Earle

Earle v. United States

Good Law
1 Alaska Fed. 483·23 C.C.A. 438·77 F. 744·1896 U.S. App. LEXIS 2281
United States Court of Appeals for the Ninth CircuitNovember 16, 1896No. 200California5,305 words

Opinion

Concurring Opinion

McKenna, J.

(concurring).

A careful review and consideration of the facts of this case convince me that the finding of the district court “that on the 19th day of June, 1892, within the United States, in the collection district of Alaska, and within the waters thereof, within four leagues of the coast of Alaska, and within the jurisdiction of this court,” the cargoes of the various vessels were transferred to the Coquitlam, is not sustained by the evidence; and I therefore concur in the judgment of reversal. On the other points decided by the majority of the court I express no opinion.

Lead Opinion

Gilbert, J.

The steamship Coquitlam, with a cargo of 6,190 fur seal skins and some supplies, was seized by the United States revenue cutter Corwin at or near Port Etches, in the territory of Alaska, on June 22, 1892, and was taken by the cutter to Sitka, and turned over to the collector of customs. On the 5th day of July, following, the United States district attorney for the district of Alaska filed in the district court o'f that territory an information for the seizure of said vessel and her cargo, and the forfeiture of the same, for alleged violations of the provisions of the revenue statutes of the United States. The libel of information contains four counts. The first count alleges, in substance, that on-or about June 19, 1892, within the limits of the Alaska collection district, and within four leagues of the coast of said district, near the island of Afognak, there *485 were unladen from the schooners Brenda, Umbrina, Sea Lion, Venture, Maud S., and the Walter A. Earle, fur seal skins amounting in the aggregate to 3,893, and that on or about the 20th and 21st days of June, 1892, there were unladen from the Oscar & Hattie, the Viva, and the Fawn, 2,297 fur seal skins; that each and all…

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