No. 56.
Mr. Garland to Mr. Bayard.
Department of Justice.
Washington, October 11,
1888. (Received October 12.)
Sir: I herewith inclose copies of
communications received from W. M. Grant, United States attorney for
Alaska. From the facts submitted by him, in connection with those
contained in my letter of the 26th of September, I submit whether it
will not be expedient and for the best interest both of the United
States and adverse claimants, if there be such, that the vessels
referred to be speedily sold. An answer is desired at your earliest
convenience.
Very respectfully,
[Inclosure No. 1.]
Mr. Grant to
Mr. Garland.
District of Alaska, District Attorney’s
Office,
Sitka, September 20,
1888. (Received October 12.)
Sir: Marshal returned from Port Townsend
says no vessel was bonded, and now the parties have concluded not to
bond and want the sale to go on, but I shall instruct the marshal to
await instructions from you. How long shall I wait for the parties
to act? No owners have appeared on the record; the record does not
show who they are. No claims are filed or bond for costs given. The
cases were submitted on the agreement signed by Mr. Drake for “the
masters,” and on his demurrer as representative of Canadian
Government.
Very respectfully,
Whit. M. Grant,
District Attorney.
[Inclosure No. 2.]
Agreement between the United States and the
masters of the schooners seized in 1887.
in the district court of the
territory of alaska.
[The United States vs. the
British schooners Dolphin, Anna Beck, Grace,
and Ada.]
It is hereby stipulated and agreed between the plaitiffs and the
masters of the defendant schooners that the demurrer filed in the
matter of the information against J. D. Warren, and the agreement
therein, shall apply to the libels filed or to be filed against the
above vessels. It is further stipulated and admitted as a fact that
the masters of the above-named vessels did kill seals during the
month of July, 1887, in that portion of Behring Sea claimed by the
United States under the treaty of 1867 between Russia and the United
States and beyond the limit of 10 miles from the nearest land.
It is further stipulated that in case the vessels or any of them
shall be condemned by any order of the court that the same shall not
be sold until the expiration of three months from the publication of
any order ordering such sales, and that such sales shall take place
at Port Townsend or some other point on Puget Sound.
It is further stipulated that the defendants may give security for
appeal to the Supreme Court of the United States or such other court
as may have jurisdiction by bonds of any qualified bondsman in
Washington Territory, Oregon, or California.
Upon the question of facts thus agreed upon the parties submit the
cases to the court upon the law question raised by the demurrer.
On behalf of the masters of the above schooners.
- M. W. Drake.
- A. K. Delaney,
Attorney for the United
States.
September 10,
1887.
