Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1922-10-07
COURT TO PASS
UPON SMILE LIMIT
Judge Antilles British Crafts
Case to Supreme Tribunal
RELEASE TO BE DEMANDED
Jurist Cites Opinion OF Chief JUS
tice Marshall At Variance With
Hughes. And Asks Ruling.

WashingtOn.-Early decision by the
United States Supreme Court upon
the question of Federal Jurisdiction
over foreign vessels engaged in illegal
activities outside the three.mile limit
was forecast in Government circles
after information had been received
that United States Judge James NJ.
Morton. at Boston. had certified" that
question to the highest tribunal in the
case of the schooner Grace and Ruby.
With the October term OF the Su.
preme Court opening Monday, the
Government Is prepared to ask for
expeditions consideration of the ques.
ton as constituting the crux of the
prohibition enforcement campaign
along the coast. II is the custom OF
the court to grant such requests and
Government officials expressed hope
today that basic ruling soon would
be had from which they could proceed
in dealing with matters now in contro-
versy with foreign Governments as a
result of efforts of prohibition agents
to stop the flow of struggled liquors.
Necessity for early action was in
creased by information that the Brit
ish Government was about to request
the release OF all vessels OF British or
Dominion registry which have been
seized beyond the three mile limit, I'M
less they were captured while engaged
in traffic with the shore through the
medium of their own boats. The
Ida t-t Lot IA
said. on recent instructions from Presi.
dent Harding TO r. A. Haynes. Prohibit
ton Commissioner. and to officials OF
the customs service that they must
confine their operations against for
eign shipping to the marine limit fixed
by international law.
Judge Morton. in sending the Grace
and Ruby case to the Supreme Court,
set forth that the question which he
desired to have ruled upon was wheth-
er his court had jurisdiction of libels
for forfeiture and for penalties against
a British vessel seized by a coast
guard cutter on the high seas" under
the circumstances which obtained in
the case of the Grace and Ruby.
The case has been selected by the
Department of Justice as test for
the several which have arisen since
Commissioner Haynes began to pay
special attention to the rum runners
OF the sea Officials here said the
selection was deliberately made be-
cause the facts. as stipulated by the
Government and by the defense in the
trial at Boston. were specifically in
line with the argument on which the
Government must rest its claim to
Jurisdiction.
The facts agreed upon were that
the vessel. British owned and com.
manded by a British subject, was
boarded about six miles out by a mo-
tor boat from the American coast.
which was then loaded with whisky
and returned to shore towing a small
boat from the visiting ship. II was
further agreed that certain members
OF the crew went ashore with the
liquor and-on the part of the Govern
ment-that the ship was seized out
side the three.mile limit.
JHube MORTON Tuleu tnat while the
high seas are the territory of no ma
tion.' IL did not follow that "a nation
is powerless against vessels offending
against its laws" which remained out
side a narrow limit. He quoted the
opinion of Chief Justice Marshall in
the case of Church VS.. Hubbart. that
a nation could provide by statute or
other municipal regulation for seizure
and forfeit of such vessels" which |
transgressed the hospitality OF waters
adjacent to its coasts "if reasonably
necessary for its proper protection
and the enforcement OF its laws"
This opinion has been questioned by
some experts on international law.
Judge Morton said. and is perhaps
not entirely consistent with those
which have been expressed by our
State Department" but he added that
the decision OF Chief Justice Marshall
had never been overruled. and he
h. 4. L..