Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-05-03
APPEAL To WORLD
COURT |SPRED|CTED
ON DRY SHIP ED|CT
Far-reaching Complications
Seen if u, S, Attempts 10
Enforce Law as Interpret
ed by Supreme Tribunal
J. BY DAVID LAWRENCE y
Neased Wire Service 20 The JournaI.)
Copyright, 1921

tLeased Wire Service 20 The Journal)
Copyright, 1929
WASHINGTON, May 1.-The
liquor problem as it affects foreign
vessels entering American ports
may be carried to the world court
OF international justice
Foreign governments will not ac.
cept the decision of the supreme
court OF the United States that mu-
nicipal law applies to possession of
liquors aboard their ships, but will
contest this point through diplo-
matte channels, and if they cannot
get a satisfactory decision the only
recourse would be to q higher trib-
unal such as the world court. And
America doesn't have to be a mem
Der of the court to agree to submit
the controversy for adjudication.
The supreme courts ruling will
mean complications with respect to
Americas relations with foreign gov
ernments and their vessels. To search
every ship that comes into American
ports is such an expensive and diff
tlcult task that the word of the cap
tain Of vessel will have to be ac.
cepted, and he will be tempted to
look the other way while the liquors
are hidden by his crew. 1t seems
to be agreed among shipping men
that the law will be dead letter so
far as enforcement applies to for
eign vessels in American ports.
Advised to Ignore Ruling
Competent authorities on interna-
tional law, however, say that for
eign governments will be well with.
In their rights in deliberately ignor-
ing the supreme court decision as
we'll as any attempts on the part OF
American officials to enforce the pro-
hibition laws within the three-mile
limit The foreign governments adj
NIT that they can be prevented from
serving liquor or using it in any
form while their ships are tied up to
an American doclr-all this comes
within the category of conduct or
behavior in a foreign port-but can
the municipal law Of any country be
held to apply to al ticies in the pos
session of a foreign crew or pas
sengers which are kept on board
vessel under seal? That's the real
question.
The original theory of the three
mile limit and the general accept
ance Of the municipal law of each
country as governing the crews of
vessels in port was based on the
idea of protecting country against
invasion and protecting individuals
on shore from acts of violence or
other crimes committed by visiting
crews. The entire matter of munich.
pal law related to a rule, of conduct.
It never has been made to apply to
possession Of property that is not
IohSA AlOll a NSSSt VI uSSu WullS
inside the three-mile limit.
For instance, ship from France
or any other country can touch at
New York with cargo of goods and
courts ruling might mean that the
as long as none of it is unloaded no
import duties are paid because it is
understood the shipment is intend
ed for some other destination, pos
sibly the West Indies or South
American government might feel EN-
America. To accept the supreme
powered some day to levy tax on
the. property contents of vessels or
perhaps to forbid the use of its
ports to ships carrying goods to
other countries. in time of peace.
Can't Control Foreign Ships
The laws of contraband during
war make it possible to suspend all
these rules but international lawyers
said today that they could not recall
a single instance in which municipal
or domestic law in time of peace ap-
piled to property rights. They also
pointed out that the United States
government had never passed laws
applying to individuals except as to
behavior. Thus an alien can come
within the three-mile limit and even
go ashore without examination by
the immigration authorities to see
whether he meets American require
ments. Indeed, many members Of
crews have come to American shores
and stayed in America without de-
lection simply because the. Ameri-
can government has hesitated to APP
ply it's immigration laws to foreign
crews.
There are laws relating to opium
traffic and drugs. No searches have
as rule been made on board foreign
vessels touching American shores
though crews have been searched at
the dock to prevent smuggling. Any
activity of q member of the crew
which looks toward violation of do
nestle law can clearly be stopped as
IL FeIdleS 10 COHuucl' puC the issue IS
whether laws regarding possession
would be accepted by foreign govern
ments without a contest.
The supreme court can hand down
decisions applying to American citi-
zens, congress can pass laws pre-
venting ships that apply for Amer
lean registry from being granted the
same unless they agree not tn sell
liquors on the high seas, indeed COZ.
gress can and probably Will aDpro-
pirate money for shipping board yes
sells next December with the condi-
ton attached that no money shall
be expended on any ship that sells
liquor-all this can be accomplished
because the jurisdiction of congress-
ana the American supreme court is
un0ue ctionpf