Dollar S. S. Co. v. United States

The Act of March 3, 1899, 30 Stat. 1152 , § 13, 33 U.S.C.A. § 407 , makes it unlawful “to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, * * * any refuse matter of any kind or description whatever * * into any navigable water of the United States, * * It is further provided, 30 Stat. 1153 , § 16, 33 U.S.C.A. § 411 , that every person or corporation who violates the above statute is guilty of a misdemean- or punishable by fine or imprisonment or both, and the same enactment (33 U.S. C.A. § 412) makes liable any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of the act set forth above.

From a decree assessing a penalty of $500 and costs against the appellant, as libelee of the steamship “President Coolidge,” etc., for violation of the above statute, this appeal is taken.

The facts giving rise to the proceeding are as follows:

The steamship “President Coolidge” arrived in the habor of Honolulu August 26, 1937, and tied up at pier 8. At about the hour of 10 a. m. of that day, one Norman R. Arthur,- a harbor…