I'm Alone

When the Canadian schooner I'm Alone, freighted with 2,800 cases of liquor to be smuggled into the U. S., went down 200 miles off the Louisiana shore under U. S. Coast Guard gunfire last fortnight, inter- national law experts were ready to stand up and cheer with delight (TIME, April 1). Here was a case to argue endlessly. It bristled with fine points, with nice distinctions. Many an analogy was drawn between rum-running in 1929 and African slave-running in 1808.*

But the practical U. S. Government did not share in this delight of theorists. It sought only to justify the sinking legally, not morally. England, Canada and France anxiously watched its efforts.

The international aspects of the case were:

Beyond the U. S. coast line lie three bodies of water: 1) from the shore to the 3-mile limit indisputably under U. S. jurisdiction; 2) from the 3-mile to the 12-mile limit, claimed by the U. S. for "search and seizure" under the 1922 Tariff Act and roughly coextensive with the "one hour's sailing" distance granted under the U. S. ship liquor treaty with Great Britain; 3) the high seas beyond.

The U. S. claimed the I'm Alone was in Body-of-Water Two (10.8 miles off shore) when picked up and pursued by the cutter Walcott. Captain John Thomas Randall of the I'm Alone insisted he was in Body-of-Water Three (14 to 15 miles off shore) when spoken. The Treasury justified its pursuit as "hot and continuous" under the Tariff Act. Great Britain held that such pursuit could only begin within territorial waters (Body-of-Water One), and could not reasonably extend beyond Body-of- Water Two.

Meanwhile in Washington Canadian Minister Vincent Massey took over the case from Sir Esme Howard, British Ambassador, because of the registry of the schooner. Secret notes and explanations passed back and forth between the U. S. capital and Ottawa and London. Three U. S. departments puzzled over the problem, namely, State, Treasury and Justice.

The case brought forth three suggestions from busybodied members of Congress:

New York's Congressman Fish would have the U. S. purchase all British possessions around the Caribbean, on the theory that they are nothing but smugglers' nests.

Pennsylvania's Congressman Porter would have the U. S. raise the I'm Alone to see if she carried narcotics as well as liquor.

Montana's Senator Walsh would submit the whole controversy to the World Court.

*The U.S. Constitution permitted the importation of slaves until that year.