The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-20
CONTRABAND OPIUM.
Judge Hanford's Opinion in the
Walla Walla Cases.
THE STEAMER IS RELEASED.
Common Carriers Not Liable for I'M
porting Packages OF Unknown Con-
tenfs-Text OF Opinion.


or snuggled opium, which were seized in
1859, 10 be sold By the custom officers, but
he released the steamer Walla Walla, which
was charged with having brought the con-
traband drug into this country. The
opium found on board the steamer was
never claimed, but Al Mai, presumably 8
fictitious person, claimed the 80 cans
found IN the railroad depot az Tacoma, and
had the court decided the second seizure
70 be not eontraband, some Chinaman, IN
behalf of the real smugglers, would doubt
less have called TO claim the 5000 worth
of opium.
The WaIla WalIa, her engine. boiler,
tackle and furniture. valued at 500, 900.
was held on the charge OF smuggling, and
penalties 70 the amount OF $1,000 were 10
he imposed upon the, vessel had the gov
eminent charges been suostantIated, and
had Captain u. O. blackburn, master OF
the Walla Walla. been shown to have
knowingly smuggled the opium into the
United States in violation OF law.
THE wALLA wALLA CASE.
IN the case of the United States Of
America against steamship Walla Walla,
Pacihc Coast Steamship Company, claim
snt. The following IS the syllabus by the
court:
L vessel employed as a common carrier having
been seized to enforce lien for a penalty
under section 31SS. Revised Statutes, there be-
ingagainst the owner Held, that in the absence
Of rebuttlng evidence proof that packages
supposed 70 contain the confTaband goods,
were received, transported ana delivered as
freight in due course Of business, aud that the
master hsa no knowledge with reference
thereto, makes a sufficient case for the plant
III, and the vessel must be released
The text of Judge Hanford's opinion is
given:
In this csse the s.say,sNfr Wssta yra1ta on,
gagged as common carrier OF freight and pasSeD-
gers on the route between san Francifeo snd the
Puget sound ports. via Niet0Tla. ia British Co
lumbia, wEs seized on the 18th day al March,
1.e, 70 inIofce lien under section Loss Revised
statutes, fer penalty alleged 70 have been in
curred BY her master by violations OF sections
..saS. 2 sJ7, ESQ and g. l2g Revised statutes
The circumstances which led 10 the seizure
sre s. follows.
A short time prior to the arrest OF the vessel
the custoEn-house officers discovered and seized
~ Tacoma two barrels obtaining go pounds Of
opium prepared lor smoking, and about the
same tine discovered and seized AZ EIIensbarr
three other barrels containing $50 pounds
Of prepared OF opium. The barrels seized at
Teeoraa, were first discovered in 8 car en- route
from EIiensbargA BY rail via Portland 20 san
: Francisco. Those seized at Ellensburgh we're
found IN Tire TaIiIoad warehouse. There was
nothing on the outside OF either Of the barrels 10
Indicate that they contained opium. but they
seemed 10 be puFpusely disguised as TO their con-
tents II was also discovered. and has been
proven upon this trisl, that IN the month Of
charged at Tacoma tiye barrels, two on one trip
ard three on 3 different trip, which barrels were
Similar IN all respects as to marks and general
appearance u the barrels seized Mani
Tests or wayblilS OF railrcSd freight
were also delivered st Tacoma at the
tine OF unlosding, showing the barrels
Of similar appearance and MARKS were brought
in the vessel from san Francisco. one of The
shipments being destined 20 EIlensburg con-
sisAta - :. lat, aso tie otner destined 10 the
same place consigned to J. Dark In the memo
Tanda OF railroad freight so delivered at Tseosns
two OF the barrels are referred TO as containing
.sai1er krout, the other three as containing
~skid grease. aud il is also proven that neither
at fhe nve barrels were entered in the ships
manifest delivered al the custom house st Port
Townsend as required by Law, upon entering
From these circumstances yerv strong iTfe--
ence arises that the barrels containing this
opium are the identical barrels which were nm
laden from the Walla wslla al Tacoma aud
must have been transported in the vessel either
from san Francisco or from some other place AT
