Evening star., 1923-09-20
England Hesitates.

Failure of the British government
to return a sympathetic reply to the
proposals recently advanced by the
United States for a treaty arrange
ment designed to recognize the Ameri-
can prohibition law does not for the
present close the case. The London
government will lay the question be-
fore the imperial conference, which
assemblies next month. If then there
quiescence in the American proposal
the matter will be left in an inde-
terminate condition, likely to cause
continued friction.
Secretary Hughes, in his suggestion
to the British government proposed a
reciprocal treaty whereby the right
of search and seizure of British ships
will be extended to twelve miles off
shore, in return for which British
ships will be enabled TO transport
liquors to American territorial waters,
if not used in violation of the law
of the United States.
The American courts have from
time to time rendered decisions recog-
nizing the right of this government
to search and to seize liquor-smug
Cling ships within the twelve mile
limit The Supreme Court has also
held i'll a test case that the transporta,
ton of liquors through American ter
ritorial waters is illegal. Thus this
government is in a position to stand
upon it's own law and carry the right
of search TO twelve miles and to forbid
transport through territorial waters
of contraband goods. The State De-
partments proposal is to adjust this
matter by treaty to give each nation
its right.
1t would seem in the circumstances
that Great Britain has somewhat TO
gain and nothing particular to lose
by treaty along the lines proposed
by Secretary Hughes. The govern
ment at London can hardly with con-
| sistency denounce the right of the
| United States to protect its own law
| by the extension of the right of search
| and seizure to a practicable range
| from the coast line, even though that
| range may be wider than the so-called
territorial limits recognized generally
in international law. The parking"
of liquor ships three and q fraction
miles from the shore for the avowed,
undisguised purpose of smuggling
contraband goods into this country is
a fragrant defiance Of the Constitution
and the enforcement act. The use Of
British bases of supply and trans
shipment for this illegal traffic is a
scandal which cannot be justified by
the British government. If the situa-
ton were reversed and American ter
ritory were used for an illegal trade
with a British possession there would
undoubtedly be stiff and determined
protest against the practice.
If the courts of this country sustain
the right of this government to extend
the range of seizure to the twelve
mile point the United States has but
to proceed with that method of en-
forcing its own law and preventing
its violation. 1t does not need to ask
permission OF foreign government.
1t is, however, courteously proposing
to Great Britain an agreement which
will recognize its rights in the prem
ises and will at the same time yield
a reciprocal right of transit for liquors
that are not intended for consumption
within this country. If this proposal
is rejected there will be nothing to do
but to enforce the law as written and
as construed by American courts.