Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1923-04-30

under bond for the use Of passen-
gers on outgoing voyages.
The decision is regarded by the
federal government as one of the
most important handed down in re-
gard to prohibition enforcement
made BY Justice Vandevcndcr. Jus
tices McRcynolds and Sutherland
dissented.
Officials Of American and foreign
steamship companies went into a
hasty conference in the office of the
Cunard lines today to devise a plan
of handling the maratime liquor
business under the supreme court
ruling.
when Attorney General Daughcrty
ruled that foreign ships entering Amcri-
can waters must be dry. and that Amer
, lean ships should not carry at any time
any where Intoxicating liquors for
beverage use. he started a controversy
which in intensity exceeded all others
arising in enforcement Of national pro-
hibition since the Eighteenth Amend
ment was sustained by the Supreme
Court.
Not only did the foreign steamshi p
companies enter a protest. bur the
Americrn lines als~ strenuously object
ed. The foreign companies saw in the
ruling an encroachment upon treaty
rights. violation of international law
and usage. a disregard Of the comfy
which they contended should prevail
amorg notions. and an abandonment by
the United States Of its time -honored
position that ships were mt all times n
part of the sovereignty Of the nation
under whose flag they were navigating
| the seven seas.
The American lines declared enforce
ment Of the order would result in the
disappearance of American shipping ir
the passenger travel of the world. and
that II would consequently offset and
render ineffective any effort this gov
ernmenf might make to build up a mer
chant marine.
| From time immemoria. IL had been the
universal custom Of the ships Of all ma
tions. it was asserted. to carry aboard
liquor refreshments as well as food for
the passengers on voyages. The intoxi
eating liquors and other supplies intend
ID 10 provision the ship were part of
the ship. IL was contended. as mucn Sc
a. its spars, anchors and other equip
ment
In the parlancc Of the navigators these
supplies intended for consumption by
passengers and crew are known as ''ses
stores" No nation, in the exercise of
its sovereignty, it was argued, had at
tempted 10 exercise jurisdiction oser
sea stores in their customs and other
regulations. none going further than to
exercise supervision through boarding
officers % assure tLat nothing contain
ed in the slcres should be brought a.
shore in violation of any law Of the
country by the vessel.
While the American companies ac-
knowledged that the government had
authority to prescribe the rules and
regulations which should be observed
while their ships were in American wa
ters, they vigorously contested any ju-
risdiction asserted BY the government
over them while upon the high seas TO
the extent Of regulating what they must
or must NOT serve their passengers as
food, or stimulant. Unless permitted 10
bring into American waters Intoxicating
liquors lawfully purchased abroad. the
American ships would be unable to ex-
ercisc the right they claimed. to meet
the demands Of their passengers for a.
coholic beverages on outward voyages.
This wculd impose upon them, they de-
clared. material disadvantage In meet
ing the competition Of foreign COM
panies should the latter be permitted to
x.r.4 t~x4,
icating liquors aboard under seal.
The most acute handicap which the
American lines saw in the new position
OF their government In prohibition en-
forcement was the ability of foreign
competitors to restock on outward voy-
ages even though forbidden to bring in
;oxicsting liquors into American waters.
Should American ships be prohibited
from having liquor aboard at all times.
and foreign ships be required to be dry
while in American waters il would be
I possible, the American companies claim
ed. for the foreign ships quickly TO OBJ
tain a new supply on their outward
trips by stopping M nearby foreign
port. or BY rcplcnishing from sister or
other shis mt sea.
Pointing out that Immediately follow
ing the adoption of the enforcement act
the Treasury department had promul-
gated regulations under which ships
were permitted 20 enter American waters
With Intoxicating liquors aboard. former
| Attorney General Wickersham, counsel
.or the foreign steamship companies.
contended 70 the Supreme court In ar
guing the cases. that upon the request
Of the Italian government. these rules
had been modified to the extent Of per
mitting liquor to be served the crew.
/ os foreign ships while the vessels were
| ir port II was not until "former brew
er" had complained 10 President Hard
| Ink the court was told, that the De-