Evening star., 1926-04-21
RUM TREATY
DRAST|CALLY CUT
BYCOURT'S RULING
Seizure Pact Does Not Ex-
tend Territorial Jurisdiction,
Federal Judge DEGREES.

BY the Associated Press.
NEW YORK, April 21.-The eff
fectiveneSS of the treaties with Great
Britain, Norway and other countries
permitting the United States TO seize
rum runners at any point within an
hours sailing distance of the shore,
was greatly limited today by a de-
ciSion in the United States Circuit
Court of Appeals setting forth that
the treaty does not make law extend
Ing the limits of territorial jurisdic-
ton Of the United States.
The appellate court. in an opinion
written by Judge Hough and con
CURED in by Judges Manton and
Rogers. dismissed seizure proceedings
brought by the Government against
the Sagatind, Norwegian vessel, and
the Diamantina, flying the British
flag.
Seized Months Ago.
The vessels were seized several
months ago by Coast Guard crews,
one of them 15la miles and the other
22 miles off the Long Island coast.
They were brought to New York and
the Federal attorneys office instituted
seizure proceedings under the treaties
with Norway and Great Britain.
Judge Hough today set forth that
the Government knew the vessels to
be more than miles off the coast
and that consequently the Govern
ment's position is and must be that
between Britain and Norway and the
United States, these have extended
the territorial application of each and
every law of the United States useful
to prevent liquor smuggling to a point
measured by the speed of any boat"
According to the records. the Saga
tind sold nothing and the Diamantina
was patronized by men aboard a sea
sled. which, the government held,
could easily have made the trip shore
ward within one hour.
The Appellate Court holds that the
treaties with Great Britain and Nor
way, which parallel those with some
other countries, are not 'self-eX
isting."
1--WE are not called on to consider
international effect of our statutes Or
the power of Congress to prescribe
what is commonly called the 12-mile
limit" the decision stated, nor are
we required to pass on congressional
authority specifically to extend our
customs, internal revenue and prohibi-
ton laws to a distance at sea meas
ured by the speed of a hypothetical
boat for nothing of the kind has been
attempted, but we do hold that no
such extension of territorial jurisdic-
ton is created by the treaties
British Grant Privilege.
LONDON, April 81 CF).-The United
States Government has been inform
ed that hereafter specified. American
liquor patrol vessels may visit Ba-
haman waters without formal notice,
provided a cali is first made at
Bimini to notify the Bahaman COM
missioner of their intention. An an
nouncement to this effect was made
in the House of Commons today by
Foreign Secretary Chamberlain.
This procedure was adopted, he said,
because of the difficulties in the way
Of giving notice through the usual
official channels of intended visits of
patrol vessels to Gun Cay and adjacent
islands.
Sir Austen said there was no agree
ment with the United States to ex-
tend the area for operations of Ameri-
can revenue officers to the Bahamas.
The action taken was purely an ad
ministrative measure, in continuance
of the policy embodied in the conven-
tion between the two countries re-
earding regulation of the liquor traffic.
His statement was made in answer
to a question regarding the reported
agreement and whether he would con-
slider obtaining some concession on re-
turn. such as better treatment for
British subjects landing at Ellis Island
or in other American ports.
Sir Austen said the government
action was not in the nature of con-
cession for which counter-concession
could be properly demanded.