Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-12-18

II . oamnon purszia q sonsboay va
d eaizfys No satisfactory answer -
aaittlER tba Dasr b furnished -
Shsss Qaesaiona b ~ evide1oss 1ez
an / aals - szrmiss huw ans
can be gwen. Tbs earpanssr. n whass
poassssion en- boaxd. ssna sf Ne s.
Ruunds we're foanas was ace1saa.
b-oazkf bsfoEs the uaitsa States Co.'S
mizsiansr e PoEf Iogusend, and he'd
% hafi. Did The master appear g pr
vaaa pZ0sseutorf Nos BE uent bail toz
he aseaseA Thsn the e&rpentsE
quiekiy disavpeare1. tie bail was for
fained, and wneEe the f1gifivs ncw i
robo1y seems 70 know. 1be m2seel
claims and tsstifas THAI he dld Do3 81
bal Ter ths oarps1taE until The ia11sI
nrst secazed him - . deposit q 81
an.ount. But this rests On the uEs1p
poFsed tsstimeay Of the master. II
some eases, even q s2uGRling. suck I
matter a. thas q q master gong bal
fer one Of his oreW. who Afterwards Sd
seosds. leaving him % pay he forfeit
IRE, might n0t much signify, bus h ~
liRht 81 all the circumstances of III
Csc. d has 10 ny niad most tellinl
impart.
ksspondanfs elaiun, that, on aha oeoa
son of the arrest and seGrsh Of ths
Idaho az Port Townsend, the usssteEsl
eoEd1ea was not that Of q guilty nan,
sut the contrary. Is is tr1e, that at ~
beginning be called his of3ceEs taRethsE
sad Instructed them 30 faeilitste 10
search. and thai afterwards whea cen.
paint was made that tie crew we're in
the Way be gave pereUptory and Ell 60
1al orders that eRded ths difficulty; bui
bis interest then Was b appear innoosnt,
and cannot see What les be could
With = fair fsss. havs dane 10 ths
premises. AZ far as exhihifinQ any
zsal IN discovering Opiam on Exina
guilt on anybody Is concerned. be car
tainly did nothing that appears
Lastly. as bearing apOa the question
of tie masters guilt, and distinci frozn
all thess other facts and circumstances,
above and apart from them al and YES
combining with them all. is the NEST
terrible fact, the fabrication Of the
story absut the Langtry shipment. Ny
miad is compelled 10 the conviction that
be knowingly transported the Opiam
With intent on his part 70 dsfFaud the
United States.
Az 20 the question Of q permit, il i
conceded that it vas unlawful to iaad
goods a. k3asan at night, or anywhere,
without one. But respondents pgodace
IN evidence paper, Whioh they claim
amounts 70 3 statutory permit, duly
authorizing the Idaho 70 unload the
barrels at Ksasan. If vas received BY
tbs master, 90 be tsstifes, from Naisr
Morris, while the Latter vas Oolisetor Of
tbs District Of Alaska. Il reads as
follows:
WASHINGTON. d. O.. April %. 1853.
To William G0nsrneur WOrris. care
Goodall. Perkins, q Co. Saa FraHefse SEQ:
Steamers Of GoodaiL Perkins 4 Co.
leaving Nsnaimo. B. @, can Soaeh at
any way ports in Alaska south Of Wran-
gel and discharge passengers and ear
goes before entry 20 WranRel II in.
spectoF be on board.
II. F. French, Acting Seoretary.n
This paper, however, does not seem %
touch the case before the court. In
terms, Il relates 10 upward bound
freight aRly. Il certainly does NOS
authorize the unloading OF freight a
Juneau IL cannot possibly be con-
stEasd 70 cover oontrabsnd goods, known
70 be such, nor 70 allOR the master te
land any merchandise with intens on
his part 10 dsfraud t6e United States.
Il contains no reference 10 nocturnal
landings, and manifestiy was not in
tended 10 anthOFiz auy such. A permit
to a0thorize uniadinQ by night should
show on its face that IL authorizes such
an nnladine.
There Is, also, evidence on the part Of
the resp adents TO prove that il has
been customary, during tue past tv,J or
three years, for the STEAMSHIPS Of the
transportation company to which the
Idaho belongs, 10 discharge freight al
way ports and places in Alaska, an In
speotor being aboard, and that this
usage has had the aequieseence and
sanction OF the customs authorities.
This evidence, il is commended, essab-
lisDes The fact Of such acQuiescenee and
sanction, aud IL bar 10 any claim BY
the Government thai the master has
been guilty OF q frau aHlsnt intent in
landing goods without a permit. But,
assuming the usage daily sanctioned e
fully proved, u could have no greater
efficacy than license OF permit reQu-
larry issued. Il could not be held to
Justify the landing Of eontrab md goods,
known to be such, nor the land
ing OF goods pursuant TO 9 design 10 d.
FRAUD the Governments.
] have nov said all, that 10 nv opinion
needs 10 be said, 10 order to decide the
issues before me. Probable cause for
prosecution nader each Of the counts has
certainly been shown by tue Govern
ment, and IN my opinion 50 much more
than probable cause as makes q sound
pyand Tacie case The claimants have
not succeeding 10 rebutting the ease Of
the Government, but on she contrary
have brought TO it reinforcement that
raises its probability TO q degree 90 high
as almost or quite 20 coin tide with cer-
tainty. Upon each Of the counts. the
decree must BE- foF the Government.
But ! cannot rise from the cOusidera-
ton OF case Of such maRnitade and
having such relation 10 the revenue SER
Woe, without In llRing in some peril
nent political reflections
l. This case illustrates the folly Of
trying TO raise revenue By a measure
THAI enorm0usly aronsss human Oupidity
IN opposition. With the tariff on epium
AZ $40 per pound. and prices staddine
"a Victoria at IS and over here at 80.
q - obvious that absolutely no
opium voluntarily pays duty, and
that what duty is paid must be over
haiaused BY the customs and iadiciaI
expenses OF collecting il. II tue tlaty
we're lowered 10 81 per pound, or an al
ralors1a duty Of only Is or 90 per cent.
imposed. there would be az once an end
OF this branch Of Smuggling, and the
amount OF opium 10 use 10 the country
would not be materially increased. "A
revenue measure thai Yields little and
costs much is unWiss, bat one thai e
selt-des'Fuctive IL mere folly.
2. The evident sad thorough de-
meFaliEation Of the entire personnel Of
this steamship, tainting. in my opinion,
the evidence even Of the Rovernmsnt's
Witnesses, Mitchell aud Hansen, shows
What 4 shameful aud Fuiuous price NAV
be paid for revenue. The knowlsdQs Of
ineessant violations Of what goes under
tbs name Of law tends 10 sap patriotism
aud undermine political subor dinatiou.
Bat What shall be said Of the pablis
speetaele Tor whole nation of q legal
measure % devised that IL shall Be- al
ways violated and yet never be suffered
to sink cot Of sight 10 sleep and to for
Qetfuinessl
3. l suppose the high tariH on oman
vas intended 10 yield a revenue ana Tet
Be .prohiba0ry Of the drug save for
medical ueea H1t uFanffealfv a go