The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-11-26
IT WAS NO OFFENSE.
DECISION OF COURT o. APPEAls N
TEE FAMOUS cooUTTLAn CASE.
The CharU&s Against TIE Steamer
Were Set ssssaineA ~ the Evs-
1enee. ssA the Weasel aaA Hsr
Cargo Are 9eIeaseA-An lDseress-
tng aevfew 81 the Case.

The text o. the decision OF the United
States circuit cours Of spSea-s for the
NErgh cfFrasi has been received IL this
city. The case 10 emitted the steamer
CeQnitlam. etc. Thomas Earle and the
Union Steamship Company. csa.mAnss and
appellants. ". the United States. appellee.
The case wac tried before MckeEn& and
Gilbert csrcaif judges. and knosiss. dis
srict judge Tne opinion 10 by Gilbert cir
eu.t Judge AmoEg other thlngs. tbs opiu-
ion says:
The steamship Coauifiam. With . cargo
Of s.is9 fur SEA sk.ns and some supplies.
was seszet by the Un!sed Ssa;ee revenue
cutter Corwtn q. or near Port Eteass. IN
the territory Of Alaska. on June =. ise2.
and was taken oy the cutter 20 Sitka and
turned over 70 the collector OF customs
On he ssh Of July following. the United
States district attorney died In the dis
trsct curt Of Alaska an informant ton for
the seizure OF the vessei and her cargo
and the forfeiture OF the same for alleged
violations OF tire provisions Of the revenue
statutes Of the United States
The iibes Of Information contains four
counts. The nrst count alleges thai on or
about June - ises within the irnfts OF the
Alaskan collection district and within
four leagues OF tins coast OF the said dis
tricF, near the Island Of Afognak there
was nnladen from the fur schooners
Brenda UnbYfa Sea Lion. Venture. Maud
.. and the Waiter 4. Earle. fur seal skins
amounting n the Aggregate TO s.ss5 ard
that on or aboat the 2Dfh ard rs. days OF
June. 1850 there were u5sa6en from the
Oscar and Hattie. the Viva and Fawn,
2 30 fur sesi skins: that eaes Of said YES.
sells were from the port Of Victoria. b. c..
or some other foreign port were laden
with merchandise. were bound for the
United States and on June a. 1872 were
anchored In q smas bay 10 the Afognak
island. ard elsewhere In the waters ada
cent To the land and within the collection
district OF Alaska: that none OF the YES.
se.s had come 20 the proper place for the
discharge Of their car~oes. nor hsd they
been authorized by the proper officer OF
customs Of the district TO unload the
came: that all Of the merchandise 50 IN
laden was at the time thereof received tn
10 the rcautsssm. with the knowledge Of
the master thereof al contrary 10 the
provisions Of sections ASST and 2.Sss. OF the
Revised Statutes.
The second count alleges Ia substance
that the Ceqeftlsn r. foreign vessel and
cleared from the foreign port OF Victoria
with q large cargo OF general merchandise.
On June H. 1891. she arrived In a smaIi
bay. on the island OF Afoenk within the
collection district Of Alaska. and did not
report 70 the deputy collector OF customs
AZ Kodiak. nor obtain a special permit 20
proceed further inland ard unload and
take on cargo On June % iSq2 when with
IN four leagues OF the Island Of Afovnak,
the steamer transferred large amount of
genera merchandise "a the British schoon-
ers. snd took on cargo also OF seal skins.
contrary to section s,ics. Of the Revised
Statutes
THE third count contains q resta.ement
or tNe first count. and alleges that the
acts therein stated constitute an unload
Ing 81 ire cargo contrary 20 section ..ss7 OF
TIE Revised Statutes
TIE fourth coun: claims the forfeiture
OF the vessel because she IN foreign ves-
sci ard cleared from . foreign port and
ovoushf into the waters OF the district Of
| Alssks merchandise Of a va'ue OF sSn 900.
