The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1922-11-02
FURTHER RESPITE
IN LIQUOR RULING
Treasury Department TO Await
Opinion by Supreme Court
on Daugherty Decision.

Washington - Enforcement Of the
national prohibition law with respect
to foreign shipping within American
territorial waters will await a hnal In
terpretation Of that section Of the stat
ute by the Supreme Court, II was lndl-
Gated by administration officials This
Interpretation is expected by govern.
ment officials late next month or In
December.
Decision OF the Executive Depart
ment 10 withhold enforcement OF the
law as construed by Attorney General
Daugherty. in his opinion OF October o,
was formally communicated 10 Asso-
ciate Justice Brandels, Of the Supreme
Court, who subsequently refused TO
grant various steamship lines a stay
against the enforcement OF Federal
Judge Hands decision at New York,
dlsmissIng their application for per-
manent injunction restraining Federal
agents from applying the Volstead act
Justice Brandeis, who was sitting In
chambers, was understood 10 have
agreed with counsel for the govern
ent and the steamship lines that the
decision TO withhold enforcement had
removed any necessity for a legal stay
through a writ Of supercedeas, which
had been requested by the lines and
acquiesced In by the Department OF
Justice The decision as to enforce
ment was Incorporated In a formal
order issued by Secretary Mellon to
customs officers and prohibition agents
which was drafted after Mellon had
conferred at length with Attorney Gen
eral Daugherty. The order was ex-
planned In this statement by the Treas
ury Secretary
Regulations are being prepared by
this department for putting into effect
the opinion Of the attorney general Of
October 9, 1922. but the subjects to be
covered are various and OF a compll-
Gated nature which are requiring con
siderable time and the attention Of the
several different departments affected
Until the new regulations have been
worked out those al present In force
will prevail. and have today tOct. 25) |
issued 10 the chief OF the division OF
customs and the commissioner Of inter |
na' revenue an order to that effect
Therefore, until the new regulations |
are available enforcement Of the law
will continue as heretofore. For In 1
stance. foreign ships entering Amerl /
can territorial waters with liquor on /
board as cargo under such seal for the |
present proceed under such seal to
their destination in a foreign port and T
sea stores in such foreign ships which .
are required to be sealed on arrival
OF the vessel within American ports,
can, when such stores are required for
the use Of the officers and crew of the
vessel. be opened only from time to
time for withdrawal for such purpose,
but must be Immediately resealed.
"When the regulations governing en-
forcement OF the law are completed
and approved notice will be given OF
the date on which they will become
and a reasonable time will be
given foreign shipping to meet the new
"In the meantime there Is a possl-
Dility that the case which Is being ex-
oedited and which is expected to come
before the Supreme Court during No
gember may be decided. and in that
event the contemplated regulations In
preparation may have 10 be modified
% conform to the anticipated decision
u the court"
Counsel for the steamship com
lanies. In their petition 10 Justice
contended that enforcement
II the Daugherty ruling would cause Z
rreparabie damage 10 their business 9
md would lead 10 diplomatic difficult {
les A statement By the Department
Il Justice emphasized that the govern
nent did not concur in these c0nten-
ions, and acQuiesced In the petition
or a writ solely on the ground that {
preparations had been completed 10 !
xpediie consideration Of the case by J
he Supreme Court IA