Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-10-12
Modifying the I.iuuor Ruling

| Is announced tnat me IrpSldent VIII
L direct modification of Attorney Gen
.ral Daugherty's drastic railing respecting
the application OF the Nolstead law Ia
American vessels as It affects rights which
cannot even NV strained construction he le
ultimately brought within the scope OF its
authority In preparing regulations to en-
force the ruling. il has been found that it
undertakes 10 prohibit several things. which
the Law itself specifically permits. Hence.
ia got out OF the mess into which tho Al
torncy-General has plunged tho admins
traiive authorities. the President will call
rpom he Treasury. State and Justice De
parmcnts to clarity numerous problems
NOT anticipated when the ruling was pro-
mulGatcd
u is MOI The Presidents purpose. how
ever. To interfere with the ruling any fur
Their than as il affects American ships The
cnestion Of whether il exceeds the author
iiy OF tn" government in lis restrictions
upon Tho rights OF vessels under foreign
flags is on" that will he left to tho Supreme
Court 10 pass nron. should foreign ship
ping interests determine 10 contes, the rul-
ing. as il is certain they will do The fact
that the ruling has put this country in an
unfortunate position in tho eyes of other
nations. causing tho reputation of the
United States for minding IT'S own business
IN suffer does not cause tho President suf-
hcicni worry tn induce him To seek mudif-
cation in This direction
After the Daugherty ruling has been mod
ihed to bring il clearly within The authority
OF the Nolstcad law over American vessels
II is reasonably certain that the Supreme
Court will uphold its soundnoss IN that ex-
tent. but there is scarcely room to doub,
that The ruling and the order which result
cd from it will he untitled ny that tribunal
ipnt ey.-.
vessels entering our ports MIR. Daugherty
right fully contends that American vcsseis
are part of American territory. whether
on tho high seas or IN foreign ports. and
therefore. subject {" its jurisdiction and
th" authority Of lis laws; bm, in that con
'en;ion h" cannon consistently deny that
similar jurisdiction and the authority of
lis laws exists in every other nation over
its ships wherever they may sail and in
any port they may enter. As ambitious as
Mr.. Daugherty may he To sunpiani inter
national law with the Nolscad act it is
unlikely that his interpre, alton Of lis an
ih"rity will he accepted by the United
States supreme Court.
Rather. when the Supreme Court comes
tc pass on the abSurdity OF the Attorney
Generals opinion it is likely TO accept the
view OF what tho United States said TO
England when Daniel Webster. then Soc
rotary of State. said respecting The prin-
ciplcs Of jurisdictio ion over merchant yes
sells: The rule of law aud tho comfy and
practice OF nations allow even to a mrr-
chant vessel. coming into any Opcn port
of another country voluntarily and for tho
purposes Of lawful trade. to bring with her
and keep over her. to very considcrab bic
extent, the Jurisdiction and authority OF the
laws OF her own country, excluding. To this
extent. by consequence. the jurisdiction OF
Inc local law. ship, say the pubcsts.
though al anchor in a foreign harbor pre-
serves its Jurisdiction and its laws II is
natural 10 consider the vessels OF a nation
as parts Of it's territory. though a, sea as
The State retains its jurisdiction over them:
and. according To the commonly received
custom this jurisdiction is preserved over
the vessels. even in parts OF the sea subject
10 a foreign dominion.