Discretion

The decision of the Supreme Court that the nationality of a ship " partakes more of the characteristics of personal than of territorial sovereignty" altered the problem of enforcing the Volstead Act. As the decision pointed out, foreign ships, like foreign persons, when in United States territory (which extends to the three mile limit) are subject to the National Prohibition Law. Likewise United States vessels, like United States citizens, are not bound by our law when outside of United States territory.

So whereas until now the Prohibition enforcement officers have supposedly had the task of keeping United States vessels dry on the high seas, they have now, instead, to keep all vessels, American and foreign, dry within the three mile limit. The Treasury Department is drawing up regulations for enforcement according to the new interpretation of the law. Secretary Mellon has asked the State Department to inform foreign governments of the changed regulations to which all vessels arriving in the United States after June 10 will be subject. The date was set so far ahead in order that all foreign vessels might have time to comply.

The new regulations give rise to some delicate international questions. Government officials, anxious to avoid complications, may be expected to draft the new regulations " with discretion." Theoretically a ship carrying liquor, bound for example, from the Bermudas to Canada, would, if its course should chance to come within the three mile limit of the United States, be subject to seizure for illegal importation and transportation of liquor. It is understood, however, that no seizures of foreign vessels will be made; that at most the liquor will be confiscated and certain other penalties imposed. Besides, foreign ships will be allowed to bring into American ports " medicinal liquor."

The forces and the funds for prohibition enforcement are not sufficient for the search of every foreign vessel.

So only such vessels will be searched as prohibition officers have reason to believe are violating the law.