The Chiquita

This was a proceeding by libel to forfeit the American yacht Chiquita, the libel alleging that she was registered as a pleasure yacht and engaged in trade other than that for which she was licensed, in violation of section 4377 of the Revised Statutes (46 USCA § 325). When the issues were made up, the ease was referred to a United States commissioner as special master to hoar the evidence and make findings and recommendations for judgment. Upon the hearing, the special master found that the charges contained in the libel were not sustained by the evidence, and recommended a decree of dismissal. Upon exceptions, the report of the special master was confirmed and approved by the court, and a decree was entered accordingly. From this decree the government has appealed.

The testimony in the case was indefinite and inconclusive rather than conflicting. Members of the crew of one of the Coast Guard boats testified that they first sighted the yacht at a distance of about three miles and gave chase; that the yacht changed her course and headed toward shore; that they fired warning shots across her bow, using tracer ammunition; that, while engaged in the chase, they were flying the Coast…