New-York tribune., 1922-09-27

There is reason for profound re-
lief over the decision of the Cabinet
to restrict the boarding and seizure
Of foreign ships to the three-mile
limit. As The Tribune has pointed
out, the broad rule of international
Law is strongly against any extern
sion Of this area by any distance
whatsoever. To claim a. right to
hunt for rum or any other contra
band up to twelve-fnile limit is to
assert right unrecognized by the
family Of nations and to court every
manner Of dangerous international
complication.
The actions of the prohibition en-
forcement officers were becoming
more and more extravagant. To add
TO the risk of the situation, Congress,
in the Fordney tariff act, attempted
to stretch the claim Of twelve-mile
"hovering" limit far beyond every
previous theory. The old lowering
act Of 1897 authorized search up to a
twelve-mile limit. but carefully re-
stricted that search to vessels
bound for the United States" In so
doing the United States had but fol-
lowed a British act, and, at any rate,
could say in its defense that other
nations had made the same claim in
derogation of the general rule Of in
ternational law. But the Fordney
act was not satisfied with this old
claim. 1t elided all reference to the
hoat's destination and attempted to
give our customs authorities the
right to board and make arrests
upon any vessel whatsoever that
happened to pursue course within
the twelve-nile zone.
The effrontery Of this claim Is
obvious. To board British ship
plying between Jamaica and Halifax
and arrest her captain would be a
seizure utterly impossible to defend
fr international law, Fordney act or
no Fordney act Such seizure
made by private citizen would
amount TO plain piracy. Done by
governmental officer, it would
amountlto a grave breach of inter
national ohiipo{iops
1t is easy to say that our relations
with Great Britain are too friendly
TO permit the thought that any seri-
Gus consequences might result. It is
precisely by such affronts that bad
blood is made between countries, and
Il is entirely possible to imagine how
Il serious episode might develop ou,
i Of such an illegal act. Over a hun.
q dfed men, agents and bootleggers
y have already been killed in The
domestic enforcement of the Vol
stead act. There is every likelihood
that, as things were going, an enthu
siastic prohibition agent would pres
emily have flourished q gun in th,
face OF some sturdy British skippe,
well beyond the three-mile limit, on,
or the other would have lost his tenn
per, and an exchange of word
and bullets would have resulted in
first-rate international incident, Will
general wrath and rancor all round
The new rule laid down by the Ad
ministration retreats to the onl,
safe mark, the old, clearly recog
nized three mile limit. 1t abandon
tie lowering act and the Fordne
act save in the one case where shi,
is actually in communication wit
the shore by its own boats. This i
such obvious smuggling that it ca
hardly lead to trouble. The Ameri
can people want peace and interna
tional good feeling. The Volstea,
act is the law of the land and it mus
be enforced, but not at the expens
of international law. That is un
doubtedly the wish of the nation
aud there will be general relief tina
go more chances are to be taken o
breaking faith with our foreign
friends and precipitating an interna
tfonaI incident over a barrel of rum
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The Westchesser Plan