The Washington times., 1922-10-23
RULE
|54JPKELD
COURT
Judge Hand Denies Plea Of
Companies Against Daugh-
erty Liquor Edict.
Internatien.I New, ser,,cs.

International News Service.
NEW YORK, Oct. 23.-The
right of the Federal Government
to; forbid ,tiie. carrying Of liquor,
on ships of American registry
and to prevent foreign owned
ships from bringing liquor within
the Territorial waters of the
United States was upheld today
by Judge Learned Hand in the
United States District Court.
Daugherty Is Upheld.
The ruling of Attorney General
Harry NJ. Daugherty declaring the
carrying OF liquor on American and
foreign ships illegal. was upheld by
Judge Hand. The jurist held that
the Folstead act gave the Govern.
ment the power to impose such re.
strictions upon the maritime liquor
traffic.
Judge Hands decision carries with
II a denial of the Injunction asked
by the Cunard, Anchor, French
Inc. and other steamship services,
which sought to have the internal
revenue officials restrained from
enforcing the regulations promul.
gated by the Treasury Department
on the basis Of Attorney General
Daugherty's ruling.
Goes to High Court.
Judge Hands decision, however,
does not settle the fight. as the
steamship lines already have de.
clarcd they will carry their fight
to the United States Supreme Court
for a final ruling.
Judge Hand ruled. however. that
foreign ships might carry with them
''on the eastbound voyage" sufficient
liquor to provide necessary rations
for the crew. The foreign ships, in
arguing for an injunction. had con.
tended that the question on board
was ships stores" and was an es.
sential part of the rations provided
for the crews.
This phase of the decision would
prevent foreign ships leaving Ameri.
can ports from carrying a stock of
liquor for sale over the bar on the
high seas to passengers aboard the
vessels.
Plaintiff Has No Case"
80 far as ! can see." said Judge
Hand in his opinion, "in this case
the plaintiff has no case. Therefore,
I will go no further than to issue
an injunction against interfering
with the carriage of a stock neces.
sary for the crews rations on the
east-bound voyage.
"The plaintiffs must each give n
hond. in the sum of $4,000, con.
ditional against the use OF such
stocks fof any other purpose than
as crews rations."
The effect Of this ruling. as inter.
nfted by shipping men. Is that ships
sailing to America from a foreign
port may carry a stock OF liquor for
passengers to be sold at sea. They
may not. however. bring this stock
into American ports, and. upon
leaving the ports Of the United States
cannot carry supply larger than Is
required for the needs Of the crew.
"Drys" Get Free Hand.
THE SUSPENSION Of law Of the
United States" Judge Hand declared,
"esDeciallv law In execution OF q
Constitutional amendment. Is of H.
self an irreparable injury which no
Judge has n right to ignore. The
public purposes which the law was
intended to execute have behind
them the deep conviction Of thou.
sands Of persons whose will should
not be thwartcd from what they con.
ceive to be for the public good.
"I have nothing to say about the
wisdom Of the amendment or the
law. but wise or not. one thing Ia
clear: That drink Of whiskey is as
hurtful to health and morals outside
as inside Ambrose Ambrose light
marks the three.mile limit zone of
New York harborh II we were to
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