Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-11-14

OFFICE UNITED STATES ATTORNEY
DISTRICT OF COLUMBIA,
WASHINGTON, Nov. 10, 1873.


DISTRICT OF COLUMBIA,
WASHINGTON. Nov. ~, 1873.
Hon E. c. BunfeH, Solicitor Of the Treasury ;:
SIR: % the Sd of September last received
note from Mr.. Robinson, then acting Solicitor
transmitting Il copy OF the evidence and report
submitted to the Department 10 the matter OF
the investigation instituted by the Secretary OF
the Treasury touching the causes Of the burn
ing of the steamer Wawasct in August last, and
instructing me to institute the necessary suits
against any and all persons who have, III my
opinion, incurred penalty or forfeiture grow
ing out of the navigation or destruction OF the
said steamer, for the enforcement Of which tho
United States can be made party or is inter
ested. Mr.. Robinson further says that: 1T
is not the duty of this office (the Solicitor 81 TO
Instruct you (me) in regard to the institution OF
any crimiual proceedings in the premises The
institution CT such proceedings Is matter
which must be left TO your (my) OVID discretion
10 view OF the evidence submitted. And he
calls my attention particularly to sections If,
Is, 81 and IS of the act of Congress approved
February IS, 1871.
Section of said act provides for a forfeiture
Of five hundred dollars (S5OO) for each offence,
TO be paid by the owner or owners OF all steam
ers navgatcd without complying with the terms
of said act, and for the seizure OF the offending
vessel for the enforcement of the forfeiture.
Section If imposes a forfeiture OF one hun
dred dollars (S1U0( for each otfeuce for the en-
ployment on any steamer of any person as cap
lain, chief mate, eng lneer or pilot not holding
a license from the inspectors appointed under
said act, and also similar forfeiture upon the
person SO employed without holding such
license.
Section IS provides that the inspectors APP
pointed under said act shall state iu every Ger
tihcate of inspection granted to any steamer the
number of passengers of each class that she has
accommodation for aud can carry with pru-
dence and safety
Section 81 euacts that any captain, engineer
or pilot bywhose negligence, misconduct or in
attention, or any owner, Inspector or other pub
lie officer by whose fraud connivance, mlscon-
duct or violation of law the lite of any person
shall be destroyed, shall be deemed guilty OF
mausaughter, and prcscribes the punishment
therefor.
Sectiou 6S simply fixes the penalty for the
violation Of such provisions of said act as are
not otherwise provided for therein at $500 the
same as the first section.
have carefully examined the entire act OF
Congress, the evidence, aud the report trans
a., W
come to the following conclusion
|. That there is not sufficient evidence Of the
misconduct negligence or iDattention to duty
to warrant any jury to convict either the cap,
tain, engineer, pilot or other employee on said
steamer of the crime OF mausaughter under
said section fity-seyeu; nor is there sufficient
evidence of fraud, counlvance, misconduct or
violation of law on the part of any owner OF
# or n
lie officer in consequence Of which the life OF
any person was destroyed, to warrant such a
conviction. | shall not therefore institute any
criminal proceedings in the premises without
special instructions SO to do.
2. From the fact that the steamer Wawaset
was a vessel OF upwards Of three hundred and
twenty. eight tons burden, and that her certlh
cate of inspection for the year endlng March
26, 1871, permitted her 10 carry SIX hundred
passengers ordinarily. and that for the next sue
ceeding year permitted her to carry one hun
drcd and fifty passengers; that the certificate
for the year ending March s, 1873. allowed
her to carry one hundred and fifty passengers
this last mentioned llceuse being granted un-
der the same act Of Congress as the one under
which she was navigated at the time OF the
occurrence of the dsastcr-together With the
contradictory testimony of the witnesses as.
sumed on that polut-l am fully satisfied that
there must have been some mistake made in
filling out her license for the year ending
March "a, 1874, and that said last men
toned license should have permitted, and was
intended to permit, her to carry, instead of
fifty passengers In all, as expressed upon the
face Of the license sent to the custom house iu
Georgetown, at least one hundred and fifty, or
thirty more passengers than appear to have
been on board at the time she took fire. |
shall not, therefore, unless especially instructed
commence any suits against the master or own-
ers of the Wawaset to recover the forfeiture
provided for in the 4Sth section Of the act.
g. As it is clear, from the evidence in the
case, that the owners of the steamer the cap
tain, mate and engineer have all violated the
provisions Of section fourteen of said act of
Congress, | shall, in obedience to Instructions
given in Mr.. Robinsons letter, institute the
necessary suits against them to recover the
forfeiture provided for in said section for its
violation unless those Instructions shall be
countermanded by you at an early day.
Ir accordance with your request herewith
return the copies Of the evidence and report
GEO. P FISHER,
TTnited States ATTORNEY. ID o.