The Underwriter
13 F.2d 433
2d Cir.
1926
Check Treatment

Ann. undеr legiance miles vessel origin, 4. gling miles 5. Customs duties 3. International §St. 2. seized 1. International (Circuit Court of Admiralty American American Every liquor-laden Seizure is filed. off off Tariff of tax. by Coast to its own goods coast. laws coast, (Comp. nation has THE UNDERWRITER. Act <§=23. yessel, vessel of July 7, Cuard held not law 1922, §§ American SI. United No. <§=>130. libel for 5841hl2-5841hl4), <§=>7. <§=>7. Appeals, Second Circuit. <§=>7. intent reasonably need § 6352), relating §§ 137. of collector subject 593a-594 not seas to defraud United vessel, ‍‌​‌‌‌​‌‌‌‌​‌​​​‌​‌​​​‌​‌‌​​​‌‌‌‌​‌​​‌​‌‌‌​​‌‌​​‌‍forfeiturе, retains her believed held States. (Comp. THE forfeiture, seized place. lawfully or Rev. [13] smug- in its time *1 UNDERWRITER F. St. al- (2ft) her uel for appellee. United States HAND, Ann. ond of From a decree claimant’s leged ford, Conn. First, 594, H. (Comр. [433] MANTON, Before Appeal Libel Louis John Cohen, Taeker, engines, section 3450 of sets forth Supp. 1923, alleged appeals. American steam screw St. Buckley, Halle, Asst. exceptions States cоntrary from the District Court Tariff ROGERS, MANTON, § for the District etc.; violation of sections 593(a)- forfeiture New Judges. 6352), of U. Reversed. five U. had been §§ Act of 1922 New Arthur F.[2d]~ S. causes of 5841hl2. to S. the Revised Statutes to Atty., both Judge. York alleges Atty., City, Maul, 937) sustaining of imported law; for City (Eman- Underwriter, of counsel), Connecticut. (Comp. forfeiture: The libel 5841hl4), forfeiture of Hart- the sec- George United into 433 St. al- §St. % can on voyage registered high toxicating loаded within SSl-lliO), portation Ann. transportation cense, 5556, 5792), coast, coast, 7. 6. Customs duties St. (Comp. foreign voyage St. § or license uor-laden Shipping <§=16 Shipping <§=16 Intoxicating liquor-laden Libel liquor-laden §§ seas while laden fоr Supp. 192-3, licensed not held held 8132]). 13 F. relating St. Ann. engaging exception for ‍‌​‌‌‌​‌‌‌‌​‌​​​‌​‌​​​‌​‌‌​​​‌‌‌‌​‌​​‌​‌‌‌​​‌‌​​‌‍liquor, for registered coastwise held held sufficient [Comp. (2d) forfeiture of St. § subject coastwise held sufficient under statute giving up leaguеs liquors <§=246. held without —28 vessel, —Libel liquor; —Libel Act, tit. <§=130. 8132). had § boat or (Rev. Supp. trade for which she was sufficient, vessel for 10138%mm), Rev. St. to forfeiture States. forfeiture, for coastwise trade 3086]). seized 34 (Comp. giving up under liquor-ladеn whisky St. § 4377 against exception. forfeiture American § only, under Rev. St. unlawfully statute St. §§ on a and without §§ (Comp. under Rev. enrollment under forbidding no trans- seized on miles carry [Comp. 5841h;>, Ameri- of ves- and li- (Rev. 5555, Na- liq- un- in- St. off vised Statutes off as vealed that trade censed voyage without miles S. E. section 4337 of Act S. E. censed; and vessel had sel under whisky stored license 4377 of 10138%mm), alleging illegal forfeiture 8132), 5792), St. § Coast of sections Tariff Act 1924/she intoxiсating liquor o£ title The Underwriter 8086). (Comp. other than that for which she was li- §§ time as well Lighthouse light, the Revised Statutes 5841h5, accordance with the alleges American received 2867, ‍‌​‌‌‌​‌‌‌‌​‌​​​‌​‌​​​‌​‌‌​​​‌‌‌‌​‌​​‌​‌‌‌​​‌‌​​‌‍coastwise trade. On December she had no 2 of liquor; officials on 147° in her giving up her St. as sections (Comp'. proceeded upon 2868, 5841h6), Revised aboard it a (Comp. true anwas registry and hold, violation of section she had on said and 3088 of St. permit authorizing is employed third lat. 40-40 alleging 586, Supp. St. Ann. §§ enrollment American ves (Comp. Block Island provision 811 cases of vessel; 587, quantity 5555, 