Belington progressive. [volume] (Belington, W. Va.) 1912-1927, 1923-05-03
SUPREME COURT
ON PROHIBITION
MUST KEEP OUTSIDE
OF u. S. ZONE

WASHlNGION, April 3U.-ln-
6oxicating liquors, even under seal,
cannot lawfully be brought by A
merican or foreign ships within
Ahree miles of the shores Of the Unit
ed States, the supreme court held to-
day in decision which declared, how
ever, that outside the three miles
limit American vessels can legally
sell intoxicants to passengers. The
night Of foreign ships to do SO had
not been questioned. The opinion,
rendered in ten cases brought by
foreign and two by American, steam
ship companies, was delivered by JUS
'tice Van Devanter. Without express
ing his views, Justice Sutherland, in
"a dissenting opinion agreed with
the majority Of the court in refer
once to American ships, but declared
shat foreign vessels had the right to
bring liquor into American ports
under restrictions adequately guard
ing against leakage ashore.
The effect of the decision was to
affirm that Of Federal Judge Hand
in New York, insofar as it sustained
the opinion of Attorney General
Daugherty that intoxicants could not
legally be brought into American
ports and to reverse it with regard
TO the. right of American vessels to
have liquor aboard on the high seas
and in foreign ports.
The court today pointed out speci-
fically that Congress has the power,
if it sees fit, to exercise it, to forbid
all ships flying the American flag to
carry and serve liquors outside of
I she three-mile limit. This view of
the court resulted in predictions by
many dry" leaders after the gist of
the decision had become known, that
AN attempt would be made to obtain
legislation on this point at the earl
riest opportunity.
Sweeping in its scope, the decision
left administration officials some
what at sea as to how they would
proceed as matter Of permanent
policy. Chairman Lasker, of the
shipping board, announced that for
the present at least the ban on liq-.
uor would be kept on all shipping
board vessels. The treasury, it be-.
came known, intends to begin at once
to redraf its prohibition regulations
to make them jibe with today's decis-
ion.
eign ships are not part Of the terri
tory Of the country whose flag they
fly, but are subject to the laws of
the nation, whose ports they visit.
The prohibition amendment and the
enforcement act were directed, the
court declared, to wake unlawful the
transportation Of liquor. Such
national policy could be effectively
enforced within the territorial juris-
diction Of the country without res
pect to the laws Of other nations.
The majority also held that the
words Transportation" and simpor-
tation" as used in prohibition legis-
lation are to be taken in their ordin-
AIRY sense. Transportation. is held to
be carrying from one locality to an
other, it added, and it is not necess-
AIRY that the transfer Of possession
or title should be contemplated.
In that connection the court OBJ
served that one cannot carry liquor
in his own automobile for his own
use.
Importation consists, the court
said, Of bringing commodity into
a country from the outside, entrance
through customs house not being
necessary to constitute importation
in the true sense. The term "terri-
tory Of the United States" was given
the common definition as confined to
territory over which the United
States exercises jurisdiction as .
sovereign power and three miles at
sea from its shore lines.