The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-01
FIGHTING SAYWARD COSTS.
MIR. Dickinson Moves the Dismissal
of Claim for $62, s2712-
Seizures Not Illegal.

Victoria, Il. c., Nov. 3o.--When the Ber-
ing sea claims commission met this morn
ing Gen. Dickinson stated that he had
already filed an answer in the first case.
and that the others would be put in as
soon as they We're got ready for the print
ers. He then filed a motion to dismiss
case No. 26. for So, S27.12 for costs OF the
Sayward case. The ground OF the motion
was that these costs were incurred by the
Canadian government and not by indiyid-
uals, and therefore the claim did not come
before the commissioners within the terms
OF the convention. In case his friends on
the opposite side intended TO press the
claim he would ask for an adjournment
pending an answer from his government.
Mr.. Peters expressed surprise at the mo-
ton, and said he certainly intended to
press the claim The sum named was
actually paid by the Canadian govern
ment which. as far as the tribunal was
concerned, was the British government.
Mr.. Dickinson stated that such claim
as this had no more right to be put in
than would claim for the costs of either
government before the Paris tribunal
Costs incurred by individuals might be
put iu, but not costs Incurred by either
government. They were excluded By the
terms OF the convention.
Mr.. Peters was satisfied to let the mat
ter stand over, and he further proposed
Diamond and James Gaudin motions until
he had heard from Sir Julian Pauncefote,
to whom he had wired and who would
interview Secretary of State 0lney.
Justice King announced that nothing
further would be done in re Sayward costs
until counsel again mentioned IL.
1t was then arranged TO take up the
Carolina case Wednesday. The replies
filed by the United States state generally
ha% rx9ada in x~nnH filth
by the officers Of the United States within
the line of their duty and authority, and
the mandates or the municipal laws of the
United States for violation OF the statutes
Of the United States. and such seizures
were ratified and adopted in good faith by
the government of the United States as
for violation of their statutes Section 2
OF the reply reads:
The United States aver that. before. ct
the time OF and after seizure az said YES
sells. said vessels, their apparel OUTFIT and
cargo were wholly or in part the actual
property OF n citizen or citizens OF the
United States, and further that at the
times aforesaid the beneficial interest In
the whole or in part of said vessels. their
apparel outfit and cargo were possessed
and owned by citizen or citizens OF the
United States. and that said voyage was
entered upon and prosecuted In whole or
in part for the benefit OF citizen OF the
United States"
The reply further alleges that the dam
ages claimed are speculative and Excess
sive as 70 damages claimed for arrest and
imprisonment OF the masters and mates
OF the vessels. The United States AYERS
that the only damages 70 be considered
IN case OF any liability on the part OF the
United States for such arrests and deten-
lions are those for actual pecuniary loss,
and are not in their nature punitive or
aggravated damages.