The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-08

u~AH
chresoneter.
.~.e-s os the American Schooner
= 9~sp have sost their case before
srns.sa States dlstfact court an iii Ds
. - 10 forfeit tie vessei for Viola ing
..~,snx laws. Tie Case Il ALREADY
- 80 80 AZ il Is the ars. tine az Amer
- .gs4oner hss bean foffeiteS for iia@-
go nv an American court Uzlt-
- 60. attorney Brlnksr drew up bis
N.'.s-.rsar. b conformity with lie act OF
- saetson Of which reads;
- sxeeot IN fhe case % a master
ss-x. false statement under oath IN
1910 Of the provisions 81 the fourth
80 q this act. every person guilty of
~ssssfIor OF the provisions o. thz act.
= !, The rsguiations made tasre1nssF.
80 for ezca ofTsase be fined not less than
~ a. Imprisoned not less than six
rgs,as or beth; and al vessels. tastr
-. sgparel, furniture and cargo. a.
- IN, psess or employed n violation 81
-. set or Of the regulation made there
sst.r snail be forfeited 10 the Uniied
fasss"
= Il. information the United States a.
.s--sv s8ex~N thai the cause % the fer
s.s.a-, vas that the Swan was OF August
~. found employed ls killing aad c7s-
-.rng FAR seals IN Bsriag sea within the
szs,s es gore Of sixty geographical miles
s,r-spnfing the Pribyfes stands. IN Viola
- n the frs, section % the act CO isS4.
rae owners % the TeHsei appeared In the
SO a. claimants and a.ed 81 answer de-
sy-r nat M schooner vas a, any time
yss,ss,nx the las r. this they were sub
.srsssssA BIZ the members " the crew,
80 spp-areA as witnesses. and claimed
| Hsy ara not intend 70 violate the law. In
| ssmuch a. the law does not spec. fesIly
| 1eafs a forfeiture % wages these men
dslnsd that they were entitled 20 receive
.Asw aawes 01t OF ths proceeds cf the
| az 81 the vessel. but in this Judge Han
| srA dlsarress. claiming the forfeiture %
= sssoiate.
c Benslnghausen. the feweieF. was &iss
n Sntervenor. a. ne was the owner 81 a
sasonometer. valued al sIsa. which ne had
rsatsE 70 the owners % the schooner on
nsg departure from THE port Judge Han
frs however. decides that the chrorame-
ar nnst 20 with the seizure The ffty-
ere skins that we're IN salt when the
fesssl wss sslzed were released.
rs decision In full Is as follows:
by the uncontraaicsed testimony In this
ss@ n appears that the schooner James
swan was SEIZED b. the master % the
rrhef States revenue cutter Perry, IN
fEing sci. on August :. lsas a. the time
| u ne seizure there was found on bnsrf
q Der iffy~thres fur sesisktns n salt
sseh had heen secured on August 2 In
r. wsserS OF Boring SEA outside - the
rssisisei zone. So the time % the seizure
| - e. noes and boats used in pursuing
ssas were all away from the vessel. and
sae called IN. brought 70 tho vessel the
se4ies Of forty fur seals. which had been
saz-r darinz ihat day.
whether or pot forfeiture has been
Blurred depends upon a disputed aues-
ran ~ fact as TO the position Of fhe w.
~ a. thc time ~ the sssxure. that - 70
~ shsshsr SIC was thsn Inside Or out.
81 Fthe government IL II sheNrp that accord
81 ~ 20 the Observations and reckoning q
se officer charged with the rrsponsihlll-
ef NAVIGATING ths revenue cuttsr Perry,
- position Of the vessel Al the flrsa -
- seizure was A deEre - 81 minutes n NTH
aifude and In dexrves s9i4 minutes vest
hngtiuas. which would be approximately
fsr miles within the circle Of sixty miles
srorn The Prthyios islands And e Is also
t1ossn that according 90 the reckealng
so observations Of Capt. F l., Nangs,
Nhp was employed az navigator On board
fessei was AZ O'Clock a. IN. on Auxust
which wes shout two hours and
haif hefer~ che sslHure. n latitude s. de-
fcsea "a minutes ena longitude IL degrees
y minutes which would he outside ne cir
Csa ard that whatever Saatanaa was fFlv-
eTsesi on thRt aay after O'clock. vas IN
which would take Der away from the pro-
hhlted zone. excepf as sh@ might have
rAde ~ the Opposite direction b. drift
TX WITH the current. AccordsnE 70 his
e~n testimony. Cart. H1aEs determined
- position on che morning ef August 8
h part ~ an ebservst ton then taken and
= f8rt hy deaa reckoning. ard d. rot
"a IN MS testimony nor n ne vessefs
and distances sailed. by which his reck-
eaias may be verified. On The other hanf.
| TART Drown. naviga ting officer 81 the
Perry. shows that his reckoning was vert
Isl and corrected Nv three aiye~nnt as
sryatiens made during shs asy Tire cor
rSerahng evidence Is of 20 imports rg@
Ut eniy tends - preye thst the positions
2 ne vessels were dsfrrrn red ~ Their
Nrectsve nsvigH ting officers. as shsvA
estd as an obliged 20 decide in favor
aae or the other ~ thu two positions
sn ] must necessarily conclude that
tss aavtgatlrS officer nf the revenue cut
r has given the true position faf tha
hssna that the testimony shows great
80 en- 10 part. and precision n asc~r~
- worg anf keerkmg an accurate rneorf
@cFe9f while Capt. Baarg appears 20
sss beer 60 noFne extent n~~f freTtf
ln ~ argument on behalf % the ercw
sars forfeiture 81 wages. therefsre
Nsse men src entitled 20 share ia ths pre-
sss;s % the ssle - fhe vessel aud eafea
= e extent % The amount due them FOR
Il
- n positive terms declare z forfeit
e G4e fhgnf upan whteh these men
~ - have a len foT their wage and
tF~rstaE - al rules for ths interim ~
- e statutes or this class. fae forfeit
- sntire; thai g. ~ say fhe fhfaE IA
= entirety - absolutely forfeited - the
f.'sfnment CuUrssl Ter the fnfafveners
- earnestly i8siSte1 THAI AZ ieast the
'thrFe sr1lsk'ns which were secured
qre any violation ef che acf Should -
tsed and ~ contends fhst thn fnr-
WY oote sX-ens8s 70 - muca az th@
ss u any vessel saaH have he~n
* ssnGnyea ir vtctatlcu - fhe act.
would give effect 70 the w-er5f~--taz
TIRE H~ei ny eraafavef fn vtsstton e
~. or ~ the regulations mads there
SeS~as referring "a and governing All
- FecedirE WnNfs Of ghts sentence. ta-
ssiax fhs Werd '.a reS' TIRE granftFs sc
obstruction a. f11e scwsence. nne Fha
- -@aSsan, 90 sefnsz 20 me. give r3aM.f-
q this c0rven 1on Tor see NgEso =
xsS q the class of penal s3af sfes
49, mnst tse strictly construed. 1srph-
- sas tfiFs n'ea ming - fhe Assf weut8 e
AT resse4s ~ sav tire used or EN-
~ w NiNl8tiA~ - This st - ~ taa
eAtEn- usse thrveuna@r. sAa1t 50
Via vastr tackle anraFeA fu~r3-
IN sNd carEce& ne fsetete@s 70 tn@
Stales RGG e. 1H~ easa - a pen AZ
M 49, y very 8sghteul Wheeler tee
M san Assume Ho n1gca isstfu8e as 20
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