5556, Prohibition of section seas 35 was li (Comp. foreign Supp. long. in a Re- re § § *2 REPORTER, 2d SERIES 13 FEDERAL lon, trict of tions were for the condemnation claimed, in without warrant point the vessel and search of the crew ritorial admissible dence thus referred claimed that feiture under 264]; Amеrican Banana Co. v. United Fruit ship, said: U. S. support leagues of the coast of the tained her whether try and use of the fending vessels libel of tion its own laws the United States. Cunard S. S. Co. v. Mel committed when place ereign.” strained to complete, to our Ed. Co., 213 U. S. describe arises out of the the common also, Seagrove Parks, This American 'the In The “The search and characteristics 826, 16 Ann. Cas. It is of the Tаriff Act of 1922 262 U. S. has a Justice seas, where It is of the United States in by or and its sovereignty.- director of information. That Connecticut, jurisdiction which to in no there established quite question seizure officers on the chiefly Apollon, support of such allegiance secured outset, the places jurisdiction of the court on the several Story said: highway of all recognized Law high well seizing of the vessel any own [28 there must, flag, applicable is not by instance recognized against the seas was unlawful found 9 Wheat. (3d Ed.) of such a seizure sufficient to law, waters, customs S. Ct. See The trial. a vessel of the vessel. on 'the to the personal placed 1047]; 1 S. Ct. question is [29 causes 1 B. 555 5841h) therefore, Eor, “The disputed. principles our the United States no territorial sov- nationality of Q. high a libel was partakes it appellеe, which exceptions, that on the support a for- domicile, any nations.” the vessel was is It in the Hamilton, place. Story, jurisdiction is by liquor. permit. that as that court arrest of than ships is seas at intended to Oppenheim is further 52 L. Ed. breach authorizes presented every 6 L. Ed. 123-125, seas re Prohibition the evi- more of custody of law. of that Section of Excep- (1891). be re of ter- L. Ed. ocean, 100, regis- is in- Coast а Dis- four filed The na the of of or to baker Sedan L. is libel. it its the 12-mile in so far as the enforcement of the 44 U. intended reasonable commands the right it v. tended to serve mile sels limit who other pears as thе ognized recognize tations, ditions, detention L. ice thority quiesced an Conflict of being practiced. there is reason to search and formal Connecticut is believed to stop, authorized holding that bringing the its Section Ed. intention States v. intended as a delimitation subjects coming collector when the libel was The learned District limit. engaged in forbidden countries high L. Ed. origin. jurisdiction is the 12-mile limit. diplomatic service, in times of the United States would 987; United States v. One Stude board, search, and seize (3 How.) 197, 11 jurisdiction attempted of American boats enforcement of this 581 of the the res seas,"if, upon reasonable Caledonian, limit, Laws, pp. seizure grounds appearing within Law was of no give where (C. Story authorizes permit the seizure 523; is government forbidding search, capture of the vessel other was a reсent be Congress, the seizure coming Guard, engaged is beyond the Coast Guard 41 U. S. and this notice power believe that States was objection the 12-mile owned for violation miles, A.) 4 F.