UNITED STATES '/1. THE PILOT.
, (Dl.Btrlct Oourt, D. WasMngton, N. D. October 80, 1891.)
lI'9BBIGN WA1BRS-ToWAGB-FoRBIGN TuG-BoATs,. ,
The boundary between the United States and Great Britain in the Strait of Juan de Fuca iilAxM by treaty ona line following the middle of the straitt the north· ern, part et:thE! strait· bein" British water, the southern, A.IJ:l.erican; out by' the same treaty the. entire strait IS free, ani! open to both countries for purposes of nav· igation. Held; that no part' of the strait is "foreign waters," within Rev. St. U. 8. li 437Q, Which excepts, from the penalty thetein denounced against foreign tugboats tow.tns United States vessels between dOlllestio ports, oases where the towbig is in whole or in part on foreign waters.
P. U.S. Atty. Burke, ShJJpard & Woods, for claimant.
On libel to enforce a'penalty.
HANFORl),J. This is a case of seizure to enforce a penalty imposed by section 4370, Rev. St. U. S. The facts are as follows: The Pilot is a British sWam-tug, engaged in the business of towing upon the Strait of Juan de Fuci!. and other waters of this state and British Columbia. The bark Valley Forge is an American enrolled vessel of 1,286 tons burden, engaged in coastwise trade; and, being bound on a voyage from San Francisco to Port Angeles, entered the strait without assistance, and was beating against a headwind towards her port and destination. The Pilot found her on the north side of the strait, and within three miles of the shore of Vancouver island, near Port San Juan, where she had sailed upon her port tack, and towed her across the strait to Port Angeles, pursuant to a contract made with her master at .the time to tow the Valley Forge first to Port Angeles; thence to Departure bay, in British Columbia, to load; and thence to sea. The Valley Forge remainen at Port Angeles while her master went to the custom-house at Port Townsend for the. purpose of exchanging her certificate ofenrolllllent for a register, to entitle her tQ clear for a foreign port, and she was afterwards towed from Port Angeles to Departure bay by a British tug, under the contract made with the of the Pilot. Section 4370, Rev. St., is the same as the twenty-first section of the act of July 18, 1866, entitled "An act to prevent smuggling, and for other purposes." 14 St. at Large, 183, as amended by the act of 1867, found on page 410 of the same volume. It reads as follows: "Sec. 4S70;All'.steam tug-boats, not of the United States, found employed iJl towing d,OCUIJlenteli vessels of the United States plying from one port or place in tb6Sl'me to another, Ell1aU be liable to a penalty of fifty cents per ton on the measurement of every such vessel so towed by them respectively, which sum may be recovered byway of or suit.. ',rhis section shall not apply to any case where the towing in whole or in part is within or upon foreign waters."
FEDERAL Rlll'ORTER ,vol.
Originally the section contained no exceptions. The last clause was exa'ct question now presented for added by the amendatory act. decision is this: Does the mere fact that a vessel, in making a passage of the strait, crosses ,theinternrithmalboundary.line, legalize a towage service which would be a violation of section 4370 if performed wholly on the American side?'I'his strait lsan arm of the sea, wholly within the jurisdiction of the United States and Great Britain, as part of the territory,o,f two a!1.d is 11Ot,' like the open oeean,.afree high:" way'for the shipso(,1IJJ nations.l3y treaty stipulations the boundary two countries is upon.a line folloWing middle of the strait, that PlU't of it north of tlw middle.i& British water, and ofthe But byipe treaty thEl.entire strait' is free and open to both countritJs,fo:r.. purppses ofnl:\vigation, so that the vessels of each are free to sail anywhere in the strait, upon either side of the line. ,ltis nly,opinion that, no part of the strait can be regarded as foreign to either or British vessels, (The Apollon t .. 362;) an4, further, .thatthe term "foreign waters," as used in section 4370, means water under the ex.clulliye dominion ()Ja for all., My. c\>nforeign tJlgsare not privileged to tpw vessels bOlmd oneA-m,edean port to, on eitp.ersid,e. of thefltrait., and thlJ..,ta penalty has been by the tug Pllot iij.. the lib61 inthis c a s e . ' , ' , . . . ' , ; '.'
&: C. A. S; S. Co.
IN SILVER tlPECIE.
,'" .. "
l ·. SALVAGE-MAS1ER
Oc)'t//rt, S. D. New York.
, In disaster the ship-master is agent of the cargo as well ail of is but ftllfllliuFr his legal duty io providing for the safety of' such of the cargo as can be saved, and is not entitled to salvage there!or. Seamen who assist in saving cargO after the ship Is wrecked, and the' vdyage broken 1;IP and the crew di,scharged, are entitled to e,lttra compensation. .
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SAME-SEAMEN AS SALVOR.S: .
A steam-ship ran aground on a well-known s)lOal, in clear weather, 'e.t sea, and became a total lollS. The passengers and 81 of the crew were discharged, and sent by a small steamer to the port of destination. The master retained seven of the crew to guard $9,500 specie on board the vessel, and subsequently removed it from her to a small island, from which they finally brought it in II small boat to II place of work we.s not de.ngerous or arduous. ,Held the.t, e.pllo,rt fromhls presumptive negligence in stre.nding the vessel, the me.ster was not entitled to salvage, but that compensation of $1,000 should be paid to the seven sailors.
In Admiralty. . Suit to recover
by Edward G. Benediot, Esq., of the New York bar.