Evening star., 1923-12-23
OLDLAW CUTS OFF
|RUM-ROW SUPPLIES
u. S. Craft LibeIed for Bring
ing Food and Water to
Liquor Ships.
BY FREDERICK WILLIAM VILE.

Prohibition enforcement authori-
ties are jubilant over an important
new precedent just established in
connection with rum-running ships
lowering off the American coast. In
voking an ancient United States
statute enacted in 1893, the federal
court at New York has decided that
American vessels trafficking with for
eign rum-runners are themselves
liable to seizure. The customs and
coast guard services on May I, 1923.
seized the steamship Alex Clark off
the port of New York on the charge
of delivering supplies to a British
ship anchored on rum row" The
Alex Clark was engaged in deliver
ing supplies, mainly food and water,
10 the ship which was loaded with
contraband spirits for sale in this
country. Judge Learned Hand of the
United States court for the southern
district of New York has now decreed
that the libelling of the Alex Clark
was legal and declared the vessel
forfeit to the United States and sub
ject to sale by the federal authorities.
Hard Blow Struck.
The Alex Clark case is the first
OF its kind instigated by the De-
partment of Justice. 1t is considered
by Mrs Mabel W. Willebrandt. assis-
tant attorney general in charge of
prohibition enforcement, to be of the
utmost value. because the coast guard
is now authorized to seize American
ships licensed and enrolled for coast
wise trade" which profit from de
livery of supplies to the rum-runninG s
fleet Notifica tion of Judge Hand 5
decision has been sent to United
States attorneys and marshals on
both coasts and in the Gulf of Mexico,
and other seizures are expected
The prohibition enforcement ofi-
cials believe that a serious blow will
be struck at rum-runnerS II they are
handicapped in the obtaining or neces-
stiles like fresh food and water. Some
of them hover outside of the three
mile limit for weeks or months at a
time. depending upon such craft ;
the Alex Clark to supply them. The
Department of Justice feels that II Is
now empowered to cut the lines Of
communication with the American
shore. upon which many rum-runners
are dependent for sustenance.
Under Old Statutes.
The count on which the Alex
Clark has been successfully libeled
was laid under section 43II of the
revised statutes of the United States
dating back 130 years ago. This sec
tion provides that IF any vessel en-
rolled or licensed shall proceed on
a foreign voyage without first giving
up her enrolment or license TO the
collector of the district comprehend-
ing the port from which she has TO
proceed on such voyage. she shall be
liable TO seizure and forfeiture, to-
gether with her tackle, apparel and
furniture and the merchandise so inn
ported"
Judge Hand declared that the Alex
Clark was clearly engaged upon
wise trade. He said: The trade of
a vessel whose destination is a point
on the high seas. where she delivers
her cargo, is other than coastWlse
becaue the detination is not a point
on the coast of the United States.
All places on the high seas are for
eign to the United States though not
within the dominion of any other
power.
1t is the destination which counts,
and it is only misleading to suggest
that the theory of the libel involves
as consequence that whenever a
roastwise vessel SteamS more than
eign voyage. She may keep S far
clear of the shore as she pleases so
long as she is passing from one port
of the United States to another. But
one may deliver goods anywhere and
if the point intended be outside the
territorial limits of the United states
1t Is a point foreign to the United
States and a voyage directed to 1t
is a foreign voyage"
The ALEX Clark is a screw steam
ship of eighty-one gross tons. Its
master. when seized, was John A.
Dyrsten 1t was itself not found
in possession of any contra band liq-
uor supplies.
During the war of 1872 with Great
Britain the United states courts We're
called upon to interpret the federal
statutes with regard to coastwise
ships engaged in traffic outside of
our territorial waters. There We're
instances of traffic with British ships
which obtained provisions and other
supplies by that method.
fCopyriyht 1923