Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-04-16

VIII the Government conhscate the
Leviathan, after selling her to private
owners, who Immediately announce a
policy alleged to be in contravention Of
the spirit, II not the letter. Of the Vol
stead law and the eighteenth amend
ment to the Constitution? The Su-
preme Court has had something to say
on that.
win the Government sanction the
sinking Of a bootlegging vessel Of Cana
dian registration, under bombardment Of
one of our liquor patrols, and let the
mighty Queen of the Ocean, under our
own nag, carry liquor? Both ships
were, or will be, beyond the three-mile
limit-beyond the twelve-mile treaty
limit, and eventually beyond the one
hour from-shore limit.
y X +
Consider the great and good Uncle
Samuel, who is mot like other men, "
nor even as this publican, I'm Alone" "
Behold the Senate. which makes treaties
alleged to be in direct defiance of the
eighteenth amendment, trading her
birthright, to which she has no legal
exclusive right, for a mess Of pottage
which is hard to digest!
Now treaties are the supreme law Of
the land-but not superior to the Con-
stitution. In some States-Oklahona
end Louisiana, for example-the Legis-
latures inpeach governors for less than
this, but what authority will dare i'm
peach the Senate on charges OF. viola
ton of the Constitution. and other high
crimes and misdemeanors? Isn't 1t q
pretty tangle we are getting into! The
Constitution Is not creature OF the
Senate. OF course. the treaties were
made by the executive. but they were
with the advice and consent OF the
Senate.
There has been a great mystery sur
rounding the hesitating attitude OF
Great Britain and Canada, In connec-
ton with the sinking at high seas OF
the bootlegger. I'm Alone. Our inter-
national experts say the diplomatic
representations Of Canada have been
strong, yet neither Canada nor Great
Britain has even intimated o possibility
Of annulling the treaty under whose
cover the I'm Alone was sunk In not
pursuit" outside the twelve-mile limit
from our shore. as stipulated In our
treaty with Great Britain OF 1924. why?
The treaty stipulates that either party
thereto may cancel 1t at will. upon
thirty days notice. but when that Is
Cancelled. away goes the right OF Great
Britain's ships to bring LIQUOR into New
York port under seal, and transport 1t
out Of port to the twelye-nile limit. be-
fore breaking the seal. Also. away goes
the right Of Canada to violate the
eighteenth amendment by transporting
liquor across Alaska, under Q special
treaty. Treaty series No. 7l6, article
VII). which reads:
"No penalty or forfeiture under the
laws of the United States shall be ap-
plicable or attached to alcoholic liquors
or to vessels, vehicles or persons by rea-
son of the carriage Of such liquors when
they are In transit under guard by Ca.
madam authorities, through the terri
torial waters Of the United States tc
Skagway, Alaska, and thence by the
shortest route, via the White Pass &
Yukon Railway. upward OF 20 miles tc
Canadian territory, and such transit
shah be as now provided by law with
resgpsct to the. transit Of alcoholic liquors
through the Panama Canal or on the
liquors shall be kept under seal con-
tinuously while the vessel or vehicle
on which they are carried remains
within the United States, its territories
or possessions, and that no part Of
such liquors shall at any time or place
be unladen within the United States
its territories or possessions"
Shall Canadian guards under arms
invade United States territory under
any pretense?
Reference Is made in the abovi
Canadian treaty to our provision thai
liquor may be transported under sea-
through the Panama Canal or over the
Panama Railroad. It Is commended
however, that our jurisdiction over tbs
Panama district Is not absolute, but
Is modified somewhat by the interns.
tional character of the canal. Such 9
claim does not apply to Alaska. which
Is as completely ours as Is Massachu-
sets or the District of Columbia.
BY what authority does Congress
evade the provisions Of the eighteenth
amendment as to New York Harbor OF
any other harbor, CT rs to Alaska? Doe:
the Constitution grant discretionary
powers to trade one concession for an
clare the lawyers, is not dependent on
statutory phraseology; itself n en-
forceable in O court of equity.
The amendment applies to the Philip
pine Islands, but the Volstead law does
not. For in the organic act creating
the American Government of the
Philippine Islands, 1t was stipulated
that no act Of Congress should apply
to The islands unless It was so expressed
In the act--and the Volstead law fails
to include the islands expressly. But
the law cannot rise higher than the
Constitution, and the Constitution does
include "all' territory over which this
Government has jurisdiction CONT