Evening star., 1923-06-29

still Is under consideration TO-DAY,
Great Britain cannot accept the pro-
posal of the United States to extend
to twelve miles the limit within which
vessels may be searched for liquor,
Lord CurZon informed the house or
lords yesterday. Reviewing the er-
feet of the American prohibition pol
icy on British shipping as well as the
legal aspects Of that policy from the
British standpoint, the foreign secre-
tary said consideration 'of the Amer
lean bargain" was still continuing un-
der Ronald Mcneil, undersecretary
of state for foreign affairs.
While Lord Curzon absolved the
American government from any in
fringement of international law In
seizing liquor and In breaking British
seals. the foreign secretary and LORD
Birkenhead and yiscount Gray as
well did not conceal an anxiety that
dangers might sarise through mutua!
friction if the question was aiio"ea
TO drift without real efforts OF potn
sides to solve 1t.
Difficult and Grave.
Lord Curzon. explained that 1t was
a very difficult and delicate matter
raising grave issues IN both interna-
tional law and policy. The Brltishh
government was not concerned Win
American prohibition which was d
matter of domestic policy, IN "hish
the British government was not IN
terested In expressing an opinion
neither would he discuss the inter-
probation of the United STATES gu
preme Court on that countrys laws
But IL was concerned with the treat
ment meted out to British ships IN
United States territorial Waters anu
the degree IN which that treatment
conformed to or departed from IN
ternational practice. -. -
say. indeed he did not know, Wnat
would be the result Of their laeors,
He would not discuss the legai
right of the United States to impose
conditions on foreign vessels enter
ing its waters, because on this sub
ject international law was oeclsive.
He next detailed the steps taken py
Great Britain, beginning with note
to the United States government from
ton after Attorney General Daugn.
erty's ruling that the Volstead act
applied to foreign ships.
Conflict of Authority.
I'VE pointed out" he continued
sthat for any state, even construc-
lively, to project the operation or its
strictly domestic municipal law on to
foreign vessels on the high seas
which was the practical effect OF
the American ruling-would be un-
precedented, and If adopted by other
states would subject all shipping
flowing from a conflict Of authority.
The United States government ac-
knowledged receipt of this, but dld
not enter into a discussion OF It's
arguments"
The secretary enumerated the Brit
Soh "a
States in chronological order, mem
tioning instructions to the ambas-
sador at Washington to place him.
self in communication with his Eu-
ropean colleagues. 1t was found I'M
possible to arrange concerted repre-
sentations, as some of the other ma
tions. notably France, had already
lodged a protest after which followed
the receipt of the United states reply
the first week in June.
Great Britain's legal position, ac-
cording to its legal authorities, Lord
Curzon said. is as follows:
There are two recognized princi-
pies of International law. which pre-
United States committed q violation
of international law in forbidding
foreign vessels TO bring liquor with
3n its waters. The first Is that for
eigners trading with country must
comply with it's laws; the second is
that every sovereign Independent
state is supreme over all persons and
property within its dominion, tnclud-
Ing ships IN its territorial waters.
Other Considerations.
That is the strict Interpretation of
the law. but there are other consider
ations of scarcely inferior validity
and Importance. The principles to
which I have referred cannot be
pushed TO extremes, but must be ap-
piled with moderation and good sense,
A ship Is q travelling unit passing
from one state to another. and there
fore. cannot escape the necessity or
complying with other legal systems
which may not be consisten. WIN
happens to be visiting. Furthermore,
1T Is universally recognized that
ship has q particularly close relation
ship to state whose flag she hies,
convenient that all governments
should recognize the law of the flag
state as paramount.
The net result Of this has been that
On many matters the practice has
grown up that a. state should not
exact compliance with its own law.
even though a ship Is within Its
waters, but leave such questions to
ne regulated by the law OF the nag
state.
practice. rather than international
law, and accordingly departure from
il means a breach, not Of interna-
tional law, but Of the comfy of ma
'tions. Thus II a nation acts unrea-
sonably toward the ships OF other
nations the latter may retaliate.'
Referring to the breaking Of the
british customs seals, Lord Curzon
Explained that the seals were not
sacrosanct outside Of British waters,
and in general. repeated the recent
statement made by the prime min
lister. Stanley Baldwin, which was to
the effect that there was no ground
'Sor a protest on this score. and that
Great Britain recognized Americas
pight to break the seals in territorial
waters
Not Meant a. Test Case.
The object of British shippers in
bringing liquor under seal into New
York." continued Lord Curzon. was
not to bring q test case. Their in
tention was, while fully guaranteeing
that liquor would not be landed. to
see whether the United states really
meant to proceed In violation OF in
ternational practice ana refrain from
Rvailing themselves of what is re-
garded as a loophole in the decision
Of the Supreme Court OF the United
Another consideration IL that the
real motive of the United States gov
nrnment in allowing the matter to
come to head at the present time
pressure on US to ch eek the trafno In
contraband liquor. notably from the
West Indies. This appears from the
Sact that the latest United States
government proposals to Great
Britain couple the two questions"
The secretary then went into de-
tails Of the proposals, beginning last
year, for checking liquor smuggling,
Involving extension Of the right Of
search within twelve miles Of shore.
and the British refusal to entertain
kuch pr0Dosala -,