Evening star., 1923-11-27
RUM SHIP SEIZURE
DEFENDED BY j. S.
Officials Confident British In.
terests Not Invaded by Cap
ture of Tomako.

was
in official circles today that seizure
of the rum schooner Tomako would
not become a subject for controversy
with the British government despite
the unusual circumstances surround
ing her capture.
The State, Treasury and Justice de-
partments, which were equally inter-
ested in the seizure. all appeared to
view the case as already a closed in
cident so far as its international as
poets were concerned.
Treasury officials said the capture
probably belonged within the classi-
fication accorded the celebrated Mar
shall case, In which the British gov
ernment declined to interfere because
the owners of the Marshall failed to
establish the validity Of the British
registry.
Worked Weeks on Case.
A comprehensive report OF the
charges to be laid against the Tomako
and against individuals interested in
her operation. was submitted some
weeks ago by the Department of JUS
tice to the State Department, with the
request that it be brought to the atten-
ton of British diplomatic representa-
tives. AS a result, Department of JUS
tice officials were given the impression
that the British embassy would not op
pose the seizure Of the Tomako in the
vicinity of the American coast in view
of the substantial character Of the evil
dence against her.
Holding that the schooner was thus
placed in a special class, outside of the
protection accorded legitimate maritime
craft, officials of the three departments
were unanimous today in their opinion
that no international complication would
ensue.
Nevertheless, the seizure of the
Tomako on the high seas off the New
Jersey coast represents. In the op1n-
ion of someCoast Guard officials.
fore invoked of Treasury regulations
affecting the taking of alleged snug
glers flying foreign flags while be-
yond the three-mile limit.
Followed Regulations.
Treasury officials. however, empha-
sized today that the schooner, which
was flying the British flag. was taken
into custody Sunday under regula-
tions already in effect. and that the
policy of seizing rum ships outside
the three-miie limit would be con-
tinued whenever adequate evidence
was obtained that they were in con-
tact with the shore in such a way as
10 establish constructive presence in
American waters. No change in the
regulations 1t was said, has been au-
thoriZed.
The seizure was made at the request
of the Department of Justice, it was
announced, on the basis of evidence
it had gathered as to the alleged ac-
tivities of the Tomako.
Although details of the evidence
have not been made public here, it is
understood the information covered
all recent movements of the Tomako
and positively identified the vessel
with the illegal landing of liquor on
the American coast.
Seizure. Was Approved.
Coast Guard officials did not indicate
in what respect they regarded the
seizure as broader application Of
the regulations, but 1t Is known that
before issuing the order Rear Admiral
William L. Reynolds, commandant of
formal approval of the Treasury for
the step and also was furnished a
summary of the evidence against the
vessel.
"Rummy Bill Mccoy, rum Smug-
gler king; John Brophy, alias Dow
ney, his skipper. and the seven mem
bers Of the Tomako's crew were ar
raigned before a, federal commits
sioner in New York. charged with IL
legally transporting liquor into the
United States. They were released
In SIS, 900 bail each pending proceed
ings in which the authorities OF New
Jersey will seek their removal for
trial there on the charge.
Coolidge Not Worried.
So far as the American government
is concerned. President Coolidge main
tains that the United States never has
relinquished its right to seize ships,
within or without the three-mile lin
it. which have discharged cargoes in
violation of American laws.
The Chief Executive believes, also,
that there can be no relation between
the Tomako seizure and the rum
treaty negotiations now in progress
with Great Britain. In that connec-
tion, 1t Is pointed out that there has
been no change in the treaty rela-
tions between Washington and Lon
don, the work of drafting the new
treaty has not been concluded.