811.114/1168
The Secretary of State to the British Ambassador (Geddes)
Excellency: I have the honor to refer to your note No. 893 of November 30, 1922, and to my reply of December 11, 1922,29 inviting attention to certain aspects of the policy of this Government with reference to prohibition so far as it affects British ships carrying cargoes of liquor, and to state that communications dealing with this matter have been received from the appropriate authorities of this Government. It is stated that cases brought in the United States District Court of New York for the purpose of obtaining a judicial construction of the Eighteenth Amendment and of the National Prohibition Act with reference to the rights of foreign vessels to carry liquor within the territorial waters of the United States have been decided by that court,30 and the contention of the United States that such transportation was illegal has been upheld. The steamship companies that brought the actions have appealed the cases to the Supreme Court of the United States and it has set the cases down for hearing argument by counsel on January 2, 1923. I shall not fail to inform you concerning the decision reached by the Supreme Court of the United States with respect to these cases.31
I may add that I am informed that the issuance of final regulations and any change in the present practice as it affects foreign vessels will be held in abeyance pending the decision of the United States Supreme Court.
Accept [etc.]