The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-05-21
TIE FISHERY DISPUTE.
A Case Similar to that of the Adams-The
Cabinet Considers the Matter.

BosToN. May 20-A former fishery seizure
case, similar in every important respect to that
of the David j. Adams, and in many respects to
that OF the Ella NJ Doughty, was that of the
Gloucester schooner White Fawn, seized in 1870,
on the New Brunswick coast, for buying bait at
Head Harbor. The case was argued in the Vice.
admiralty Court of New Brunswick. in March Of
the following year, before Judge Hazen, who in
terpreted the convention of 1918 in a
wholly different spirit from the construction
placed upon it by the British crown officers there
now. He decided that the seizure was illegal.
and ordered the release of the vessel with every
thing that was on board when the seizure was
made. Judge Hazen cited the fact that the
White Fawn was not alleged to have fished with
in the three-mile limit, and for all that appeared,
it might have been the masters intention to fish
outside the limit only 1t not for the court to
impute an intention to break the law. The cap
tain had a right to pass with his vessel through
the three marine miles to the fishing grounds
outside.
There has been some excitement along the
water front at Boston over the report that fish
ing schooner had been arming in this harbor.
The story is as follows: The schooner Augusta
Herrick, Captain VIM. T.. Herrick, left New
York four days ago on fishing trip to the Bay
of Fundy. Hearing of the seizure Of the Port
land schooner by the Canadians, the owners OF
the vessel decided that something must
be done to protect their property. The
Herrick accordingly put into Boston harbor
and her captain went ashore He went to gun
store, and purchased two 36-inch yacht guns,
which were delivered on board. together with
large amount OF ammunition and small arms.
The schooner then headed down the bay, on her
voyage to the fishing waters along the Canadian
shore. The yacht guns will penetrate steel ar.
NOR half-inch thick at a distance of a mile
The captain, when asked by the dealer what he
proposed to do with the guns, replied: II am
going fishing in the Bay of Fundy. and don't
propose to have any cheap Canadian pirate seiz
ing my schooner"
A Halifax special says: "Consul- general Phe-
Ian, in his report in regard to the Ella M.
Doughty, will show that the presence of the YES
sci in St AIMS bay was due to ice, which pre-
vented her from putting to sea. and compelled
her to seek proper and immediate shelter"
Portland, Me-. dispatch says ''Col. Lewis
B. Smith, first Deputy collector, who is the ex-
ecutive head of the Portland custom house. says
that the object of the touch and trade permit
is to protect the United States revenue
and to show that the vessel taking it out does
not undertake other business than that in which
she processes to engage. It is for the con-
venience of the customs office too and the pro-
lection OF the vessel against harassments from
our officers, and is purely our own affair, in
which foreign governments have no concern.
democrats and hepuollcanS unite IN oenounclng
Secretary Bayard. There has been an added
excitement to-day. it having been reported that
President Cleveland had vetoed the Frye bill !"
A Washington dispatch says: Congressman
Boutelle called at the State Department this
morning with private telegram received by him
reporting the refusal by the customs authorities
at Digby to allow the American schooners Jennie
and Julia TO buy herring 'for any purpose what
ever. Mr.. Boutelle was told that the department
had not yet received any official information Of
The session of the Cabinet to-day. which
WIS somew what longer than usual. was mainly
devoted to the consideration of the Canadian
fishery troubles. Action was postponed, 1t is
understood, in order to await the receipt of more
definite and detailed information from Consul
general Phelan, at Halifax. in regard to the
seizure of the American vessels Adams and
Doughty"