New Britain herald., 1923-01-04
DRY SHIP RULING
UP FOR ARGUMENT
Supreme Court Hears Learned
Counsel Give Views

Il
brought by foreign steamship com,
panies and the two brought by Amer,
lean operators 70 contest the con,
struelion placed by Attorney Gen
Daugherty on the prohibition amend.
ment and enforcement act were up
for oral argument In the supreme
court today. Under the ruling. for
sign ships would be prohibited from
entering American waters with intoxi-
eating liquors In their sea stores and
American ships would be prohibited
from having such liquors aboard at
any place. The case came before the
court on appeal from decision by
Federal Judge Hand In New York up
holding the attorney general,
The argument win continue tomor-
row with a 9otable array OF counsel.
including former attorney Gen. Wick
ersham for the foreign steamship
companies: Reid L. Carr. George A.
Ellis and Frederick II. Stokes for the
United American lines; and John NJ.
Wolsey. cletus Heating. ]. Parker
Kirlin and Ira A. Campbell for the
international Mercantile Marine Co.
The government Is represented by
Solicitor General Beck. Assist. Attor-
ney Gen. Maybel Wilebrandt and
Special Assist. Wheat.
Govt. Has Defense
Expressing the belief that the use
OF liquor did more than any other
one thing to debauch and degrade our
manhood and womanhood" and that
whatever material hardship might be
the direct or indirect results OF pro-
hibition II should count as nothing
In view OF the evils to be removed
and the blessings to follow" the gov
eminent attorneys insist that II was
the purpose OF the prohibition amend
ment to make the United States abb
solutely dry. They also argue that |,
this has been recognized as the intent
of the amendment and enforcement
act by the supreme court, In recent 1
decisions under which foreign vessels
were prohibited from trans-shipping
liquor in American ports
and foreign liquor shipment in bond
across United States terri
tory.
Counsel on both sides admit that
can prohibit foreign steam
ships from bringing intoxicating liquor
into American ports but while coun-
sci for the government insist that the
court should interpret the present laws
applying to that effect. Mr.. Wicker
sham asserts that, had congress in
ended to bar liquor from the sea
stores of foreign vessels 1t would have +,
been explicit to that effect as 1t was in
smoking opium. l.
The construction urged by the gov q
rnment If enforced, he contends
would result in the search of all for
ign ships upon reaching American }
orts, warships and merchantmen s
like, and the confiscation of those t
essels upon which intoxicating liquor l
vas found. 1t would also he argued
blige the governments to stop the ,
upply of wines and liquors to the l
oreign embassies, legations and con-
llates in this country and foreign
hips forced by stress of weather to I
inter- American ports would be for ;,
cited If liquor was found aboard !,
Notwithstanding international law r
nd the usage of civilized nations. hi
Foreign Situation |;
The foreign steamship companies D
re not properly before the court the h
overnment insists, and have other G.
,lief open to them under the law If d
terpretation of the attorney general
not sound. Should the court de- :
rmine however to decide the cases 4
! their merits, the government con-
nds that the argument Of the for =
gn steamship companies that the
ltional prohibition act does not go
.yond the limits of the prohibition
nendment which only prohibits the
lie, importation and expectation and
It mere possession of liquor, should
considered in the light of the de-
AIRED policy of the country. A,
While the government attorneys
clare 1t would be "regrettable"
ould the enforcement of the prohi- Al,
ton laws Offend friends beyond the tie,
q" they express the opinion that pc
reign nations which have shipping ~
gulations requiring the carrying Of VIC
mes and liquors for the use o. do
ews and certain passengers would or or
cast them so as to conform to our on
VS.. fro
In the American steamship cases WI
= controversy centers largely upon III,
E proper construction to be given oil
> word territory" as used by con- out
sss in extending the prohibition act nr
territory" subject to the jurisdic- onl
n of the United States. The gox- int
lment contends that the nations , .1a
'rritory'' extends wherever the ME
tied States has Jurisdiction" and Lei
It, having jurisdiction" over Am !
can vessels on the high seas and rec
foreign ports. the prohibition law VIII
applies to them. fo'
Counsel for the American steam poi
p companies combat such a con- LEI
uction insisting that under decis- you
IS of the courts the territory" of tan
United States Is .'land over which g, -
ninion or sovereignty has been ac- Co.