South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-10-13
FEDERAL JUDGE
CRANTSPETITION
FOR INJUNCTION
British Lines Expected to Re
new Attempts to Obtain
Similar Order.
POSTPONE REGULATIONS
Expect Mellon to Delay Draft
- Expect Real Court
Fight Over Ruling.

WASHINGTON. Oct 12.-lBy A.
P)-Issuance by Federal Judge
Hand In New York OF a temporary
order restraining prohibition and
custom agents from enforcing the
liquor ban against vessels OF .he
American line was accepted today
in government circles as effectively
bringing before the courts The cues
ton of the authority OF -he severn
ment in this respect
Failure of counsel for the British
owned Cunard and Anchor lines 20
obtain a similar order was expected
10 lead 20 a renewal OF their peH-
zion either in NeV York OF some
other federal judicial district with
a more detailed showing az the dam
ages which they aueee would result
from operation OF ATTY. Gen. Daugh-
erty's Interpretation OF the liquor
statutes
PRONUNCIATION OF regulations by
Secy Mellon 10 carry OUT the terms
of the liquor ruIiug was expected %
be automatically postp oned by the
effect Of Judge Hands action The
initial draft of these regulations
We're laid before Sec'y Mellon today
but il was indicated that several
material changes were. in his opin-
ion. desirable before they could be
officially approved and distributed
TO enforcement agents.
Discuss Seizure Phase
An important phase of enforce
ment still under discussion was
whether foreign vessels convicted OF
violation OF the transportation Sec
ton" OF the Nolstead act would be
amenable 10 Tie forfeiture penalty
} imposed by that section. Atty Gen
Daugherty ruled formally that .u
such cases the ship. whether pala-
. tial liner or coastal tramp. would
/ be liable TO seizure and sale by the
7 government Sec'y Mellon. how
! ever indicated that such drastic
] measures would not be required ef-
: fectively TO achieve the purpose OF
the law and gave the impression HAT
the penalties imposed for the pres
I ent at least. would bee confined tot
seizure OF Illicit carg0es and .mpOs-
ure of fines.
Reports from Paris that French
! and British shipping interests were
preparing TO initiate other suits so
/ test the validity OF the uqu0r-On-
ships ruling were welcomed az the
1 Department of Justice as Offering
additional more of a speedy determ-
/ nation of the issue .n case the Cum
ard lines suit should prove defec-
tive in some techuica. element of
dcials here were under the impress
I sion that the real court tight
would be made upon the question 1t
whether the Nolstead act iufrluged
upon the rights OF friendly nations
and if so whether am act of COM
eress which had such effect was cou-
sututional
In order 20 remove as far as pos
sble the discrimination operating
against American ships as a result
/ of the extension 70 oc- Is of the
I ban against entrance into American
waters OF foreign liquor carriers
Sec'y Mellon issued instructions TO-
day that ships which have y0.un-
Jarily surrendered thelr liquor
stocks. but which are scheduled 20
| sail on or before Saturday. would be
allowed 20 regain such stores. 80
| sales viii De permitted however on
/ American vessels anywhere or on
foreign ships within American terri
orial waters. subsequent 10 the re-
porting OF the last ship which clear
| ed on oct "a American ships now
in foreign waters which gave up
their beverage stock 1T.l ba al
lowed TO record and take -hem into
I r~rrs. ON r-r-+a Mr. Mellon s.urgrruc-