Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-06-09
Too Small a Trouble Source
to Offend Other Powers,
Big Job for Prohi Forces
Lies Ashore
BY DAVID LAWRENCE
Ieased Wire Service to The Joufnal.)
(CnnVrioht 1929

(IpaSeQ wire service 10 LIE JOuIudI'l
Copyright, 1921
WASHINGTON, June 7.-Foreigr
governments have about come to the
conclusion that the government o.
the United States, even though pos
sessing the legal right to keep llquo'
off foreign ships touching America
ports, will not actually challenge til.
! good feeling of the powers and caus
serious embarrassment,
All the protests from the foreign
countries have been filed and have
been answered. The position of thu
American government from a legal
viewpoint is infleXible. The que:
ton now is whether it is good thin
for the United States to enforce hel
legal rights to the limit or take into
account the feelings of the powers.
! Under these conditions, the discrc
| tionary power of enforcement rests
not with the department of state but
with the treasury department in
which the enforcement machinery is
located
Within Power of L. s.
Foreign governments have not dis
puted the fact that within territorial
waters, the sovereign right of q ma
ton is unlimited, except for treaty
obligations and not one power has
raised the question in this contro-
Versy of any infringement of treaty
rights or interference with the free
dom of the port" the term generally
used in commercial treatiesA It is
recognized that if the United States
government wants to keep liquor off
foreign ships touching American
ports that is something the United
States can do but it is deliCately sug-
geSted that if every power were to
enforce to the limit and on it's own
territory there would be no interna-
tional comfy and only ill-feeling
would result.
The foreign powers have said, for
instance, that if the United States
| takes it's rights within the three
mile limit literally so might other pow
ers be constrained to do the same
thing and there is no telling where
the retaliatory process would end.
To all of this the department of
state has been compelled to make a
sir.gle answer, namely that the leg
islative discretion rests with con-
congress, which body already has
passed a law which in turn the SUI
preme court of the United States has
conclusvely interpreted.
Entirely Up to Congress
Any relief, therefore, must come
from congress. But no session of
congress is to be convened until
next autumn so the responsibility
rests with the chief executive who
delegates the discretionary power to
the treasury departm emit, " here
regulations have been prepared and
will be issued. But that's not saw
ing the regulations will be enforced
1t is a matter OF record that tie
prohibition enforcement machinery
Of the government has not meen ade-
quate to deal with all phases of pro-
hibition and it would not be incon-
sistent for the secretary of the
treasury to decide that there are
far more serious violations of the
law going on with respect to rum
smuggling and other infractions of
the NOlstead act on shore to keep the
prohibition unit busy without both.
ering for the present with the rela-
lively small amount Of liquor that
will be carried by foreign ships un-
der seal when they touch Ameri-
can ports.
A searching squad would have to
be formed and considerable money
used in enforcing this new element
in the law when, indeed, the exist
ing appropriations are needed vitality
to catch bootleggers on shore ano
to put a stop to the operations OF
the rum fleet which connect with
bootleg "ings on shore.
First Idea COllapSes
The first idea of circumventing
the supreme court decision by call
ing ships liquor medicinal store
fell by the boards because it was too