/ that large 1uartifv OF the cargo was
subject 10 entry ard the eaty had not been
rad or secured to be RAID 10 ne United
| States; that all of the merchandise was
| hronEht into the United States with the
| ful knowledge OF the master. ard con-
| trsrv 20 the provisions OF sections so.;
ss7 and sa9 or the United States, and
VIII me frfe-t 70 defraud the revenues
| OF the United States
The answer Of n. into, Co., ,,s,,,-,
Company. isrnfv~a the owner ara c,.s,r-
| arr OF the Ccqutisrn asr,s.s ,e,e t-ansyer~
| 81 fn- seal skrs but denies TIA. anv -
the schconers were boss-d for the r-vss.N3
s'e'es- or that the merchandise was from
/ foreirn port. or was scand for the
T. transfers
| made w'.hsu tae d's'~fct OF Alaska or
wtthtn fotr leagues Of ire eoa~t,
The same genera, denial IA maze Of re
secorf count. TIE answer aiso sets IN
an Affirmative statement o. faces ~rhsrh
& t. rot necessary hare 10 rerea..
TIE snswe~ or the owner o. The cargo Is
similar 20 TIA. 81 the claimant 81 80
steamship. IN meeting The allegations az
Tire fourth count & alleges sh@s the whole
az The carso belonged 10 ard was con-
s-gred 20 Ire ssveras owners thereof ana
no portion was consigned 70 the master
mate. officers or crew 81 the sfeSs a4p~. sns
10 portion OF the cargo OF rgaercf,s rts.se or
sealskns @as destined TO any nor, or
place N the Tn.ted States, nor 20 any CT
ssn or person residing In the United
States.
The facts az xaown BY ne record and
which are 10, aspGted are.
The sealing srhoonars mentioned cleared
from Victorsa, r. G.. about Nay J. lsa2. On
fsSn11E ard sealing voyages 81 the <ar.h
Paste. They wsrs al foreign vessels
duly registered AZ ports IN she Dominion
% Ca-aafa. ard were licensed Tor tia vow
sge. Their owners belonged 10 the pacFss
S@slsrs' Association. When these vessels
embarked X had rot been aetnrrs,n red
whether the usotus viver1 which HAD
been PROCLAIMED May !. 1851. Tor . period
81 ere year. had be@n renewed. When L
wss known that X saul3 be rers wed the
CoeRstlsTn was 8tte3 cut a. Esct1rsa BIZ
the PAc.Ec SeaierS. Association for The
purpose CT carrying supplies 20 tire seal
ers ard 20 bring back their catch az tE~
seal skiEs Ter the srSg bar OF The season
ard 20 Gf9r-n them that the rsaaus
v.vends bad e'eeu renewed. she cleared
regularly freEn Victoria or Jane s lSs2
ard her Clearance. etc. showed ne nature
ara destination 81 her voyage II was
understood where the sealing vessels
Should rendezvous "a zs~es Ae- TIE leg
book 81 ths coqa tam. senE sy The rlss-
ter. has tbs entry under Gate % J->s e
1879:
sAt neon. Mariner sssa-<. ABREAST; se-
course sor Care Tsrsi weashere6 eaes
Ard stser~s - fo-~rsnSezvoax."
Afrer ire steamer met the vessels IN
Tocks bar OF Jurs - they al rrcce~gsass
seawsrs far he purpose 81 transferring
tie ca-Ec~s csyond tie Ink OF tie wasers
a. TIE Unsled Safes
II was SUPPRESSED by the master % re
Ce-su.tl&- ard BY re masters ~ re
ecsecoers fhs1 sEe izrtf 81 jurisdiction -
ire Un1te6 States wAs two Ten CUES FROM
ire ~Aare iron TIRE trt Al Of the cause ma
ctaz rssn,s -. sscsvo-s1 20 prove tAss Ssfors
the transfer - ca-xces TIE vessels rad
rree@ssse9 cat 20 sea mere than sour
leagues from sA@ saare, ard thSs The acts
! -eorrnsA I'D nS scoG place hsyc.S ne {grs<-
f, 8sStsan % TIE vFnsse5 StaSes. The district
eS1g-s ensxna snsf tee transfers took pace
ara part seven niles frosn IRE shore The
cczrs e apaessa caa2os aad an eFror n
TIE and.rg
Tee pr.aesrsl coutsntaor Sc tAs aanes,
~eree-rs ~. H-Ss arc third courts. wAsca
charge TIE vsosstacr 81 ssceso,s s.sS- And
s~& cf Ire Eagsse1 SS&tnses
Ssr-&or -ssr p-avsses IN sassss=ce saa.
10 xss-si nszna fer Ire r1asss1 Ss&ses Saaa
ssrAss<f sr- 2-v purpose w@zesvrr N~se-s