The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-09-09
GULLY TO BE FINED $4,000.
ELAGRANF VIOLATIONS OF THE
CUSTOMS LAWS ARE CHARGED.

south Africa, Not only Failed to
Make Proper Returns 90 His Pas
sengcrs to Collector Beckwith.
But Allowed Their BaEEaEe To he
sent Ashore without a Permit.
The DingIcy Law SIoO-ProVision
Also Violated-C olIector BeckWith
Has No Option in the Matter hut
Must Assess the Fincs-CuIIy can
Appeal to the Secretary of the
Treasury.
When Capt. Gully OF the British bark
South African returns 10 Savannah 20
take charge OF his vessel he viii find
that there are fines aggreEating $S0p as
sessed against himself and the mate Of
the bark by Collector of the Port J. F.
b. BeckWith for violations of the customs
laws and these fines he will have to pay
before leaving port unless they should he
RENTED by the Secretary Of the Treas
ury.
The South Africa, as has been stated in
the Morning News, arrived at Tybee from
Rio Grande do Sui, Brazil the latter parl
of last week, and was shortly afterward
towed up to the quarantine station. Capt.
Gully. accompanied by ]. c. Brown and
wife. two passengers on the bark, were
brought up to the city Saturday night
along with their baggage on the city tug
Theckla before the bark had gone through
with and complied with the quarantine
regulations, and took the train for New
York.
MI 44o. Health
fcer LeHardy by Inspector Barrett of the
customs service. According to Inspector
Barretts statement he told DIT. LeHardy
that the parties in question were at the
Pulaski house, whereupon the reply OF the
health officer was Your word amt worth
that" at the same time swapping his fin
gers.
Collector Beckwith took the matter In
hand and has decided that it is his duty
to enforce the customs laws in this case.
The health officer called on the collector
yesterday morning, and they had con-
ference with regard to the case, which,
however. had no particular official signif-
canoe. Upon investigation by Collector
Beckwith it was found that Capt. Gully,
Ia failing to make the proper returns to
the customs authorities, had violated ar
ticle I72 Of the customs regulations, taken
from the passenger act of 1882, sections
nine and ten. That article is as follows:
1.-THE master of every vessel arriving at
a mort of the United States from any for
eign place ports and places in territory
contiguous to the United States excepted,
must when he delivers the manifest prod
uce to the boarding officer for eNamlna-
ton list Of all passengers on board ana
when he makes entry of the Nessel must
deliver to the collector a duplicate pas
seuger list under oath, specifying re-
spectively their names ages, calling, the
country TO which they belong, the port
of embarkation and the number OF pieces
of baggage brought by each; also in re-
spect OF emgrant passengers the naive
country and the intended destination OF
each, and the location of the space or
compartment occupied by each during the
voyage: also, in case of death during
the voyage, the name, age and cause OF
death For violation of this law the mas
ter shall be liable to a fine of $1,000
1t will be seen from this that Capt.
Gully is liable to a fine of $1,000 for not
having made the proper returns OF ms
passage to the customs authorities. ana
this fine will be assessed against him by
the collector.
In the second place, 1t Is charged that
Can't. Gully and his mate violated section
2s67 of the Revised Statutes of the United
States with regard TO unloading, which
makes il unlawful for the captain and the
mate of any vessel to unload baggage OF
passengers without a permit from the
customs authorities. In this case a fine
of 81 600 win have to be assessed against
both the captain and the mate, so that
the total fines assessed against them will
amount to $1,000.
Under the law Collector Beckwith has
no alternative in these cases, but is COM
PEELED to assess the fines as stated for
violations of the customs regulations. II
the fines are not paid the bark will be
seized and held for them until the Secre-
tary Of the Treasury Las been appealed to
and has decided the case one way or an
other.
Il am not disposed, nor do 1 desire to
appear arbitrary in the matter" Collector
Beckwith said yesterday, when asked
about the case, land 1 have no intention
of doing anything that will interfere with
or hurt the commerce of the port. But
under these sections of the customs laws
/ am compelled to act, and particularly
so when such fragrant violations of the
regulations are committed. / regret THAI
It is necessary for me to take this step,
but ii is my duty to protect the govern
menI ana 10 enforce these laws. Al lnG
same time l am ready to do everything
l can and TO make every allowance pos.
sible in behalf of the commerce of the
port. This. however, is the first time
have known Of such fragrant violations Of
the law being committed at this port.
Il trust that in the future l will receive
proper assistance from the local quaran-
tine authorities in enforcing the customs
regulations. In fact, l may say, that 1
am satisfied that l viii, since l have the
assurance of DR.. LeHardy to that ef-
feet"
The South African is, of course, still
at the quarantine station, and Capt Gully
has rot as yet returned from New York.
1t is likely that there will be a violent
protest on his part against paying the
fines, and he may have something to say
in the matter as to why he violated the
regulations. AS it appears from what Col
lector Beckwith says, however, he has
no option in the matter and the fines
will have to be assessed. 1t remains
for the Secretary of the Treasury to say
whether or not they shall be RENTED,
and there is little doubt that the case
will be appealed TO him.
IL is to be noted in this connection tina;
there has been violated another and a
more recent law, that section of the Ding
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