Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-01-05
Arguments Ended
(Continued from PAGE -

eminent to 60 to the extreme which
Mr.. Beck described since the sale of
liquor was licensed in the Phillip
pines. and the government had not
indicated any intention to shut of
the supply which was reaching the
foreign embassies and legations.
Confiscation of foreign warships en-
tering American ports or Of vessels
forced in by the weather with in
toxicating liquor aboard, he added.
would logically follow the govern
ment's contention.
The former attorney general also
cited a recent treasury circular to
support his contention that the gov
eminent regarded sea stores as part
of the equipment Of ships. The cir
cular issued Dec. Z, 1922. stated that
sea stores and equipment were
identical terms" Members of the
court quickly sent for copies of the
circular. and Justice Van Devanter
borrowed Mr.. understands copy.
Solicitor General Beck, when
questioned by the court with refer
ence to Mr.. Underestimate conten-
tons regarding warships and ships
in distress and liquor flowing into
the country for the use of foreign
diplomtic representatives, asserted
that vessels forced to seek shelter in
American waters would not be
seized, nor would any attempt be
made to shut off. liquor supplies to
embassies and legations. Warships,
as the territory of the flag they
flew, he insisted, were not subject to
prohibition laws. The court revealed
deep interest in the various phases
of the controversy, frequently Ques-
tioning counsel.
Justice McReynolds asked Mr. Beck
whether he commended that If ship
from .ne foreign port to another
should come within the three-mile
limit with liquor aboard it would be
subject to seizure, and received an
unqualified reply in the affirmative.
Justice Holmes, with questions re-
garding embassy liquor, drew from the
solicitor general statement that the
diplomats were guaranteed free in
gress and egress. which included the
right to bring in liquor. Chief Justice
Taft wanted to know whether this was
"a right Of subsistence" but the So
licitor general expressed the opinion
"a right of oasis"
Justice Sutherland, in considering
the governments contention that
foreign ships could bring intoxi-
eating liquors into American ports
only as a part Of their medical sup
plies. and then only under a permit
obtained in advance, asked whether
the ship must wait outside the three
mile limit until such permit was
obtained. While it would be required
to do SO, under the letter of the law
Mr.. Beck asserted, such procedure
would not be insisted upon in the
practical administration" of pro-
hibition regulations.
In response to many inquire:
from the court as to exemption of the
Philippine islands from the operation
of the prohibition amendment, The
solicitor general explained that thi.
probably was because the Constitu.
ton had not been extended to the
archipelago. Justice Sutherland in
terjected that the 18th amendment
applied to all territory subject to the
jurisdiction of the United States.
Justice Holmes. in his eighty.
second year, confidentially leaned
over the bench and asked the soil
citor general in a subdued voice
whether the Philippines were becom-
ing q pleasure resort.