Whitelaw
Whitelaw v. United States
Opinion
Lead Opinion
Kerrigan, J.
This unusual and highly interesting case arises out of an act of Congress dated June 7, 3924 (Comp. St. Supp. 3925, § 991 [26-28]), which conferred jurisdiction upon this court “to hear and determine the claims of American citizens * * * for damages or loss occasioned by or resulting from the seizure, detention, sale or interference with their voyage by the United States of vessels charged with unlawful sealing in the Behring Sea and water contiguous thereto and outside of the three-mile limit during the years .1886 to 1896, inclusive, and to enter judgment therefor.” Under the terms of this act, plaintiff has filed claims in the amount of $99,000, for losses suffered by reason of alleged unlawful seizure and warning from Behring Sea of the whaling and sealing schooner La Ninfa, during the years 1893. and 1892.
It appears that, after the United States had purchased Alaska from Russia, the two countries divided the Behring Sea between (hem; each government claiming to have absolute jurisdiction over its entire share, outside as well as within the three-mile limit. At the times here in question, large numbers of fur-bearing seal went each year into the Sea, and for several months…