts of the
seizure. Should that sustain the belief
here that the ship was using 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 go to legal determi-
nation.
In view Of the British refusal to con-
slider the working out OF a treaty to
permit search Of suspected liquor SNUG
Cling craft UP to twelve miles off shore
It appeared unlikely that the Washing.
ton Government would attempt to de-
fend automatically the more drastic ac-
ton of seizure beyond the three mile
limit except where the conditions 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 Depart
ment as closed incident. The Emerald
case apparently rests wholly. therefore,
on determination Of the facts.