The New York herald., 1922-10-07
Quotes Supreme Court.

'"ro arrive at the correct legal inter-
probation of any constitutional pro-
vision" he adds quoting the language
of Chief Justice White, concurring in
the national prohibition cases, lit is
necessary to read 1t inthe light .
fthe context and the sub
ject with which the amendment dealt
and the purpose which it was intended
to accomplish.
''The purpose or intent of the State in
adopting the Eighteenth Amendment and
that Of the legislative body in initiating
Il must be considered in the light OF the
mischief TO be prevented and he adds
the mischief to be prevented in prohoi-
tion enactments has been construed as
the use of intoxicating liquor as bev-
erage. A glance at contemporary his
tory and the condition of affairs out OF
which the adoption of the Eighteenth
Amendment arose compels the adnsis-
sion that it represents the elimination Of
fifty years struggle of the American
people to effectively settle the problems
arising from the use OF intoxicating
liquor as a beverage.
''To hold that the intent Of Congress
in proposing the wording OF the amend
ment and of the States in ratifying II
was anything less than TO extend its
inhibitions wherever the judicial arm
or tnlS AONtTUtUtul tftANnQth WI any
purposes is 10 fail to apply all the rules
the Supreme Court has laid down for ar
riving at the Intent Of constitutional
enactments.
''The term all territories or to the
Jurisdiction thereof expresses not linn
itation Just. TO lands. as the word ter
ritory' might alone be construed. but
rather an extension wherever the juris.
diction of the United states may reach.
shipping Board Vessels.
Certainly Shipping Board vessels
operating and owned by our very Cow
ernment itself are subject 20 the juris-
diction thereof Because Of their own
ership by the Government they would
IN a double sense be subject to the re-
striction OF the Eighteenth Amendment
But every American vessel is for some
purpose regarded as part OF American
territory and our laws are the rules for
It's guidance
"Our diplomatic correspondence and
opinions OF the courts have uniformly
considered that in so far as the restrain
ing and protecting jurisdiction OF our
Government IL concerned, American
shins. whether owned by the Government
or by private citizens or corporations
are In many respects territory OF the
United States.
"Tn the case of st. Clair VS. United
states. 154 u. s., 13i, 152, the court
held:
A vessel registered as a vessel OF
the United states. is. in many respects
considered as portion OF its territory
and persons on board are protected
and governed by the laws Of the coun-
try 70 which the vessel belongs.
"Ships are territory IN constructive
rather chan an actual sense. This dis.
tinction is clearly shown by Justice Field
in u. s. VS. Smiley, 6 Sawyer. Gao. 645 (:
The criminal jurisdiction of the Gov
ernment OF the United states In linn
tied to It's own territory. actual or con-
structive--thls constructive territory
snpraccs vessels sailing under their
flag. Wherever they go they carry
the laws Of their country and for
violation Of .hcm their officers and
scamon may be subjected to punish
nent
"The construction Of the word terri
tory In Che fourth article Of the Consti-
tuition to mean land Is in complete har-
mony with the intent Of the trainers OF
that article OF the Constitution. be-
iievc from the study Of history OF con-
ditiuns out OF which the Eighteenth