New-York tribune., 1922-10-26
u. S. Holds Up
Liquor Ban on
Foreign Ships
Secretary Mellon Issue s
Order Giving Stay Until
Regulations Are Drawn
to Govern enforcement
Breathing Spell Indefinite
Ruling Says considerable
Time May Be Required;
brandeis Denies Appeal

FROM The Tributes Washtnoton B,,renu
WASHINGTON, Oct. 25.-Secretarv
OF the Treasury Mellon to-day gave
foreign shipping interests breathing
spell. He issued an announcement that
1t would require considerable time''
TOR the preparation of regulations un-
der the dry laws as interpreted by the
attorney General and upheld BY Judge
Learned Hand in New York, and that
until the new regulations were avail
able enforcement of the law would mo-
ceed as heretofore,
Foreign ships, under this ruling, can
continue for the present to enter Amer
lean territorial waters with LIQUOR on
board as cargo under seal and proceed
under such seal to their destination in
foreign port; provision is made FOR
sea stores.
Application was made TODAY by
counsel for foreign shipping interests.
headed by Franklin B. Lord, of New
York, for the Cunard Lines and other
interests, to Associate Justice Bran
deis, of the Supreme Court, for WRIT
OF supersedeas to stay the enforcement
Of the law as interpreted bv Judge
Hand pending appeal to the Supreme
Court OF the United States. Applica-
ton was made to Justice Brandeis for
the reason the court is in recess and
ne rs the Justice of the court assigned
to the second circuit, which includes
New York. Justice Brandeis refused
the writ for the reason that 1t is made
unnecessary by the announcement Of
Secretary Mellon.
Text Of Mellon Statement
Secretary Mellon authorized the fol-
lowing statement:
regulations are being prepared by
this department for putting into effect
the opinion of the Attorney General
of October 6, 1922, but the subjects To
be covered are various and of a compli-
Gated nature, W. ii are recurring CON
siderable time c,l the attention Of the
several different G,partments affected
Until the new regulations have
6een worked out those at present in
force will prevail, and l have TODAY
issued to the chief of the division Of
customs and the Commissioner Of IN
therefore, until the new regulations
are. available, enforcement of the law
VIII continue as heretofore. For in
stance, foreign ships entering Ameri
can territorial waters with liquor ON
board as cargo, under seal, can for the
present proceed under such seal to
their destination in foreign port. and
sea stores in such foreign ships which
are required to be sealed on arrival of
the vessels with American ports can.
when such stores are required for the
use of officers and crew Of the vessel,
be opened only from time to time for
withdrawal for such purpose, but must
be Immediately resealed. This applies.
to foreign vessels only, and, of course,
forbids the sale or service of liquors
to passengers within American terri
torial waters.
Due Notice Will Be Given
when the regulations governing en-
forcement of the law are completed
and approved notice will be given of
the date on which they will become
effective, and reasonable time will be
given to foreign shipping to meet the
new conditions. In the mean time there
is possibility that the case which is
being expedited, and which is expected
ing November, may be decided, and in
that event the contemplated regula-
tions in preparation may have to be
modified to conform to the anticipated
decision of the court"
The Department of Justice did not
oppose the writ of supersedeas or
reasonable policy. 1t was said at the
department this afternoon that at 2
o'clock to-day Mabel Walker WILLIE
brandt, Assistant Attorney General,
with Franklin b. Lord, Cleatus Heating
and Joseph Nolan, attorneys for vari-
fore Justice Brandeis in reference to
the petition presented by those steam
ship companies for a writ of superse-
deas pending the hearing on appeal of
the cases Of the Cunard Steamship
Company, the Anchor Line, the fInterna-
tional Mercantile Marine, the Com
pagnie Generate Transatlantique and
others.
Broadly, the position of the counsel
for the foreign shipping lines was
that while Judge Hands order will
stay enforcement of the law so far as
grcg and supplies for the sick are con-
cerned, it will leave the way open for
enforcement of the law in all other
respects. The shipping companies con-
tend this would put them to great ex-
penae and hardship and they desire to
wait decision OF the Supreme Court
SO as not to be forcsd to enter on a
course Of procedure WHICH would be
temporary IL the Supreme Court should
reverse Judge Hand.
The announcement of Secretary
NIL Io& Eur oyxf