Belington progressive. [volume] (Belington, W. Va.) 1912-1927, 1922-10-26
DAUCHERTY DRY
] SHIP RULE UPHELD
Court viii Grant Say Il Appeal
is Made to Supreme Court.
DENY PERMANENT INJUNCTION

Y. S. Judge Merely Extends Restrain
ing Order to Permit Test Of "Bone
Dry" Ruling.
New York-Federal Judge Learn
ed Hand handed down decis-
ion dismissing the motion Of dozen
or more foreign and American ship
companies for permanent Injunction
restraining federal prohibition agents
from putting into effect the bone dry"
ship ruling of Attorney General
Daugherty.
He extends the stay temporarily,
providing the steamship companies file
an immediate appeal to the United
States supreme court.
Judge Hand decided in favor of the
government on all points. The decis-
ION was rendered on the specific mat
ter of the application of foreign lines
for an injunction protecting from seiz-
ure ships carrying liquor Under seal
ON the east-bound voyage from thes
united States.
The decision applies to both foreign
and American lines because of the
statement made by Judge Hand dur
ing the injunction proceedings last
week defeat of the motion of the
foreign lines would naturally bring
about defeat of the Americer lines
motion.
The temporary extension of the stay
applies only to liquor to be used as
supplies for members of ships crews.
This extension was granted on the
furnishing of bond of $4,000 by the
steamship companies to guarantee the
liquor would not be used for any other
purposes than the one stipulated.
Judge Hand found steamships, in
carrying liquor and in serving 1t to
passengers and members of the crew,
were guilty Of transportation of it,
but he said he would go no further
than to issue an injunction against in
terfering with the carriage Of stock
necessary for the crews rations on
the eastbound voyage, dismissing all
other motions for injunctiols.
ignoring for the moment the crew."
be said, call Of the stocks are avowed-
~ intended for the consumption Of
persons who are now within the Unit
ed States. But substant al number
of these persons are residents or citi-
zens of the United States, the very
persons it was the whole purpose of
the (prohibition) amendment to pre-
vent drinking liquors.
Naturally, / have nothing to say
about the wisdom of the amendment
or the law, but, wise Or not one thing
Is clear, that a drink of whisky is as
burtful to health and morals outside
as inside Ambrose Light. 1t appears
10 me inconceivable, when one is dis
cussing the implicit intent of congress
that statute cast in such sweeping
terms should be read as Indifferent to
open preparations within the United
States for the qualification by its citi-
Gems Of exactly these appetites which
it was tie avowed intent of the statute
altogether to deny.
Nor do / believe that any one
would hesitate to think so who did not
already repudiate1the whole reform if,
for example, were to substitute CO.
caine of opium for alcohol. / can
scarcely think there could be any dis
interested difference Of opinion.
Suppose ii we're the habit of Chi
Dese vessels to bring to our ports
among their stores proper supply of
morphine and opium with the avowed
purpose of dispensing it freely to pas
sengers from the United States as
soon as they cleared the legal limit.
Gould 1t be seriously argued that .
constitutional amendment and q
statute in broad language designed 10
prevent cittzens from usin. this drug
did not cover 20 palpable Z, means q
Multiplying the very purpose Of the
hws
ut IL indeed different with % much
,ef the stocks as are kept for the
crews, and much stronger argument
can be made for the legality Of their
carriage, though these also seem to me
10 fall within the decisions have 90
often cited. However, that question
is really irrelevent as these cases are
presented" j.
Everett Mastt Of counsel for the
White Star line, announced his Arm
and representatives Of the other for
.eign and domestic lines represented
in the proceedings could bring an ap-
pal as soon as possible.