(2d) concerned, pеace to search or seize the laws of Taylor particular over vessels search and seizure nations, it has concerned. As it 19-21. importance, Under in the into the within upon the detention its tеrritorial Judge jurisdiction resides within but where treaties its in by its explanation in the But U. S. v. United A.) 294 must laws. beyond long question. being be made enactment, in- ordinary con- as is the of the limit. it the Pet.) law, make search nationals Thеrefore, if as to vessels method used was in error the 12-mile foreign ves- Congress.is 559; subject and in the serv- (4 Wheat.) of the laws absence of district of filed, seizure, owned been authority 1922 was in so far violated, same, grounds, to make powers no au- States, It was Wood found is ac- illicit Unit upon limi- ease rec- ap 12- by or is utory limits of their fraud reasonable of: on the appear necessary These stаtutes portation of cuit) . Sections leagues of tho United ground There Since it do not off the which [5] goods or commodities States, 12 provisions The first The section The third provides for in the libel was no section 3450 is unloaded statute which refers the boundaries it could apply coast on a vessel. of forfeiture 593(a)~594 permits. Guard, cause to been section any merchandise smuggling of the F.(2d) 849 intoxicating this or in tho whatever established States Law, invoked of forfeiture from a vessel power. believe that no act. Ritterman applied does States application, for title of tax with by the stiрulation Revised Statutes. ‍‌​‌‌‌​‌‌‌‌​‌​​​‌​‌​​​‌​‌‌​​​‌‌‌‌​‌​​‌​‌‌‌​​‌‌​​‌‍liquors violated to merchandise found 34 forbids trans C. and intent to liquor within was appear is based be the stat- THE NORMAN and of the Na the law A. smuggling agents of involves penalty. brought v. Unit 2d Cir by this profits, does 13 F.(2d) second These up no de of port read this these that the Underwriter tion of section voyage, give up voyage. therefore and forfeiture. warranted District Court to which ture ried. testing as it does thо did collector of and sel, employed exceptions to this There is [9] procure ROGERS, Decree reversed. BRIDGE not, which it The fifth opinion. views, are fourth prior nothing opinion. sufficiently which the cоurt a certificate but, sufficiency of agreed reversed, character to a licensed, owing district, comprehending proceed she sufficiently libel. The decree below in should left tradе other than that with directions to the to his Judge, stipulation on the grounds registry proceed tho conformity absence, on such sets sustaining libel, in the libel. concurred in purpose this of forfei- to seizure from the she car to bavo on such *3 a license, forth, facts, viola will and tho transported on the vessel territory of THE NORMAN BRIDGE. of this there was no violation therefore (Circuit Appeals, Court Second Circuit. et al. Mel provision. S. S. Co. Cunard July 504, 67 lon, 262 U. No. 372. 1306; Romano v. vised port merchandise, taining legations volume. lating the support and sustain the laden with vessel was censed. 8132) allegations The fourth of forfeiture. оther than that (C. A.) F.(2d) moro than In the provisions of cases of registered for coastwise trade eárry Rev. stipulation provides when tho absence stipulation, vessel was kind 1% whisky, 'and Section 4377 she providеs for which she libel as to per her license to trans trade, of a eent. alcohol are and she employed together she liquors sufficient to was vio the boat she was the Re carried con ves- New al li ing gines, etc., onion, modified, and libel of the Frederick New York. tho United against steamship United States for the Southern District of cover Company dismissed. voy engaged Collision Hough, Burlingham, Veeder, Appea] from the District Court of tho causing Evidence damages, damages the Frederick also, <5=342. From decree tho United collision with another the Frederick City (Charles held to both zigzag ‍‌​‌‌‌​‌‌‌‌​‌​​​‌​‌​​​‌​‌‌​​​‌‌‌‌​‌​​‌​‌‌‌​​‌‌​​‌‍Judg’e, сollision, Norman establish parties appeal. maneuver. States, claimant, dissenting. Hasten & Leyland Company, dividing Leyland and cross-libel sole Bridge, steamship Burlingham, fault Fearey, Company Leyland her en- award- Decree to re- Nit- con- ves- oí