The San Francisco call., 1895-12-19
Collector Wise's Chief Clerk
Talks to Hon. Henry
S. Foote.
ExPoUNDs THE SEALING LAW
Federal Prosecutor Told That Cap.
tain Lutiens Should Have
Needed the Statute.

Collector of Customs Wise and special
Deputy Collector and Chief Clerk Jerome
are determined to establish case of vio-
lation of section of the Paris award act
of April 6, 1894, against Captain Charles
Lutjens' sealing schooner, the Kate and
Anna, which was formally seized on her
arrival last week Mr. Jerome explained
his view of the law to Federal Prosecutor
Foote yesterday.
1t is charged at the Custom-house, or
rather by the Treasury Department, that
the United States District Attorneys office
made 'sfizzles' of the cases against the
two seized schooners Bowhead and Win
chester. The "fzzles" complained of were
in allowing Captains Noyes and Johnson,
respectively, to maintain plea that they
had done their utmost to obtain the special
licenses required by the law so they could
hunt in the Paris award, but that none
were obtainable at the Custom-bouse-
that the sealing regulations for 1885 did
not arrive in time. The vessels left in De-
eember and the regulations and blank
licenses reached this City not before Janu-
ary 5.
The cases against these two particular
schooners are still pending, though the
personal charges against their captains
were dismissed, but no particular effort is
being made Just now by the Department
of Justice to prosecute the vessels to fin
ish. Meanwhile several thousand dollars
worth of costs have been piling up against
the two little ships, and Attorney Thomas
D. Riordan has sent formal protest in
be half of the owners, William Bendt, j.. f.
Cunningham, Isidore Burns and others,
to the Treasury Department at Washing
ton, complaining against the detention of
ba bu bp
Mr.. Riordan represents that great hard
ship is being suffered by the owners, mas
much as the time for starting out on the
next sealing cruise will be passed if some
thing Just and reasonable is not soon done,
With these two cases in mind and that
against the schooner Kate and Anna in
prospect Deputy Collector Farley has pre-
pared report on the facts as regards the
latter, and this has been embodied in
letter by Special Deputy Jerome, over his
own signature, to United States District
Attorney Foote. The letter was mailed
yesterday.
According to the letter Captain Lut-
iens' schooner caught $50 seals within the
area of the Paris award, viz: north of the
thirty-fifth parallel of north latitude and
east of the 1S0th meridian of west longi-
tude between January 3 and May 1, this
year. and the captain S log book entriesar
produced as evidence to substantiate this.
Tne special allegation against the vessel is
that she caught the seals without having
special license, or carrying distinctive
flag.
She cleared from this port on January
and on April 20 she arrived at Astoria, Or,
with her cargo of seals. She entered at
the Custom-house there and discharged
her cargo which the Collector allowed to
be landed. Afterward she went north on
an otter-huntlng cruise, finally arriving
L. L.
here the Treasury Department sent in
structions on November % and December
IL ordering her seizure. But this is so
much explanatory matter. The point of
the communication of Mr.. Jerome to Mr..
Foote is that the chief clerk of Mr.. Wise
presumes to advise the Governments legal
representative as to what the law is as to
its bearing on offenders. In his letter to
the District Attorney Mr.. Jerome writes:
The fact that the vessel cleared from this
port before the receipt of the regulations re-
ferred to, and for that reason might possibly
have been unable to procure a special sealing
license, is no excuse whatever for the violation
of law
The act giving effect to the award rendered
by the tribunal of arbitration at Paris, ETC.,
was approved April 6, 1894, and the amenda-
tory acts Hereunder were approved April "a,
1894, and June 3, 1894, respectively. These
laws were public notice to all vessels not to
engage in fur-sealing within the limits of said
award without first obtaining 8 special sealing
license.
If the special sealing license could not be
obtained, from the fact that none may have
been received at the time OF clearance, or for
any other cause, it was clearly the duty of the
master to refuse to goto sea until such time as
could obtain special license.
/ make this statement in order that you may
take steps to answer the plea, if made by the
master, that he was unable to procure a spe-
cial license. from the fact that none may have
he been received.
tl.1 k,.1 % {.
will take this letter remains to be seen.
Messrs. Foote, Knight and Schlessinger
were so much absorbed yesterday in the
arguments in the Howell counterfeiting
case that they did not have time to pay
the matter the attention it seems to merit.
Attorney Riordan is inclined to the
view that whatever might be the legal
technicalities of the case SO far as the Bow
head and Winchester were concerned, the
Government should take into considera-
ton the efforts made by their masters to
comply with the law, and its own tardiness
in providing the proper means for the
carrying out of the law. He argues that
the utter absence OF criminal intent on the
part of Captains Noyes and Johnson
should by no means be overlooked, and
that the commercial interests of this port
ought to be properly respected in the adj
ministration of law, seeing that times and
seasons will not wait on the slowness of
the subordinates of Secretary Carlisle's de-
partment
The action of the Collector at Astoria in
allowing the Kate and Annals cargo of
sealskins to be discharged there as late as
last May without his knowing the fact that
they were caught within. the award area
or that the law was violated, as alleged, in
two respects, is subject of much COM
ment around the Custom-house here By
his neglect and Captain Lutjens' coup. the
latter succeeded in putting ashore nearly
$4,000 worth of sealskins right under the
Collectors nose.