The Chiquita

This is a. libel by the United States against the American yacht, Chiquita, brought under section 4377 of the Revised Statutes (46 USCA § 325). The specific provision of said statute, which the libel alleges was offended ’’by the respondent yacht, is that she “was registered as a pleasure yacht and engaged in trade other than that for which she was licensed.” Pursuant to process and monition, one J. G. Cornwell appeared as claimant to the yaeht and filed answer herein in which he denied the allegations of the libel and set up certain affirmative defenses that I consider unnecessary to mention or discuss, except as hereinafter adverted to.

The issues were referred to a Commissioner. He has filed his report wherein he recommends dismissal of the libel. The government has filed exceptions to the report, and the question for decision is whether the report should be .confirmed and the libel dismissed. The record of reference in the minutes of this court fails to disclose whether the reference was by consent of the parties or otherwise. The respective proctors are not in agreement as to whether the reference was plenary or otherwise, and, although the order of reference was made by me,…