Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-17
LEGATION LIQUOR
| TEST CASE IS SEEN
Capital Receivers From Shock
of Siamese Shipment
Seizure.
BY the Associated Press.

By the Associated Press.
Diplomatic Washington recovered yes
terday from its first shock over the
seizure by the police of so cases Of diplo-
matte liquors consigned to the Siamese
legation and speculated on the prospect
of test being made of the case to de-
termine once and for all the rights of
diplomats to any liquor they may desire
to import, and establish legal way for
the movement of the liquor.
The first inclination of the diplomatic
corps had been to regard humorously
the seizure of the liquor, its subsequent
delivery to the legation by the police
and the arrest of the private driver and
his helper. After night Of sleeping on
the subject, however, the realization
came that the case might be of vast
benefit to the corps.
Reinforced by more help and an
other truck, the police yesterday pulled
the truck in which the liquor was de-
livered Friday to the legation out of
the soft mud of the legation grounds.
The truck had stuck there after the
dry officers and police had placed the
burden of / ,440 bottles of choice wines
and spirits in the legations wine cellar.
Evidence Is Refused.
Although the driver and his helper
are being held under $500 bond and
the truck was confiscated, none of the
liquor was taken by the officers for
evidence. An attache of the Siamese
legation told the Associated Press yes
terday that none of the shipment
would be turned over to the police for
evidence under any circumstances"
The legation now Is awaiting the re-
turn OF Edward H. LOTUS, charge daft
flares Of the mission, who was in New
York at the time of the seizure. The
legation telephoned the State Depart
protest has been made.
Centuries-old rules of diplomatic
courtesy and usage make all goods con-
signed to foreign mission immune
from search. seizure and from being de-
tanned. Opinions of American courts
given as early as 1e49 established this
principle, as being upheld both by the
Flaw OF nations and act of Congress"
Since the police were unable to search
the consignment to determine whether
1t actually was liquor and since the le-
CATION will not turn any of the liquor
over for evidence, the question has been
raised of how a conviction might be
obtained and the whole matter threshed
out in court.
Since the freedom of the foreign mis-
sions to have whatever liquor they de-
sire is given by diplomatic usage. there
is no inclination in diplomatic circles
to believe that the American Govern
ment will set a precedent by placing
obstacles in the way of the missions
receiving what they desire.
Diplomats Cite Cases.
Some diplomats in discussing the case
remarked that In several countries GER
tain foods, which are eaten by Ameri-
cans almost as matter of daily routine,
are considered Injuries and their i'm
portation Is forbidden. American diplo-
mats are permitted foods they desire
under immunity extended to foreign
diplomats.
In many countries abroad, It was
pointed out, American and other dipio-
mats are able by diplomatic immunity
TO indulge their tastes as they see AT,
while citizens and even officials of the
governments are prevented by law from
importing such articles.
In the absence of Secretary Kellogg,
who is in New York on private business,
the State Department refrained from
making announcement. The Sugges-
ton was advanced, however, that the
Secretary of State might ask the At
torney General for an opinion on the
case.
In the meantime the case against
the two truckmen, Gilbert l.. Wilt, and
his colored helper, Roy Miller, both of
Baltimore, yesterday was continued for
two weeks by United States Attorney
Rover, just before they were to be ar
raigned on charges OF transporting
liquor Mr. Rover also recommended
to the prohibition authorities that the
truck be returned to its owners. hold
ing they had acted in good faith In
accepting the shipment.