Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-05-01
THREE-MILE LIMIT
Continued from Page One)

ing opinion agreed with the ma
jority OF the court in reference to
American ships but declared that
bring liquors 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 Genera
Daugherty that intoxicants could
not legally be brought into Ameri-
can ports. and to reverse it with re-
gard to the right of American YES
sells to have liquor aboard on the
high seas and in foreign ports.
The court today pointed out speci-
fically that Congress has the power
to forbid all ships flying the Ameri-
can flag to serve liquor outside the
three mile limit. This view OF the
court resulted in predictions OF
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 earliest opportunity.
Sweeping in its scope, the decision
left administration officials some
what at sea as to how they would
proceed as a matter of permanent
policy. , Chairman Lasker OF the
Shipping Board announced that for
the present at least the ban on
liquor would be kept on all Shipping
Board vessels The Treasury. it be-
came known. intends to begin at
once to redraft it's prohibition regu-
lations to make them jibe with to-
days decision.
The question is expected to come
Up for discussion. at tomorrow's cab
met meeting.
In it's decision. the court asserted
the complete supremacy OF Ameri-
can laws within the three mile
limit and inferentially conceded that
other nations had as exclusive jur-
isdiction within their own territorial
limits. Under the decision. Ameri-
can vessels, should Congress pro-
hibit them from having aboard in
toxicating liquors on the high seas.
would be subject to the laws of the
nations whose ports they might
visit. and while within its jurisdic-
ton, should those laws require.
would have to place Intoxicating
liquors aboard.
The jurisdiction OF the nations ex-
tending under the courts construction.
only one marine league or three geo.
gSaphic miles to sea. American vessels
required to take aboard liquor by the
laws Of a country visited would be
under the necessity IL the laws OF
Congress required, it was stated. OF
throwing them overheard on crossing
the three-mile limit.
Although the question was not defi-
nitely presented in any of the cases.
the court completely interpreted the
much discussed question OF the terrific
rial jurisdiction of the United States.
1t distinctly confined such jurisdiction
to three miles off shore. holding that
the prohibition amendment and the en-
forcement act could. as stated. make
American ships dry at all times. The
court pointed out that Congress had
made one exception to the dry rule.
and that was the Panama Canal,
through which ships of all nations
with intoxicating liquors aboard could
sail.
The court announced that foreign
ships are not part OF the territory or
the country whose flag they fly, but are
subject to t: j.. laws Of the nation whose
mort they visit. The prohibition
and the enforcement act
we're directed, the court declared, to
make unlawful the transportation Of Ii
uuor. Such a national policy could be
enforced within the terrific
rial jurisdiction of the country without
respect to the laws of other nations.
The United States, having complete
over the vessels of all ma
lions within it's harbors and three
miles to sea, had determined. the court
said, to make them bone dry" 1t had
not qualified that policy in any way.
it was pointed out even to the extent
of permitting foreign ships to bring in
liquor for the use Of their crews as
required by the laws Of their respec-
tive countries.
MANY questions considered of i'm
portance by counsel for the steamship
were permitted by the court
to go unanswered.
Diplomatic negotiations may have
to be resorted to in a settlement OF
these and other questions. including
the supply of liquor for diplomatic
in the United States.
The bringing of intoxicating liquor
into American waters being COM
pletely prohibited, diplomats, it was
pointed out in some quarters. are
shut off from their supply.
The decision of the supreme court,
however, may not 60 down as a man
da tie to the lower court fer 30 days,
and that court must then make its
decree to correspond tt it.
In the meantime it IL expected the