The Calypso

The gasoline screw steamer Calypso was seized in Monterey Bay, while engaged in unlawfully smuggling into this country certain Chinese not entitled to admission. This action is brought to have the vessel condemned in accordance with section 10 of the Chinese Exclusion Act, which is as follows:

The undisputed facts are as follows:

The Calypso is jointly owned by Wm. L. Sassaman and Morris Pettenger; the former owning a five-sixths and the latter a one-sixth interest. Wm. H. Singleton is a creditor, who is, by agreement with the owners, entitled to a mortgage upon said vessel for $3,400, and the Los Angeles Creamery Company is also a creditor holding mortgages thereon aggregating $760. Sassaman has put into the boat $5,000, and Pettenger $1,000, in addition to the $3,400 secured by Singleton, and about $800 advanced by the Los Angeles Creamery *670 'Company, making the cost of the boat something over $10,000. On May 22, 1913, Sassaman was regularly enrolled by the collector of the port of Los Angeles as master of the Calypso, and thereafter, with the knowledge and consent of Sassaman, Oren H. Dickason was enrolled as master on July 2, 1913, Ralph L. Lopes on July 15, 1913, and…