Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-10-17
BATTLE AGAINST
LIQUOR RULING
BEGINS IN n. !.
Right of Foreign-0Wn
Ships to Enter American
Ports With Intoxicants
Aboard Is Being Tested.

New York, Oct. little legal
battle to determine the right of
foreign owned ships to enter ports
in the United States with liquor
abroad was opened tonight with
the issuing by United States Dis
trict Attorney Hayward of reply
to the bills in equity brought by
five foreign steamship companies
to restrain enforcement of the re-
cent ruling preventing the carrying
of liquor on vessels entering Amer
lean ports.
The reply makes. in the main,
four content ons: That the district
court, before which the cases are
to be heard tomorrow morning has
no jurisdiction in the matter; that
the suits are really against the
United States government; that
they do not show that the govern
ment has consented to be sued; and
that they do not disclose any basis
for an action in equity.
Upon these grounds the defense
OF Secretary of the Treasury Mel
Ion. Henry G. Stuart, acting col
lector of customs for the port OF
New York, and Ralph A. Day. fed
eral prohibition director for the
state of New York, will be built in
court tomorrow.
Mn Hayward. who is acting for
Secretary Mellon, in the reply,
answers specifically the ground
upon which the requests for in
functions are based.
AS to the difficulty which the
foreign steamship companies state
they would suffer by reason of
laws compelling them to furnish
wines to members of the crew. Dis
trict Attorney Hayward says that
the payment OF higher wages would
recompense crews for the lack of
such stimulant.
Regarding the loss of the profit
made by the foreign ships in the
sale Of liquor, District Attorney
Hayward claims that this loss is
the only one which the companies
will suffer under strict adherence
to the new ruling.
To the charge of the complain
ing steamship companies that the
attorney generals ruling is a mis-
Interpretation of the Volstead act,
the reply states:
IF the compliments are correct
in their construction of the ma
tional prohibition act. the implica-
tons involved are exceedingly seri-
GUS and the claim of the COM
plainants. if allowed. would carry
with 1t as a necessary corallery the
right of any ship to transport
liquor within the territorial waters
of the United States"
Answering the plea of the car
riers to permit the possession on
board ships OF liquors, which would
be kept under lock and key, dur
ing lin port periods. the defend
ants claimed that such permission
would make the enforcement of
against the importation
of liquors. already difficult" prac-
tically impossible.
The enforcement of the ruling of
the attorney general as to apply to
foreign ships is necessary to the
protection of American-owned ton
mage, the reply said, holding "on
information and belief" that the
sale of intoxicating liquors on the
high seas by vessels carrying the
American flag ceased with the is
suance of the attorney generals
ruling, while sale of liquor on other
vessels has continued.
The continuance of such an ar
rangemest will result. there reply
charged, in damage to the mer-
chant marine which will be great
and irreparable."