Cunard Steamship Co. v. Mellon

262 U.S. 100, 43 S. Ct. 504, 67 L. Ed. 894, 1923 U.S. LEXIS 2621, 27 A.L.R. 1306
CourtSupreme Court of the United States
DecidedApril 30, 1923
Docket659-662, 666-670, 678, 693, 694
StatusPublished
Cited by273 cases

This text of 262 U.S. 100 (Cunard Steamship Co. v. Mellon) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cunard Steamship Co. v. Mellon, 262 U.S. 100, 43 S. Ct. 504, 67 L. Ed. 894, 1923 U.S. LEXIS 2621, 27 A.L.R. 1306 (1923).

Opinions

[119]*119MR. Justice Van Devanter

delivered the opinion of the Court.

These are suits by steamship companies operating passenger ships between United States ports and foreign ports to enjoin threatened application to them and their ships of certain provisions of the National Prohibition Act. The defendants are officers of the United States charged with the act’s enforcement. In the first ten cases the plaintiffs are foreign corporations and their ships are of foreign registry, while in the remaining two the plaintiffs are domestic corporations and their ships are of United States registry. All the ships have long carried and now carry, as part of their sea stores, intoxicating liquors intended to be sold or dispensed to their passengers and crews at meáis and otherwise for beverage purposes. Many of the passengers and crews are accustomed to using such beverages and insist that the ships carry and supply liquors for such purposes. By the laws of all the foreign ports at which the ships touch this is permitted and by the laws of some it is required. The liquors are purchased for the ships and taken on board in the foreign ports and are sold or dispensed in the course of all voyages, whether from or to those ports.

The administrative instructions dealing with the subject have varied since the National Prohibition Act went into effect. December 11, 1919, the following instructions were issued (T. D. 38218):

“All liquors which are prohibited importation, but which are properly listed as sea stores on vessels arriving in ports of the United States, should be placed under seal by the boarding officer and kept sealed during the entire time of the vessel’s stay in port, no part thereof to be removed from under seal for use by the crew at meals or for any other purpose.
“ Excessive or surplus liquor stores are no longer dutiable, being prohibited importation, but are subject to seizure and forfeiture.
[120]*120Liquors properly carried as sea stores may be returned to a foreign port on the vessel’s changing from the foreign to the coasting trade, or may be transferred under supervision of the customs officers from a vessel in foreign trade, delayed in port for any cause, to another vessel belonging to the same line or owner.”

January 27, 1920, the first paragraph of those instructions was changed (T. D. 38248) so as to read:

“All liquors which are prohibited importation, but which are properly listed as sea stores on American vessels arriving in ports of the United States, should be placed under seal by the boarding officer and kept sealed during the entire time of the vessel’s stay in port, no part thereof to be removed from under seal for use by the crew at meals or for any other purpose. All such liquors on foreign vessels should be sealed on arrival of the vessels in port, and such portions thereof released from seal as may be required from time to time for use by the officers and crew.”

October 6, 1922, the Attorney General, in answer to an inquiry by the Secretary of the Treasury, gave an opinion to the effect that the National Prohibition Act, construed in connection with the Eighteenth Amendment to the Constitution, makes it unlawful (a) for any ship, whether domestic or foreign, to bring into territorial waters of the United States, or to carry while within such waters, intoxicating liquors intended for beverage purposes/whether as sea stores or cargo, and (b) for any domestic ship even when without those waters to carry such liquors for such purposes either as cargo or sea stores. The President thereupon directed the preparation, promulgation and application of new instructions conforming to that construction of the act. Being advised of this and that under the new instructions the defendants would seize all liquors carried in contravention of the act as so construed and would proceed to sub[121]*121ject the plaintiffs and their ships to penalties provided in the act, the plaintiffs brought these suits.

