Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1850-11-14
United States District Court for tie District
OF Michigan.


October 21st, 1910.
The L. s., us. Schooner Helena--fhis
was a libel filed against the vessel IN this
case, under the 2d section OF the act of I'd OF
March, 1899, and which charges that the
master, owner or consignee had taken on
board. and transported from MuskegoR, in the
State of Michigan, to Chicago. in the Stale
of Illinois, large quantity of timber, cut on
the lands belonging TO the United States,
which timber had been transported = with
the knowledge of the owner, master or con-
siruee, that the same had been cut Oh the
L :. Lands"
The claimant of the vessel interposed an
answer to the iibe. III the nature Of plea to
the Jurisdiction, and which answer ayers that
the court had no ju isdiction under the act
aforesaid, because the second section of said
act was limited TO the transportation by ves-
sells, Of timber cut on lands reserved or pur-
chased for naval purposes, or live oak and -ed
cedar timbe-, which is reserved for purposes
of the navy, and that, as there was no pre-
tence that the timber carried was cut from
lands =. purchased OF reserved for naval pur-
poses,'' nor was live oak or red cedar, that
the case was not within the statute.
The case was argued by Geo. G Bates,
District Attorney. for Libellants, and Rob
ert D. Wilson, Esq, of Detroit, for ResPon-
dents.
On the opening of the court this morning,
his Honor Judge Wilkins delivered his opin-
ion, sustaining the libel, and oveFrued the
plea to the jurisdiction. His Honor decided
the following points:
1. That under the 9th section Of the Judi
ciary act Of 1880. page II, L. = statutes at
larGe. that the District Court has exclusive
jurisdiction of cases of this kind, IS they are
brought for seizures made pursuant TO SAID 9th
section, and to recover penalties and forfeit
ures that have acrued to the United States.
2. That the second section of the act of
March 81, 1882, q. 5. statutes al large, p.
4I2, embraces all and every kind of timber
specified in the first section, the enact ing clause
Of the statute, and that vessels engaged IN
carrying In lumber. cut on L. ). land, with a
know dge of the fact Oh the part Of the own
e, master, or consignee, are liable to seizure
and condemnation, pursuant to said I'd section
That the decision Of the Supreme Court IN 9,
Howard's Reports, in the case Of the United
States, rs. Briggs, had settled the question.
that al kinds Of timber cut on lands belonging
to the United States, were embraced In the
enacting clause of the act, and the word afore-
said in the second section embraced all the
various kinds of timber specified IN the drst
section.
As this is the first decision ever made upon
the statute, and a large number of seizures
have been made for violation Of the 2d sec,
and the prosecutions have been waiting de-
cision. it has been looked for with much anX-
ietv as well by the vessel owners a the gov
eminent The law is now settled, and II IS
very important that all should bear It in mind
/. That persons trespassIng on the public
lands are liable to indictment, and if found
guilty, a punishment by fine, equal to three
times the value of the timber cut, and also TO
Imprisonment for year for each offence.
,. That all vessels that are engaged in
carrying lumber. so cut on the lands Of the L.
s., with a knowledge of the fact On the part
of the owner, master, consignee are liable
to forfeiture for each offence, and the captain
of such vessel, to fine of one thousand dol
lars for each cargo.
As the officers Of the Government are in
structed hereafter to enforce the provisions OF
the act with the utmost rigor, we warn all
who are disposed to ennage In these trespas-
ses, of the consequences
Under this decision, DEGREES of condem-
nation were entered in the District Court. In
the following cases, VIZ
The United States VS.. Schooner Baltic
Owned at Milwaukee.
Tho United States vs.. Schooner Glenaika-
Owned at Chicago.
The United States vs.. Schooner Henry Clay
Owned at Chicago.
A number Of other cases stand continued
until the 9TH Of November.