The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-02
THE DAUNTLEsS' DETENTION.
JUDGE LOCKE MODIFIEs HIS PRE-
VIOUS ORDER.

He Now Holds That the Appeal of
the Governments Attorneys Docs
Not Act as n Supersedeas-Thc In
junction Restraining the Govern
mcnt From Interfering with the
Movements of the Vessel There
fore Declared to Be in Full Force.
Jacksonville, Fla, March LIN the
United States court to-day Judge Locke
made an order modifying his previous or
der in the Dauntess injunction case. The
court had on Saturday made an order
suspending the enforcement of the injunc-
ton restraining the collector of customs
and captain of the revenue cutter Bout
well from interfering with the Dauntless.
as attorneys for the government held that
their appeal from the decision of the
court acted as a supersedeas.
The order of the court to-day was to
the effect that the appeal did not act as
a supersedeas, and that the injunction
was in fun force to restrain the defend
ants from interfering with the movements
of the vessel.
The only condition required by the court
was that the owner of the Dauntless
should give bond in the sum of $4,000
that the boat would not violate the navi-
cation or netrality laws
Some of the grounds for the courts
decision are given: I'm considering this
question, the court cannot go outside the
facts as shown in the sworn bill, and af-
fidavits of complainant and respondent
other circumstances referred to or in
timated, can have no weight with the
court. Apprehensions that the complain
ant may violate the law or suspicious that
he intends to do so, can furnish no basis
for legal action. The rights of citizens to
enjoy the use of their own property in
a lawful manner is incontestable, and the
provisions for preventing violations of the
neutrality laws are plainly laid down in
the statutes, and can neither be extended
by the courts, or by the executive officers.
The law provides (section $3.50 that when
any military expedition or enterprise is
begun or set on foot the President or
such other person as he shall have en-
powered for that purpose, may employ
such part of the land or naval forces of
the United States or the militia thereof
for the purpose of taking possession of
and OBTAINING any such vessel; he may
use the army, navy, etc, to take into
possession and detain such vessel but
find no power or authority granted to or
conferred upon the Secretary of the
Treasury, whose duties and powers are
declared by law to use the revenue, ma
rine or custom officers to prevent by force,
or threatened force, that freedom of loco
motion which is the right of every vessel
which does not. transgress the law.
L find no power conferred upon the Sec
rotary of the Treasury by the statute to
insist upon the reception of treasury or
revenue officials ON board a vessel to
watch and control her movements, and in
default of such reception to prevent by
force, or show of force. the legitimate
conduct of navigation and maritime af-
ialrs. To acknowledge such a right is to
estaDIlsh precedent which could as well
be applied to internal revenue affairs 10
customs matters and to all the walks of
lie as to questions of neutrality. It
would apply to individuals as we'll as to
vessels, on shore as well as upon the wat
ers' 10 buildings as well as to ships, and to
the apprehended Intention of violation of
each and any law upon the statute book
In TINS case the facts are established
by affidavits that Defendant Kileore nv
instructions from c. r. Bisbee, emanating
as they say, from the Secretary of the
treasury refuses to permit the complain
| ants vessel to depart, unless by perrnis-
sion of the collector of customs. G. r Ris-
bee, and with revenue officers on board. >
Complainant alleges, under oath. that
ne intends TO violate no laW-that he
only wishes to use his vessel I'm lawful
occupation and that he has furnished the
defendant and their superior through
them with aftidavits to that effect. These
facts appear in the record; 1t is clearly
established that complainant is restrict
ed in his lawful rights without autboritv
or sanction of the law, and defendants
should be restrained and enioined from
| such wrong-doing in the future.
Il think that that order shouId NON,
pc SO amended that a preliminary in
Junction, restraining the defendants as
prayed should issue. upon the compIain1
ant executing bond in the sum of s15 600
conditioned that during the exercise ~
such preliminary injunction he will in
no way violate any navigation or nen-
trahty law of the United States
James w. Locke Judo,a >,
Lawyers here all agree that the 5acis-
ION Is most important one and one that
VIII De used as a precedent hereafter Az
Ter thls owner Bisbee asked for clearance
papers Tor Brunswick, Ga, but was re-
FUSED lie then demanded Clearance for
Nassau, N. p, but was refused until ~
secretary of the Treasury was cons,ito
edi and Mr. Bisbee then had HE ,ressel
move out into the stream so the VesnH,i,,s
could stop her thus aiding him in biS
sults against the government. Cant. PiTss
| pury or the Vesuvius compelled the YES
SCI 10 return to her dock and tie up.