Evening star., 1923-06-13
12.MiIe Limit Asked to Curb
Smugglers in Reciprocal
Treaty Being Sought.
WAY SEEN TO PERMIT
"SEALING" OF STORES
Administration Ready to End Con-
troversy in Return for Aid
Against Rum Fleet.

Informal negotiations initiated by
the State Department with various
maritime powers contemplate a So
luton on reciprocal basis of the
ship liquor controversy and of the
run-smuggling feet problem, through
exercise of the treaty-making power
OF the government.
American officials. it was revealed
today, see in this method an oppor-
tunity to eliminate inconveniences 10
foreign ships within the three mile
limit, due to prohibition enforcement
regulations, while. at the same time
the lowering fleet of rum smucglers
off the American coast may be hrok-
en- up through extension by treaty
agreement of the right of search for
this specific purpose up to the twelve
mile limit.
Could Make Treaty,
In conversations with diplomatic
representatives of the maritime ma
tions 1t has been suggested that
favorable action by the Senate on a
treaty designed to alleviate the sit
uation Of which these powers have
complained would be probable only
in the event of a reciprocal agree
ment that would aid the United
states in Its ngnt against liquor
smuggling.
The view taken by administration
treaty-making power the executive
branch of the government, with the
assent of the Senate. could sufficient
ly modify the rigid provisions of the
prohibition law to permit ships liquor
to be brought within the three-mile
limit as sealed stores. 1t is also re-
garded as practicable to provide by
II eaty for the movement OF liquor in
transit through American territory.
Terms Used Vague.
Emphasis has been laid in the
informal discussions upon the fact
that the suggested treaties must
provide 80 reciprocal matter for
extension TO twelve miles from shore
OF the right OF search for commodi-
ties that are oontraband under the
laws of either Of the signatory
powers.
The legal basis on which admin
istration officials depend lies In their
Interpretation OF that clause of the
prohibition amendment which pro-
hibits transportation of liquor with
in American territory for beverage
purposes. Any common-sense view
of the amendment. It is contended,
must hold that the clause for bev-
erage purposes. must also be read
| as meaning for beverage use within
American territory. to which alone
the amendment applies.
On that construction, it is pointed
| out, sealed stores ot ships liquor are
| not 10 be regarded rs under tranSpor-
tation within American territory for
| beverage purposes. Similarly liquor in
other, but passing through American
| territory. is not to be regarded as for
beverage use within American territory.
Under this interpretati tion 1t is con-
| sidered feasible to make such modii-
cation of ship liquor and intransit
| regulations as might meet the ieg!;.-
mate needs Of foreign nations.
Reciprocity Reasonable.
1t is also held, however. that Il
would not be reasonable for foreign
| countries to demand that scaled ship
| liquor stores be admitted under pro-
| lection of their f1ags within the three
mile limit. and at the same time to
| insist upon the absolute protection
their flags accord to lowering rum
SnuSSicIS Outslue the lHTee-TlI4C
limit.
1t is within the scope of the pro-
posed reciprocal arrangement, apply
! ing to specific articles of contraband
and to nothing else and involving no
departure from the accepted world
practice of maintaining territorial
Jurisdiction up to the three-mile limit
ships without any infringement Of
American sovereignty, officials here
contend, and at the same time to
advance materially the enforcement
initiating in any way against the
Legitimate commercial enterprises Of
foreign citizens.
British Opposea Extension.
| The suggestion. Of a twelve mile
limit. now revived, first came to the
front almost year ago-on June .6.
1922 Secretary Hughes communi-
Gated with the British government
relative to the lowering OF British
liquor smuggling craft Off American n
shores and proposed treaty author
izing the authorities OF each govern
ment to exercise a right of search OF
vessels OF the other power beyond the
three-mile limit of territorial waters
to the extent Of twelve miles from
shore"
The British government, replying on
October IS, pointed out that 1t had
| consistently opposed any extension of
the limit Of territorial waters in the
past, and said 1t did not feel 1t could
properly acquiesce. in order to meet
| a temporary emergency, in the aban-
| donment Of the principle, to which il
attaches great Importance"
| Court Gives Leewny.
It was pointed out today that the
| Supreme Court. in its decision of
April 80 in the ship liquor cases, left
| 1t to the administration to determine
| to what extent it would enforce the
eighteenth amendment, so far as for
| eign ships are concerned. The. court
| said that ''of course, the local SOW
! ereign (the United States) may. out
I Of consideration of public policy.
| choose to forego the exertion of It's
| Jurisdiction or to exert the same in
! only q limited way, but this Is a
matter resting solely in its disc1e.
ton"
This declaration by the court fol-
lowed, however. that part of the de-
cision I'm which 1t was stated that for
eign merchant ships within American
territorial limits were during their
| stay entitled to the protection of
American laws land correlatively
bound to yield ODE s!ence to them"
| The court added that 1t was settled
that the prohibition amendment had
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