The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-09-04
THE COQUITLAM CASE.
Difficulty About Bonds Delays
the Ships Release.
FINE POINTS OF LAW INVOLVED.
Mr.. Hughes Returns From Alaska and
Tells About the Case-Law Points
for the Defense.

E. C. Hughes, of Hughes, Hastings 4
Stedman. the attorneys for the owners Of
the sealskins and supplies which were
seized with the seaIers' supply steamer
Coquitlam at Port Etches, returned from
ALASKA on the steamer Islander yesterday.
He went up on the Mexico in the interest
Of his clients, and after a delightful pas
sage stopped at Sitka on the return trip.
He said of the case:
found that the district attorney. C. S. john
son, had gone to Juneau, where the Pinta was
waiting to take him to Hoona Island on Official
business stayed over until the Islander ar
rived with the bonds for the release of the seal
skins and the remaining supplies which had not
been transferred to the sealing vessels The
district attorney then required that the bonds
for the vessel should be conditioned not only to
perform judgment on il, in case of forfeiture but
also to pay any penalties which might
bs adiudged against the master and mate In
proceedings subsequently instituted seeking to
recover penalties amounting to over 500, 600.
The bonds for the cargo arrived in proper form,
but those for the vessel did not comply in this
particular with the requirements Of the district
attorney, and the court therefore refused to
approve them. The owners of the vessel then,
through their attorney, objected TO the dis
charge Of the cargo without the vessel, and in
consequence of this objection the court declined
to take any action in the absence OF the district
attorney.
The bonds for the vessel will be executed
with the proper conditions, and application for
the discharge of both vessel and cargo will be
made on September 20. when the government
will proceed with the taking OF it's testimony at
Sitka before a commissioner. Then will ar
range to have the United States consul at Viz
toria appointed a commissioner to take the de-
PENDANTS testimony at that place.
This case involves some nice points of law.
The CoQuitlam was chartered by the sealers to
take supplies to their vessels in the North Pa
cific ocean, to bring back any sealskns they
may have and to warn them of the signing OF
the modus vivendi and that they must not go
into Bering sea. She made the transfer in the
North Pacific ocean and had only half COM
pieted it when she was seized The law under
which she was seized applies to vessels which
have cleared for any port in the United States
transferring cargo within four marine leagues
of the shore. Neither the sealing vessels nor
CoQuitlam were cleared for any United States
port, but for tho North Pacific ocean. Interna-
tional law only recognizes the jurisdiction of
any country within one marine league of Its
Shore and do not believe the laws of the
United States can be made to apply to foreign
vessels which have not cleared for United
States port without conflicting with this inter-
national law. The law under which the Co
Quitlam was seized was only intended to sup.
press smuggling, but as it gives oneha of the
property seized to the officers making the seiz-
ure and one-fourth to the collector OF customs,
it holds out strong Inducements to these off,
cisls to take advantage of every technicality.