New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-26
The Meteor Case.
MOTION TO RELEASE THE VESSEL on BONDS OVER

UNITED STATES DISTRICT COURT-MARcH ~
Judge Belts delivered the following opinion:
On the ed day Of January 1906 the United stairs Attorney
FOR this district filed IN this court libel Of Information against
the named vessel charging that the said vessel had eee
spain in violation Of the Neutrality Act Of Congress Of 1919
On succeeding day the attorney Ned an amended r o.
inorm.tiOn the charging and detail ing the ms
deneanors imputed to the same ship specifically and minute
~ On the fling Of the original libel there was Issued ou OF
the Cerks Office this under the seal q the court,
addressed the marshal OF the district, monition aud war
rant attachment reurnabe In court on the 18th day q
February next thereafter which day the sid process
duly returned IN court, served ny the marshal
On ihe h day Of March ns counsel for the claimants Of
motion 70 the court for order 10 appoint sppss
IN the above TO apprAe ~" fhd pi and upon he
bond stipulation for thu amount Of such appraised
TO deliver possession of the vessel 20 the aid linan
On looking at the papers on file the summary motion now
pressrd hearing by the claimants appears under the eircum
Of the uecordngto the strict rule. OF practice
be premature in point Of order eScepve allegations hsv
tie COMPETENCY Of the claimants TO intervene in this mattel
But counsel for tn. clSiman urging the immediate
waving al objection such immediate hearing. the parties
proceeded discuss the questions raised on the application
the steamship and have her restored to the claimants ON
bal according to the usual course Of procedure In Courts Of
Admiralty and msrstim- jurisdiction IN seizure eas,L
The presented 70 the Court In msntensnce OF
the proposition. OF law insisted by the counsel FOR The
claimants recognized or by statutory Lew" aud
stand ng and sdudcsions Of the Court. Of the
United with great force and efficiency snd perceive
usage Of the nt~d Courts authorized and sanctioned
by statutory and by the standing rules Of the sew
era Functions 1anoo by the Judges separately out Of
Court 10 bail personal property seized under processes ~ rev"
issued out OF Courts Of civil and admiralty Jurisdiction and
deliver the ro into the possession oil the proper claimant on
security approved by the judicial authority having cognnc-
Of the subject matter.
The abu,es Inherent in the civil and admiralty OF
England originally OF like extent though In modern times
ns Of the court Of Common law e Browne Civil
aud Adm Law, 4J5 IL seems to me then, that the sole
whether the court il bound by positive final
practice and established by authority Of the judiciary
the ship to the claimants bs whether the delivery
bail is subject to the Judicial discretion Of the court
feel that the sound construction OF all the
atons this behalf prescbed by the Supreme Court Of tho
United States by the Circuit District Court within th.
branch Of practice have been carried into
that the power and trust to bail property held
action Ct Of contract where opposition made
thereto lies exclusively within the Judicial discretion Of the
Gail u.s. r.. Gsorrs H. MS Lane at fo~n.snd
Ware I'd edit 2ss) The act Of March 1877 U s. Statutes
expenses OF proceedings in admiralty .san. ships and
vessels cited by the counsel for the claimants impos
ing the c0o the imperative duty OF delivering up the
But the Court Of opinion tina. that statute h by its
rsy ia which the libesnt sseks to money de-
and and has application to like that now before the
bail in the pr.se, merely Of Judicial discretion
hould have great hesitation accedng to the application OF
in the libel Of Information The importanee Of du.
and proper enforcement Of the neutrality laws Of the United
u
BY the Court which would afford opportunity for
Of the osense charged against particular vesse at
least Ent the public authorities have been Afforded reason
able time TO subanGsto through judicial trial their assa
tions " ,ins such yesseL
But esde from correctness incoens. OF the vows
thus e ressed persuaded that tho direct legislation Of
Congress In the upon which the libel Of information In the
present founded Act Of Apri TO- 1915 u B. Stats ct
Large 40 the subject matter Of the present applca
tsD and conclusive upon the question that the vessel while
tue violation OF that statute cannot be dbged bail by
der Of ucse Of the United States under the authority Of the
COMMON rulsi and practices Of the court.
The third section Of the enscts that T any person shall
within the linn to OF the Unted States t out and arm at
Tempt 70 IN ou and to be lifted out and armed
srmin OF ship vessel with intent that ship
s be employed In the service of any foreign prince
State OF colony district people, TO cruise
hoses sgas the subjects. ciIsps property Of
WITH whom t,e Unhed States are II peace &C. kc every
uch shin or sssse With her tackle apparel and furniture
,e,ber with an mate arms ammunition and stores which
nav have been procured for the building and equipment
hereof shall be korfsited
he act provides that In every in which shall be
tilted out and armed, or attempted TO be fitted out
md armed" "contYary to the provisions and pro-
,itons of this act shall be lawful for the President of
he United States or such other person he shall have
covered for that purpos 10 employ such part OF the land
nd naval forces Of the United States Of the militia thereof
or the purpose Of taking possession OF and any such
Zip or vessel In order 10 tue execution ofthe prohibitions
nd penalties Of this act" - =, 49,
The celr purpor and intent OF these provisions Of the
gh section are thst the vessel whose forfeiture claimed
judicial proceedings for ohenss Against the third
lection shall herself be detained that the Forfeiture which
the pesy by tbs tad SECTION. may b inforcsd