Middletown transcript., 1922-10-07
COURT TO PASS
upon 3-M|LE LIMIT.
Judqe Artifies British Crafts
Case to Supreme Tribunal
RELEASE TO BE DEMANDED
Jurist Cites Opinion OF Chief JUS
tice Marshall At Variance With
Hughes, And Asks Ruling.

Washington.--Early decision by the
United States Supreme Court upon
the question of Federal jurisdiction
over foreign vessels engaged in illegal
activities outside the three-mile limit
was forecast in Government circles
after information had been received
that United States Judge James NJ.
Morton. at Boston, had certified" that
question to the highest tribunal in the
case of the schooner Grace and Ruby.
With the October term of the SUI
preme Court opening Monday, the
Government is prepared to ask for
expeditions consideration of the ques
tion as constituting the crux of the
prohibition enforcement campaign
along the coast. Ii is the custom of
the court to grant such requests and
Government officials expressed hope
today that a basic ruling soon would
be had from which they could proceed
in dealing with matters now in contro-
versy with foreign Governments as
result of efforts of prohibition agents
to stop the flow of smuggled liquors.
Necessity for early action was in
creased by information that the Brit
ish Government was about to request
the release of all vessels of British or
Dominion registry which have been
seized beyond the three-mile limit, un-
less they were captured while engaged
in traffic with the shore through the
medium of their own boats. The
British decision was based, it was
said on recent instructions from Presi-
dent Harding to r. A. Haynes, Prohibi-
tion Commissioner, and to officials of
the customs service that they must
confine their operations against for
eign shipping to the marine limit fixed
by international law.
Judge Morton, in sending the Grace
and Ruby case to the Supreme Court,
set forth that the question which he
desired to have ruled upon was wheth-
er his court had jurisdiction of libels
for forfeiture and for penalties against
British vessel seized by a coast
guard cutter on the high seas under
the circumstances which obtained in
the case of the Grace and Ruby.
The case has been selected by the
the several which have arisen since
Commissioner Haynes began to pay
special attention to the rum runners
of the sea Officials here said the
selection was deliberately made be
cause the facts, as stipulated by the
Government and by the defense in thu
trial at Boston, We're specifically il
line with the argument on which thu
Government must rest its claim Il
jurisdiction.
The facts agreed upon were tina
the vessel British owned and com
manded by a British subject wa
boarded about six miles out by a me
tor boat from the American coast
which was then loaded with whisk
and returned to shore, towing small
boat from the visiting ship. 1t wa
further agreed that certain member
of the crew went ashore with tn
liquor and-on the part of the Govern
ment-that the ship was seized ou
side the three-mile limit.
Judge Morton ruled that while 18th
high seas are the territory of no nj
tion," it did not follow that "a natio
is powerless against vessels offendin
against it's laws" which remained ou
side a narrow limit. He quoted tn
opinion of Chief Justice Marshall |
the case of Church VS.. Hubbart, ths
nation could provide by statute c
other municipal regulation for seizur
and forfeit of such vessels" whic
transgressed the hospitality of water
adjacent to its coasts "if reasonabl
necessary for its proper protectio
and the enforcement of its laws"
This opinion has been questioned h
some experts on international la,
Judge Morton said, and is "perhaI
not entirely consistent with thos
which have been expressed by oil
State Department" but he added TIL
the decision of Chief Justice Marsha
had never been overruled, and
must, therefore, be bound by it "un1
the law is clearly settled otherwise "