San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1924-03-04

States is concerned.
Several months ago our State De
partment negotiated the so-called rum
treaty with Great Britsin--an agreement
whereby, in consideration of Britain's
consent to the search and seizure OF
liquor smugglers beyond our three-mile
line by our government authorities-Brit-
ish ships would be privileged to bring
liquor into our ports, under seal, for use
during their outgoing trips.
That treaty, not yet ratified by the
| United States Senate. was contrary in
spirit, and even literally, to the Supreme
| Courts decision that within the mean
ing of the eighteenth amendment the
bringing of liquor into American ports
! or territorial waters, even under seal,
constitutes importation. and is therefore
unlawful. However, the treaty was ne
gotiated by the executive branch of Our
government; and, pending final action
/ by the Senate, there was gentlemen 5
agreement" or tacit understanding, that
the governments of the two nations con-
cerned would consider the pact as being
already in effect.
Accordingly British ships brought
liquor under seal into American ports,
and were not molested. One not in
possession of the facts might say that
such actions on the part of the British
did not bind the United States govern
ment. But reason dictates that the Brit
ish would not have changed their policy
unless they had received some assurance
that they were at liberty to do so; and
change it they did, as prior to the ne
gotiation of the proposed treaty, after
they had suffered heavy losses through
seizure of their liquor cargoes, they had
put their America-bound ships on dry"
basis.
1t is not necessary, however, to put
the matter to the test of abstract reason
The best test would be the activities
of American government authorities sub
sequently to the negotiation of the
treaty. Did Our government officials
undertake to exercise the prospective
rights conferred upon them by the treaty !?
Did they search and seize liquor-laden
ships-those suspected OF smuggling
beyond the three-mile zone?
They did. And in doing so they rati-
fled, for current practical purposes. Great
Britain's right, or privilege, of bringing
liquor into American ports under seal
for use during their outgoing trips.
All went we'll for several months. Then
suddenly. apparently without any sign
of warning, American government of
ficials swooped down upon big British
liner that was making ready to sail for
Europe, and seized its entire stock of
liquor that had been brought over for
the use of its passengers on the return
voyage. Shortly thereafter, an italian
ship was subjected to the same treat
ment. Still other seizures were made,
all apparently in violation of the gen
tlemen's agreement"
What was the "idea?" According to
a news dispatch reporting the seizures,
the raiding officers in New York re-
fused to discuss the matter, beyond say
ing that they were merely carrying out
the law" Were they acting upon or
ders from high government officials at
Washington nominally competent to
speak for and commit "the government"
Or were they acting upon their own au-
thority alone? If the latter, then is their
authority, as mere enforcement officers,
sufficient to enable them to say what
"the law is, in the practical sense?
These questions the layman may be
unable to answer But what would be
his reaction to the report that, even
while violating its own obligations un-
der the "gentlemen's agreement" the
United States government, either directly
or vicariously, was chasing and perhaps
| Selling alleged rum smugglers beyond
the three-mile zone? The dispatch re-
ferred to implies. though it does not
state outright, that there has been no
remuneration or disuse of the privilege
tacitly accorded the United States by
Great Britain; that American ruin chas-
ers did not discontinue their operations
beyond the three-mile zone prior to the
seizure of foreign liquor under seal in
the port of New York, and that such
operations are still in progress.
If appearances in the respects indi
Gated are not false then the United
States, as nation, has been put in ar
extremely discreditable position. Pos
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