Evening star., 1923-05-13
BY BEN NIckELwAY.

involved in the Supreme
Courts recent decision on IL
auor on board foreign and domestic ships
within the three-mile limit is displayed
In the apparent attitude of the OFF,
cials charged with the duty Of enforc-
Ing the prohibition law as construed
in this decision. The big question in
their minds, which still awaits an an
swer. is not how to enforce it, but how
not to enforce it.
1t is all we'll and good to congratu-
late American ship owners on the
removal Of the discrimination in favor
of competing foreign-owned vessels.
But other and more serious. Ques-
tions arise when the international
complications involved are considered,
\ and their consideration just now is
tending to turn shade whittier the
already graying hairs of officials
whose oaths of office decree one thing
other. Were the truth known, 1t
may be that these officials are
Just a wee bit peeved at the precipi-
tate action shown by the ship owners
who rushed into court with ques-
tion, which, in all probability, would
have been automatically settled to the
satisfaction Of everybody except pos
sibly the most rabid prohibtionist.
At Work ON Regulations
While it is true that the President
was directing the preparation of reg
ulations to carry out the opinion of
the Attorney General that 1t was IL
legal for any vessel, foreign or do
mestic, to have on board liquor within
the three mile limit, it is by no means
certain that these regulations would
have gone as far as the Supreme
Court went in its latest Interpretation
Of the Volstead act and the eight
eenth amendment. But now the thing
has been settled, it remains for the
officials aforementioned to work out
q plan which may, in some plausible
manner, operate In the face Of the
Supreme Courts decision and avoid
the endless complicat tions bound to fol-
low if the literal Interpretation Of the
courts view is put into effect.
The suggested remedies to the Sit
uation vary. A floating booze base. an
chored just outside the three-mile limit,
TO provide temporary storage space for
liquorladen, inbound passenger ships is
one. Congressional action giving
express permission for foreign ves-
sells to carry their liquor under seal
within the three-mile limit Is another.
The first is obviously impractical. AS
for the second, Congress will not be
in session until December. Some
L. L - \
two departments. the Treasury and
Justice. are working diligently to
find out. while third department
the State Department. stands breath
lessly by awaiting developments.
Whatever is done probably will be in
the way of promulgating regulations.
the effect of which will be to allow
foreign vessels TO continue their
former practice; that is to carry their
liquor under seal within the three
mile limit without violating the let
ter Of the Supreme Courts decision.
Definition OF "ImpOrt."
This decision was concise in it's
definition of the term 'import.' eff
there be actual bringing in it is i'm
portation regardless Of the mode in
which 1t is effected" said the court,
Entry through a custom house Is
not of the essence Of the act" The
eighteenth amendment prohibits the
importation. transportation or expor-
tation of liquors for beverage pur-
poses. The captain of a foreign ves-
gel, therefore, is prohibited from i'm
porting, or bringing into the three
mile limit, liquor for beverage pur-
poses But there seems no reason
why a ships captain, upon arrival at
the three-mile limit, should not lock
up his liquor and declare to the en-
forcement officers who board his ship
that he is not importing liquor for,
beverage purposes. He may be i'm
porting liquor, but as the liquor is
locked up and under seal, it is obviously
not being imported for beverage pur-
poses. This might let the captain out
for the time. being. He would not be i'm
porting or transporting liquor for bever-
age purposes into or within United States
territory. When ready to leave, how
ever, he might be facing the prohibi-
tion against exporting loquor for bev-
erage purposes.
Here the ships captain might find
refuge in the fact that the Supreme
Court. while defining Transportation"
and importation" was not called upon
to define "exportation.''
Again, he might call to his sup
port decisions OF the Supreme Court
In the past which had to do with
movement in interstate commerce and
make them apply to the accepted
meaning Of the terms import" and
export" In every case where the
Supreme Court has been called upon
to decide the right of a state to tax
goods shipped through its territories,
it has decided against the state when
regarded as continuous. In maritime
law voyage ordinarily begins at the
home port and ends at the home port
or a designated port of final destination.
A British vessel, for instance, sailing
between Liverpool and New York. COM
pletes its voyage when it returns to
Liverpool. The ships captain migi.s
declare to-the enforcement officers
that his ship is pausing at New York,
In tho middle OF his continuous voyage.
He would contend that as the move
ment Of his liquor was continuous it
could not be both importation and ex-
portation.
A Possible Way Out.
{ The prohibition officer. yielding to
the arguments of the sorely put ships
captain. might say, You are right,