The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-31
NOT ALLOWED TOTOW.
British Tugs Cannot Work in
American Waters.
JUDGE HANFoRD'S OPINION.
strong Fight by q Chinaman A<ains.
Deportation - Neagle Divorce
Case - The Blotter.

Judge Han ford, Of the United States district
court. yesterday delivered decision in the case
OF the United states VS.. the Steam Tug Pilot
which passes upon an important point In mari.
time law. The courts opinion was as follow,.
This is case of seizure TO inforce a penalty
imposed by section 4,310, U. S. 4. S. The facts
are as follows: The pilot is British steam tug
engaged Ia tie business of towing upon tbe
strait OF Juan de Fuca and other waters of this
stale and British Columbia The bark Valley
Forge is an American enrolled vessel OF 0s6
tons burden engaged in coastwise trade, and be-
ing bound on voyage from san Francisco to
Port Angeles, entered the strait without assist.
snce, and was beating against headwind to-
ward her port and destination. The pilot found
her on the north side of the strait and within
three miles OF the shore OF Vancouver island
near Port San Juan, where she had sailed upon
her port tack, anu towed her across the strait To
Port Angeles, pursuant to q contract made
with her master at the time 20 tow the Valley
Forge, first to Port Angeles, thence to Depart.
ure Day, IN british Columbia, to load, and
thence 10 sea. The Valley Forge remained at
Port Angeles while her master went to the cus-
tOm-house at Port Townsend for the purpose OF
exchanging her certificates of enrol lment for a
register TO entitle her to clear for foreign port
and she was afterwards towed from Port An.
geles 10 Departure bay by British tug, under
me contract made with the master OF the Pilot,
section 4,3lO X. :. Is the same as the twenty
frst section OF the act OF July Is. 1866 entitled
sAns 10 prevent smuggling and for other pur-
poses" Oath L. s. Statutes, 1881. As amended
d. Sc VI inoi' iounu on page 4l0 or the same
volume, Il reads as follows: "-ection 1870 All
steam tugboats not OF the United states found
employed IN towing documented vessels Of the
United states ?. wing from one port or Mace in
the same to another, shall be liable to a penalty
Of - cents per ton on the measurement OF every
puch vessel so toWed by them respectively.
which sum may be recovered by way of libel or
suit. This section shall not apply to any case
where the towing in whole or in part is within
or upon foreign waters - Originally
the section contained no exceptions, the last
clause quoted was added by the amendatory
act
The exact question now presented for decision
is this: Does the mere TACT that a vessel In
making passage of the strait crosses the inter-
national boundary line, legaliZe a towage ser
vice which would be violation of section 1870
IL performed wholly on the American side?
This strait is an arm of the sea wholly within
the jurisdiction OF the United states ami Great
Britain, as part OF the territory OF the two coun-
tries. and Is not like the open ocean, free high
way for the ships OF al nations. By treaty stip-
ulations the boundary between the two coun-
tries IL upon line 70 lowing the middle of the
strait, and all that part of ii north of the middle
10 British water, and all south of the line ia
American water. But by the treaty the entire
strait IL free and open to both countries for
purposes OF navigation, SO that the vessels
the strait upon either side OF the line.
tits my opinion that while this treaty remains
no part OF this strait can be regarded as foreign
waters TO either American or British vessels
The Appollon, 9th Wheaton, 1861 And further,
that the term 'foreign waters" as used in sec
ton 4,370, means water under the exclusive do
minlon OF a foreign government for all pur-
poses. Ny conclusion IL that foreign tugs are
not privileged to tow American vessels bound
rom one American port to another on either
sac OF the strait. And that a penalty has been
incurred by the tug Pilot, as charged in the libel
n this case,