The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-11-26

sor ne esscAarre Of her cargo x-2 has
been 3azy Authorized 20 Co 80 by tie
proper otzrs- OF the customs servceA Tia
persasty q q 1ne Of Sf11 for he osy,esr ard
nae ana the fo-feiEure Of che mercnaz-
else % ura1sn. excev ia case Of scne
uzavcdasx accident. recesszey or dssxress
OF weather.
Section s.Sz provides that 4 sny ner-
chas9Exss % ura6ex shall ee pu or re-
cesyed srsc sny vesssl except q case OF
s~cse-<yr Necessity o. q stress TIE master
OF sny such vesse. ard al. persons aiding
or ahetsAng Biz ssaL De Liable 70 q penalty
OF treble The vs-Ge OF rne ra@rch@ra -.
and The vessel n wa4ca they shall De 50
put stall ne forfeited.
The -ours cites a ramber OF authorities
gsrraane 10 the case. and says: "in view
OF these principles and The gaets Ia this
case ere caaaoa say snas me scaooners ar
rived within the waters OF the United
States Or that they were bound TO the
unstsc States The words and bound 20
the United states vii be given ,hear reas-
soaah1e meaning II II had been intended
In tbs statutes 70 prescribe . penalty for
the unloading OF the cargo Of a foreign
vessel merely upon Der Arrival within the
waters OF ;ae United States. Irrespective
OF the purpose for which she entered those
waters is ss evident that the words and
bound for rsle Cniiet Statss' wound hare
no pace In he statute. Il IL not every
casual arrival OF a vessel within the wa
tiers Of the United States and the unload
ing OF portion Of her cargo within such
waters, therefore. that comes within the
Prob btsioo OF rhe statute. The vessel
must also be one bound 10 the United
States for me purposes Of her voyage
The unloading must DC OF a ggo which
Is destined TO tie United States and 10 be
there schagse1-
cit Is not cos ended that any injury has
been done the United States by the acts
,ha, are com CLAIMED Of Ia this libel. or
that the United States has ia any way
been 6esrsuded Of revenue. or that the
intention ~as 70 eyade the provisions OF
the revenue laws but It is eonteaded thas
the po.icy and spirit of the law has been
broken BY the transfers OF usercba ndlse
within the waters o. the United States
without: permission from the proper su-
thoFfties and the attention OF the court -
directed to the danger OF frauds upon the
revenues which may result from the per
mission OF such transfers. We must not
BE diverted from determining what Is the
fair purpose and meaning OF the law by
considerations such as these. IL the stat
utss. upon proper Interpretation Of their
meaning and purpose. have not prohibited
the act which has been done in this case,
the penalty pronounced BY the statutes
has nos been incurred.
The second count Of the libel seeks TO
forfeit the steamship for violation OF Sec
ton 3los OF The revised statutes. This
statute provides for the forfeiture OF a
vessel from any foreign territory that un-
loads without permission from tho Gus
toms officer.
81, 10 alleged .ha; the master failed TO
report 10 the ofrice OF collector of customs
al kodak. II Is held that the Law was
not violated by merely bringing the vessel
within the waters Of the United States
and falling TO report her presence there,
but the penalty Is Incurred only in case
such vessel proceeds further inland. oather
to unload or take on cargo. without sle-
cial permit from the collector. Not only
does the libel tau to aiiege that the Co
quiliam after entering ihe waters Of the
United States proceeded further inland.
either 10 unload or taxe on cargo. but
there IL no record. no proof upon which
such an allegation could be sustained IL II
had been made
The fourth count alleges the viola iron
OF sections z 500. 2S07 and 1.s0s. The STAT
ute makes forfeiiabe only such naerchars-
disc as Is consigned 10 the master. mate,
officers or crew. II Is not alleged that
any OF the merchandise was so consigned.
The answer OF the owners of the cargo
contains the distinct ayerment that 1t was
no, SO consigned. but 20 the owners there
OF. and there Is no proof 10 the 1outra-y-
II is unnecessary. therefore. 10 farSlsr
consider this count OF the libel Tns de-
cree VIII be reversed and the Ioei dis
missed
Judge McKsnna CONQUERED In the view
thai The charges against the Cyosiiar
were not sustained by the evidences and
he ooncurs In the judgment Of reversal
On The other points decided by the major
fty az RE court he expresses no opinion.