The Washington herald., 1922-10-12
Judge Demands Treasury
Show Cause to With
hold Injunction.
BRITISH REFUSE
SEARCH REQUEST
First Vessel Here After
October IA With Liquor
To Be Detained.

NEW YORK. Oct. 11.-Attorneys
for the Cunard and Anchor Line.
II was learned tonight. appeared
States District Court late today
before Judge Hand in the United
and applied for an order restrain
ing the United states Tr .asury De-
partment from seizing either ships
or liquors aboard.
Mai. John Holley Clark, jr.. as
sistant district attorney, argued
against the application and Judge
Hand refused to grant i. How
ever, tho Judge ordered the Federal
authorities to show cause why the
restraining order should not be
granted. The order is :urnabla
next Tuesday at 2:3O p. m. in Fed
eral Court.
Warning Is Sent.
For your information ind guild
ance," was the diplomatic manner
in which Acting Collector of the
Port H. c. Stuart today forwarded
to all steamship companies copies
of President Harding's letter of
October Z. relating to prohibition
enforcement.
Copies of the letter ware sent
az a warning to steamships under
foreign nags that October IA was
their last day of grace and after
that they would be amenable TO
United States law.
Steamship officials interpret the
letter to mean that ships hyiny
foreign nag leaving for
eign port before October Il will not
be subject to the law, but that all
vessels hereafter arriving at any
port in the United States after
leaving their home port on or after
October II will be.
Representatives of the foreign
steamship companies operating out
Of New York maintained their po-
sition today. Such liquor as was
on board she vessels was under
seal and will remain so until the
vessel passes the three-mile INIT
The President Polk of the United
States lines was tae hrst dry ship
to leave New York harbor today.
Capt. Schofield. in command. said
all the liquor on board had been
removed. Close watch was kept
on members of the crew returning
from shore leave to see that no
liquor was smuggled on board.
British Refuse Request.
LONDON, Oct. 1.-THE British
government has refused the request
of the United States that search OF
British ships outside the American
three-mile limit be permitted when
necessary to prevent rum SNUG
Cling.
The refusal is made in note
which has been dispatched to Am
bassador Geddes at Washington for
transmission to the State Depart
ment. Washington had asked the
British to cooperate in runnin g
down rum runners plying along the
America coast.
Great Britain. in declining to per-
nit search and seizure of British
vessels. pointed out that 1t doubted
of such an arrangement would be
possible in view of the prevailing
rules of international law and the
danger Of creating precedents.
This is not to be taken as indi-
eating an unwillingness to assist
America prohibition enforcement
authorities. The British note says
measures already have been taken
to cooperate with the colonies in
preventing issuance of fraudulent
clearance papers. transfers of ship
register and other violations OF
shipping laws.
Apart from the note, it has been
indicated that if England ever in
tended to grant search and seizure
privileges. such tendency was mate
rally lessened when the United
States made it's ruling barring for
eign ships from carrying liquor. even
under seal, inside the three mile
limit.
Test Case Planned.
Friendly search ana seizure. paw
ing the way for an amicable test
case of the Daugherty ruling for
biding liquor on foreign ships with
in the American three limit.
will be exercised by American Gus
toms officials against the first ship
leaving home port after October
IA and attempting to enter the
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