The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1922-11-03
WET" PENDING
COURT RULING
Formal Order Sent to Cust0mt
and Prohibition Agents
LEGAL STAY NOT NEEDED
U. S. Ships Out OF It-Supreme Court
Decision May Neeessitate Modi-
fication OF Regulations
Legal Stay Not Needed

Observation-Disclosures of the
national prohibition law with respect
to foreign shipping within American
territorial waters will await final
Interpretation of that section of the
statute by the Supreme Court it was
indicated by Administration officials.
This Interpretation is expected by
Government officers late next month
or in December.
Decision of the executive depart
ment to Withhold enforcement Of the
law as construed by Attorney General
Daugherty, in his opinion Of October
6, was formally communicated to As
sociate Justice Brandeis Of the SUI
preme Court, who subsequently re-
fused to grant various steamship
lines a stay against the enforcement
of Federal Judge Hands decision at
New York dismissing their applica-
tion for a permanent Injunction re-
straining federal agents from apply
ing the Volstead act.
Justice Brandeis, who was sitting
in chambers, was understood to
have agreed with counsel for the
Government and the steamship lines
that the decision to Withhold en-
forcement had removed any neces-
sity for a legal stay through writ
of supercedeas, which had been re-
quested by the lines and acquiesced
in by the Department of Justice.
The decision as to enforcement was
incorporated in a formal order is
sued by Secretary Mellon to customs
officers and prohibition agents, which
was drafted after Mr.. Mellon had con-
ferred at length with Attorney Cen
eral Daugherty. The order was ex-
planned in this statement by the
Treasury Secretary:
Regulations are being prepared by
this department for putting into ef-
feet the opinion of the Attorney Cen
eral of October 6, 1922, but the sub
jects to be covered are various and
of a complicated nature, which are
requiring considerable time and the
attention of the several different de-
partments affected.
Until the new regulations have
been worked out those at present in
to the chief of the division Of Gus
toms and the Commissioner of In
ternal Revenue an order to that effect.
Therefore, until the new regula-
tions are available, enforcement of
the law will continue as heretofore.
"For instance, foreign ships enter
ing American territorial water 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 vessel
within 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 purposes, 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 territorial waters.
"When the regulations governing
enforcement Of the law are completed
and approved, notice will be given
of the date on which they will be-
come effective and reasonable time
will be given to foreign shipping to
meet the new conditions"