The hearings in the District Court were on the bills or amended bills, motions to dismiss and answers, and there was a decree of dismissal on the merits in each suit. 284 Fed. 890; 285 Fed. 79. Direct appeals under Judicial Code, § 238, bring the cases here.

While the construction and application of the National Prohibition Act is the ultimate matter in controversy, the act. is so closely related to the Eighteenth Amendment, to enforce which it was enacted, that a right understanding of it involves an examination and interpretation of the Amendment. The first section of the latter declares, 40 Stat. 1050, 1941:

Section 1: After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.”

These words, if taken in. their ordinary sense, are very plain. The articles - proscribed are intoxicating liquors for beverage purposes. The acts prohibited in respect of them are manufacture, sale and transportation within a designated field, importation into the same, and exportation therefrom. And the designated field is the United States and all territory subject to its jurisdiction. There is no controversy here as to what constitutes intoxicating liquors for beverage purposes; but opposing contentions are made respecting what is comprehended in the terms “ transportation,” “ importation ” and “ territory.”

Some of the contentions ascribe a technical meaning to the words “ transportation ” and “ importation.” We think they are to be taken in their ordinary sense, for it better comports with the object to be attained. In that [122]*122sense transportation comprehends any real carrying about or from one place to another. It is not essential that the carrying be for hire, or by one for another; nor that it be incidental to a transfer of the possession or title. If one carries in his own conveyance for his own purposes it is transportation no less than when a public carrier at the instance of a consignor carries and delivers to a consignee for a stipulated charge. See United States v. Simpson, 252 U. S. 465. Importation, in a like sense, consists in bringing an article into a country from the outside. If there be an actual bringing in it is importation regardless of the mode in which it is effected. Entry through a custom house is not of the essence of the act.

Various meanings are sought to be attributed to the term territory ” in the phrase “ the United States and all territory subject to the jurisdiction thereof.” We are of opinion that it means the regional areas — of land and adjacent waters — over which the United States claims and exercises dominion and control as a sovereign power. The immediate context and the purport of the entire section show that the term is used in a physical and not a metaphorical sense, — that it refers to areas or districts having fixity of location and recognized boundaries. See United States v. Bevans, 3 Wheat, 336, 390.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Christian
Court of Appeals of North Carolina, 2023
M-I Drilling Fluids Uk Ltd. v. Dynamic Air Ltda.
890 F.3d 995 (Federal Circuit, 2018)
United States v. Sanford Ltd.
880 F. Supp. 2d 9 (District of Columbia, 2012)
Westerngeco L.L.C. v. Ion Geophysical Corp.
776 F. Supp. 2d 342 (S.D. Texas, 2011)
State v. Jack
125 P.3d 311 (Alaska Supreme Court, 2005)
State v. Jack
67 P.3d 673 (Court of Appeals of Alaska, 2003)
Stevens v. Premier Cruises, Inc.
215 F.3d 1237 (Eleventh Circuit, 2000)
United States v. One Big Six Wheel
987 F. Supp. 169 (E.D. New York, 1997)
Ago
Florida Attorney General Reports, 1995
United States v. Alvarez-Machain
504 U.S. 655 (Supreme Court, 1992)
United States v. Commodities Export Co.
733 F. Supp. 109 (Court of International Trade, 1990)
Bristol-Myers Co. v. Erbamont Inc.
723 F. Supp. 1038 (D. Delaware, 1989)
State Bank of India v. National Labor Relations Board
808 F.2d 526 (Seventh Circuit, 1986)
United States v. Streifel
507 F. Supp. 480 (S.D. New York, 1981)
United States v. Egan
501 F. Supp. 1252 (S.D. New York, 1980)
Bassis v. Universal Line, S.A.
322 F. Supp. 449 (E.D. New York, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
262 U.S. 100, 43 S. Ct. 504, 67 L. Ed. 894, 1923 U.S. LEXIS 2621, 27 A.L.R. 1306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunard-steamship-co-v-mellon-scotus-1923.