The herald., 1893-01-26
SENATOR WHITES ARGUMENT,
He Appears in San Francisco
in the Itata Case.
Ex-Judge Hutton Opens the Case
for the Libellants.
Senator White Replies ON the Part of
the Steamers Owners and
Scores Several Good
Points.

The Itata case came up in the circuit
court OF appeals yesterday, says the
San Francisco Chronicle of Tuesday, be-
lore Judges Hawley, Hsnford and Gil
pert. The two latter jurists are from
the state of Washington, Judge Gilbert
being on the circuit bench and Judge
Hanford having district jurisdiction.
AS will be remembered the Itata was
hbeled before Judge Ross of the district
court OF Southern California in 1891. the
charge being violation OF section 52S3
OF the revised statutes. which reads as
follows:
Every person who, within the limits
of the United States, fits out and arms.
or procures to be fitted out and armed,
or knowingly is concerned in the fur.
nlehlng, fitting out and arming of any
vessel, with the intent that such vessel
shall be employed in the service of any
foreign prince or state. or of any colony,
olstrict or people, to cruise or commit
hostlllties against the subjects, citizens
or property of any foreign prince or
state, or OF any colony, district or peo-
pie with whom the United States are at
peace, or who issues or delivers COM
mission within the territory or jurisdic-
ton OF the Uuited States for any vessel, to
the intent that she shall be 80 employed,
snail be deemed guilty of a high misde-
meanor, and shall be fined not more
tnan $l0, 600 and imprisoned not me re
than three years. And every such ves-
sci. her tackle. apparel and furniture,
together with all materials, arms, am.
munltion and stores, which may have
been procured for the building or equip
ment thereof, shall be forfeited, one-half
to the use of the informer and the other
half to the use of the United States"
Judge Ross decided against the
United States government, holding that
the ltata was not fitted out and armed"
or furnished and fitted out to COM
mence hostilities )" that if the Itata was
fitted out and armed" or FURNISHED
and fitted OUT" such acts were not done
with intent that she should be "em-
pioyed in the service of any foreign
prince or state, or of any colony, district |
or people to commit hostilities :" and |
that the subsequent recognition by the |
United STATES of the pro yisional govern
ment as the lawful government Of Chile
was, In legal effect, recognition of all |
It's prior governmental acts as the acts
OF sovereign government. From this
decision the federal government
pealed.
the argument yesterday was opened
Dy ex-Judge Hutton, attorney for the
libeilante, who recited the history of the
proceedings held at Los Angeles and re-
capltulated the argument upon which
the governments action had been
Drought. He contended that the COM
mHrclal asnaets- nf the dnal in 18th
surgent party were concerned ended
when the war material was sold to the
Itata's consignees. The arms were pur-
chased to sid insurgents against q
friendly power; insurgents who were I
not engaged in commerce or trade, but
were making war on country with |
which the United States was at peace.
The Itata sailed to San Diego in cooper |
alton with the Chilean cruiser Esmer-
aida, and the acts of the one could not |
be separated from the acts of the other.
SIT is not less an offeDse against our
law" said the counsel, "to aid insur-
gents against a friendly power than to
aid one friendly power against an
other.'
United States Senator-elect Stephen
M. White, one OF the attorneys for the |
owners of the Itata, in reply recounted |
the familiar facts of the coming of the
Itata to San Diego; described Balma-
ceda'H government as usurping force
which the congress-, the judiciary and
The navy of Chile had repudiated and
overthrown, and argued that under the
section of the revised statutes upon
which the euit was based the United
States had absolutely no case. "The |
attempt here to enforce neutrality
law" said he, so as to procure an adju-
dication against friendly government
in favor of an ex government which has
been dismissed from the family of ma
tions can only fail of its purpose. The
Itata has gone from our jurisdiction,
Her arms are in Chilean hands. The
Judgment desired is against q nation,
the official existence of which we have
recognized and with which we are on a
basis of amity." Mr.. White made a
powerful plea against the theory that
the insurrectionists, to punish whom
the action was devised, were either
princes or states, colonies, districts or
people, the latter word meaning, in the
language OF the laws, nation and not
band of men.
In arguing his second line of defense
MIR. White cited abundant evidence to
show that the Itata was not fitted out
and armed" and not furnished and
fitted out" within the jurisdiction OF
this country, the act of taking on rifles
in cases and as merchandise not having
made her an armed vessel Of war within
the meaning of the statute. "As WE'LL"
said the counsel, ''call merchantmen
in whose hold you place a consignment
OF mueketB an armed chip"