Evening star., 1926-04-22
The Rum Row Limit Lessened.

Under the Federal prohibition act
the Importation of liquors into the
United States is unlawful. That act
is violated by smugglers who bring
cargoes of contraband close to the
shores of the United States and trans
port them to small, swift boats which
effect landings. In the early period
of the prohibition law it was possible
for these smugglers to approach to a
distance of just over three miles from
the mainland, from which point they
could very easily send their Illicit car
goes ashore. In consequence of this
condition the United States entered
into treaty arrangements with foreign
governments whereby the three mile
limit" of territorial Jurisdiction was in
effect extended. These treaties pro-
vided that vessels flying foreign flags,
those of the signatory powers, when
taken within the distance of one
hours steaming by the fugitive craft
could be held for libel and forfeiture
of ship and cargo without protection
of international law. AS far as the
assent of the governments with which
the United States made these treaties
extended, this widened the marine ter
ritorial Jurisdiction OF the United
States from three to approximately
twelve miles. This increased the eff
cheney of the enforcement fleet, and in
consequence the smuggling of liquor
into this country by means of ships
flying foreign flags has been very
greatly lessened. Rum Row has al
most ceased to exist.
Now comes the Federal Circuit
Court of Appeals for the district which
includes New York with decision
which, if sustained and If not met by
legislation, will destroy the effective.
ness of the treaties and restore Rum
Row. to its former three-mile limit po-
sition. The court holds that while the
treaties establish the one hours steam
ing distance as the scope of possible
United States jurisdiction, they do not
in fact extend the territorial limits of
ures beyond the three-mile limit,
though within the treaty limit, are un-
warranted. The release of two ships
held under the treaty limit provisions
Is ordered. The court points out that
no statute has ever been passed by
Congress to make the provisions of
the treaty binding on the United
States, as by the ratification of the
treaties by the Senate they have been
made binding on the signatory powers.
According to this ruling by the
Court of Appeals, which Is renewable
by the Supreme Court, the territorial
limits within which seizures can be
made remain at three miles from the
shore. 1t will take an act Of Con-
gress, passed by majority vote Of each
house, to extend those limits to the
distance of one hours sailing. Ap-
parently this point has never been
considered by Congress. or, if consid
cred, has never been deemed worthy
Of action. Now a measure to meet the
situation has been prepared and sub
mitted, with urgent recommendation
for consideration at the present ses-
sion. It Is rather late in the day. but
il there Is q will in Congress this cor
receive, or rather tardy, enactment
can be effected before adjournment. II
it is not, although the decision of the
appellate court may be subsequently
overturned by the Supreme Court,
Rum Row may be re-established at the
three-mile limit, with a result Of in
creasing the inflow of contraband
liquor into this country. Here is an
opportunity to test the relative
strength of the wet and dry forces in
Congress without waiting for a refer
endum.
---------e@11%-4----