which she touched before arrival al Tacoma;
and failure 10 enter such freight in the shia'S
manifest as required by law. Is circnnas lance
q justify suspicion of completely on the part of
the master in the unlawful importation OF this
opium, and consider and VIII certify that
there was probable cause for the accusation
against the master In this case sufficient to
justify the seizure of the ship, and u throw the
burden OF proof upon the claimant as provided
IN section goo K. <
On the part OF the claimant il is shown bv the
testimony Of the purser and freight clerk, and
By The ships freight book and shipping receipts
that barrels CORES poRGing in appearance and
marks 20 those delivered al Tacoma uera ~
secTed as freight Ia due course Of business AZ
ssN Francisco, being delivered ON the dock for
shipment by regular transfer company, and 70
celpsed tor in the usual way. and without auv
.lFeunsstanes to justly suspicion or the part Of
TIE saips ofhcers fhat the barrels contained
oontraoand merchandise; and II j. also shown
that the master had particular knowledge 10
,g esaI o,,es g 'hs r cargo Or TIE ba1Fsis
tesined that be had no knowledge
whstever ia regard 70 these barrels or in r.eeaTi
- any iieigbi tEahsPoFted nTon either of the
TINS IN question ard pot Appearing III the ships
manifest This testimony Is reasonable sud
PROBABLY true; a least y is uneontrsaicted BY
~ testimony o. SPY witness o. By any ciregls-
snst n hen The opium was put into the bar
res, whether before they were skipped from san
tredueed into the vessel and packed futo TIE
tzE-cls * Nsciofla. or whether the contents of
ne tsrTels were changed after their arrival 81
tAefsbuFg. cznnot BE- determined ~ The test
r1nv Dpon tALs TT5gl: and. il either case
70 rGDR4ty has been incurred For which fhe ship
ltelnS common carrier can be held liable
or N srv Wsy responsible, unless tAnre WIS
erTarise1ty tn The smuggling OF TIRE opium on
The i4fi q be- master CT owner. ~ e. : stat
utss, - The Sazstocs led Rep. s2a
IS 81 TIRE 1wuer, TIE lshei 81 information docs
sso1 ehRr-e s1eh coagFl eity, snd there = nata-
tng lD either tae Flea6inEs Vr proofs Il raise an
: Issue % justify 3uealry.
gse 4g;esszssa as s .l,iltv knoulears Of The
master Is the one = ehiaf Importance. upon tee
HaASsE 60 watch The decision % the
e.
rreyanceraBoc e tae evidence thst ca
fa33 Elarsb1sra di8 uat Il auv ri1ne Asze a-Iv
Know ledge whatever IS 20 TIE tarrals nan
f}ane5 o- tse5r yoztauts
Is} there BE Bindings sccorlt~r}v. sr2 4 DE-
cree ln SaFor a tle c-al-l1at
THE All MAI CASE
Judge H4Cfor.3 : opinion in the ether
opium case is A. follows,
The Uu3tssl states q America against seven
Hundred ar1 f1zty Tens. containing $50 tlssrl,4
q E7eE4rva eEsura --Ao Mai, elalnlsut.
This Is case % sslrHre uuaer section zRss
Revised Statutes Ehe mercha1l - alleged ~
fse ceatrassE3 hslas the 7-V pounds of rvfgssre5
opium reieTTe1 IN IN ssy CpIaioE Ga Ihe r.et--5-
fuE esse. tAe nite3 etstes ef America " Seem
s1lF NSlls 81 ali2s TIE Circumstances connected
Ntth tie discovery AID seizure q 2hsefs are
s-ais3 ia thst opinion.
Attes tals sa.t wsS commenced snd notice Of
tec sttE-re E-uclishe1, tas Cla.uleat sr.r.esral
Fled kls claim s. assEsz - TIE r,raussr-v sl78
answered the Information. DENYING ttaf -hc
1n@rea-al-1sse WAS Vt taresSu grew IL a-,z grsrs-
s--.s- ana S. ~ y vas nniawtui'y imported
3259 gre Le.iIga ssal-s- E0G these lssGcS s.
tglh- has hce1 hsi~ ts,e testimony il thfS es<s b.
fnE GsS same - hist sake1 in t34a case rsg-Ys.5
Z sSG sei tae steamship N&lla Wal3a, aud no
see. Tie claimant has uot, O. tl,s kr1vr1as;sg
81 thc eosft, ApFezreg in person before tie
solTs * any UEac- Ec has not tss.lStsf IS q,
80 asets ram SIS kloE-sessce - - wten 0r
h0E ke acquired tie ossaersair al the ,7rsF.,-'
~ aGEAt tz14t AFEcaTS Pc nsES have hrsaEet the
1881 % ssf1E<sar e ;aas urCYa-sv sgey - .2f<
eoter9 an.s ss5Sars ~ TIE tai.e3 >gsrgS ofFcarS
p ~ ~ re fs3r4S sss5iz3ls. however, that Il re :
fe h9aa ADJ owner s1t 81 1fa nssr,.l1sf,si!>e q
lt 4a tacf coatsHtan1. thas ~ cel.ts ea~fiy hsve
seewa ~ competent rrslt - acre ara ay 5rhsrl
j Hs ts-ei. Nsya q ass Imported lesa
Vortes, sud whea Sr1 troa whon ana
II WaSt IlHnaeF De ar2u3ee3 ownership
- -. $3.50 . feNs$ clifT