New-York tribune., 1922-12-20
Ship Lines File
Appeal Brief on
Ruling
Supreme Court Sets January
2 for Hearing of Injunc-
tion Writ Against the
Daugherly Port b a n
Five Law Points Raised
Wickersham Says the Order
Violates Comfy and De-
parts From Our Policy
v,,- ~, Trlbrre's Vashisgfo. Brrsas

Frofn ne Trihrrfa W1fhiH1foA Dh'e"-
WASHINGTON. Dee. ie.--George W.
wiekersham, former Attorney General
as counsel for the ten great foreign
steamship interests that are fighting
the ruling Of this government on the
question Of liquor on foreign vessels
within the threc-mile limit, hled bis
brief with the Supreme Court to-day.
The ten cases, which are being treated
as ore. will come up for hearing Jan
uary 2. e.
Court on appeal from the District
Court OF the Southern District OF New
York Judge Learned Hand presiding.
Judge Hand dismissed bills Of com
piaint fled 10 enjoin Secretary Of the
Treasury Mellon, Acting Collector Of
cnsforns Stuart. OF New York, and Fed
Syai Prohibition Director Day from en-
forcing against foreign steamships ply
ing between American and foreign
ports the provisions OF the national
prohibition act as construed By Attor-
ney General Daugherty.
Mr Daugherty's ruling reversed the
construction placed on the act By for
mer Attorney General Palmer and by
the general counsel Of the Shipping
Board. He held among other things
that foreign ships carrying Intoxicating
beverage liquors as ships stores within
the three-mlle limit violated the prohi-
bition act and, therefore, the Pres
ident directed the Secretary Of the
Treasury 20 formulate regulations for
the enforcement Of the ruling.
Brief Covers lo2 Pages
The brief OF Mr.. Wiekersham covers
1O2 pages and contends for the right Of
the foreign steamship companies 70
carry Intoxicating liquors ss sea stores
for crew and passengers within the
three-mile limit, or, In other words,
within the territorial waters Of the
United States.
n rs the view Of the government,
and especially Of the prohibition Of
fcials, that II the foreign steamships
win out Ia their contention, the diff
fculties Of preventing the smuggling
Of liquor into this country will be
much increased. .
Mr.. Wiekersham makes Ave chief
points, as follows:
/. Neither tie Eighteenth Amend
ment nor the rational prohibition act,
properly eOnstyled, requires the ap-
plication Of the prohibition TO every
place wherever the United States may
exercise rs power.
2. A fore gn ship temporarily with
in 4he waters Of the United states is
not territory subject 70 the luusdic-
tion" Of the United States, within the
meaning Of the Eighteenth Amendment
and the national prohibition act.
3. The courts will never give q con-
struction 70 q statute contrary TO in
ternat.onal law or the accepted Gus
tom and usage Of civilized nations,
when It is possible reasonably 10 con
struo Il in any other manner.
4. Sea stores on merchant ships are
considered as part Of the ship itself
and always hlye been exempted from
tariff and other laws affecting mer-
chandise introduced into this country.
o. Even II fore gn steamships within
American ports should be considered
as territory subject to the jurisdiction
of the United States. nevertheless the
carriage Of Intoxicating liquors SIS part
Of their sea stores under the circum-
stances described In the bill is not a
violation Of the amendment or the
statute.
Stresses Transportation
Mr.. Wiekersham stresses the fact
the foreign steamship companies do
not seek to transport liquor for use
as a beverage within the United States,
It's territories, Hawaii and the Virgin
Is ands" and that the law and amend
ment are aimed az transportation for
b vorage purposes.
II is contended the ruling Of Attor-
ney General Daugherty is in violation
Of international comfy and Of the pre-
eeding uniform policy Of this govern
ment.
It Is objected that II the intention
Of the governTtnt Ia carried out II
will extend a laV1 which amounts 70 q
domestic police regulation "over the
internal concerns Of foreign ships and
thus indirectly foist our laws and our
conception Of the proper use OF alcohol
for beverage purposes over the people
OF other nations whose usaEeS and laws
differ from ours" and t,.-S this was not
the intent Of the Eighteenth Amend
mcnt or Of Congress.
In summing up. Mr.. Wiekeraham
says;
1T is our contention that although
the amendment and the act BY their
terms apply 20 the United States and
all territory subject 10 its jurisd ction.
those words in and by themselves do
not operate 20 constitute regulation
OF the internal affairs OF foreign
merchant vessels coming within our
waters; that immemorial usage has
established the right OF such vessels
20 bring within our jurisdiction as q
part Of the stores or supplies for the
use Of passengers and crew on their
voyage certain alcoholic beverages.
and for these reasons the judgment Of
the district court should be reversed.
and the defendants enjoined from IN.
terfering with the continuance Of the
customs and practices in this regard
pursued By vessels % foreign reg
Z istry."
The appellants are the CunArd
Steamship Company and Anchor Line:
Oceanic steam Navigation Company;
International Navigation Company;
Compagnie Generate Trans-Atlhutique (;
Holland America Line; Liverpool
Brazil and River Plate Steam Naviga-
ti0n Company; Royal Nail Steam
Packet Company; Scandinhvian-Amer-
lean Line; Pacific Steam Navigation
Company, and Navigazione Generals
ltaliana.