Peterson

In this action defendants in error, plaintiffs below, recovered judgment against the United States for damages occasioned by interference by the United States with the American sealing schooner James G. Swan. In its general character the action is like Bird v. United States (C. C. A.) 24 F.(2d) 933 , in that it is based upon a claim of the plaintiffs below, heirs and legal representatives of an American citizen, for damages for loss occasioned by or resulting from the seizure, detention, or interference with a voyage, by the United States, of vessels charged with unlawful sealing in Bering Sea and waters contiguous thereto and outside of the three-mile limit during the year 1891 (Act June 7, 1924, 43 St. 595 [28 USCA § 52]). The judgment was for $17,-873.45, apportioned between two causes of action, one for interference with and seizure of the Swan in 1899, and the other for interference with the ship in 1891. The United States does not dispute the propriety of the judgment for $4,042.35, as to the first cause of action, nor does it dispute that a judgment was properly given in favor of plaintiffs upon the second cause of action; but it is urged that upon the second cause of…