The New York herald., 1922-10-21
BRITISH PROTEST ON
LIQUOR SHIP UPHELD
Seizure of the Emerald Said to
Have Been Illegal in Re-
port of Day.
Special Dispatch to THE NEW York HERALD.
New York Herald Bureau.
WashiuEfau II ~ i.

Special Dispatch to THE New York HERALD.
New York Herald Bureau.
Washington. ID. c., Oct 20. n
In the seizure of the schooner Emer.
aid outside the three mile limit. the
American dry navy exceeded it's juris
dction and leaves the British Govern
ment with a clear case for protest to
the State Department following the in
formal representations made by the
British Embassy last Wednesday.
Late this afternoon there was re-
ceived at the prohibition unit OF the
Treasury a report from Prohibition
Director Ralph A. Day>of New York
which set forth the circumstances Of the
seizure in such way as TO indicate
that the boats smuggling liquor between
the Emerald and the shore did not be-
long to the schooner and were not man.
ned by tho schooner's crew. !,
This was exactly the basis OF the
representations made by the Embassy
and the reason put forward why the
seizure was illegal in international law
Director Days report OF the facts up
holds the contention of Great Britain.
AS the only difference between this
Government and the British authorities
relates to the question of facts it Is
believed the State Department will seek
to adjust the matter with the British
Government through the regular diplo-
matte channels, while the Treasury will
be forced to order the release Of the
vessel
The report had not reached the State
Department in time for comment, but
it has been stated both at the Depart
ment and at the Treasury that seizure
of a foreign ship outside the three mile
limit cannot be sustained except where
there is clear proof of Illegal COM
munication with the shore through the
vessels own boats and crew. The incl
dent and finding of facts as indicated
are expected to result in more stringent
orders to prohibition forces in accord
ance with the policy of the Administra-
ton. ~
In preparation for the expiration to-
morrow Of the time limit set by the
Treasury for putting the paugherty
ruling into effect. the prohibition unit
to-day put the regulations in their
final form. Secretary of the Treasury
Mellon has not seen the rules and while
the prohibition unit, which Is anxious
to set loose it's sleuths on foreign ves-
sells. will try to get them to the Secre-
tary's desk tomorrow there is every
reason to believe he will not be in any
hurry to act on them.
Mr. Mellon is known to feel that the
regulations should be considered from
every point before they are issued in
final form, his idea being that nothing
should be put into them that can cause
foreign ships unnecessary annoyances
or bring embarrassment to the Govern
ment where the application OF the
rule of reason" can avoid them
1t took the Secretary several weeks
to pass finally on the medicinal regula-
tions and in view of this caution it is
not expected he win sign the new regu-
lations in a few hours. In case he
postpones signing them it is probable
the time limit will be extended rather
than that the Government should resort
to the enforcement, of ruling without
definite directions.