Mr. Adee to Mr. Lowther.
Washington, September 7, 1901.
Sir: I have the honor to acknowledge the receipt of your note of the 2d instant, in which you state that you are advised by the governor-general of Canada that on June 22 last the Canadian customs special officer at Skagway raised over his office the Canadian customs flag, with the object of better indicating that office to persons engaged in the shipment of goods from and through Skagway into the Yukon territory and points beyond.
You add that on the same day the flag was cut down by Mr. George Miller, a lawyer from Juneau.
You express your assurance that this Government will cause an [Page 547] inquiry to be made as to the facts alleged and your conviction that the offender will be brought to justice.
You also express the hope that due reparation will be made for an act of discourtesy to a British flag on territory in the temporary administration of the United States.
In reply I have the honor to say that this Department in July last brought the incident to the notice of the Secretary of the Treasury, who detailed a special agent to investigate and report the facts bearing upon it.
The agent reported from Skagway as follows:
I stopped here to collect the facts and circumstances in connection with a suit at law against a citizen of the United States for cutting and pulling down the customs revenue flag of Canada, which had been hoisted for the first time over the Canadian custom-house located at the railroad depot building at the port of Skagway, an incident which occurred on the 22d ultimo.
For some days before its happening it had been rumored around town that Mr. E. S. Busby, who is stationed here in the capacity of supervising officer of Canadian customs, was about to fly the British flag from the top of the office building of the White Pass and Yukon Railway, the most conspicuous place in the city. The pretense of the border Canadians hereabout that Great Britain is soon to take possession of Skagway as a British port, which is the most important shipping port in Alaska and within the line of military defense of the Territory, being a subject on which the people in this community have intense feelings, the story circulated naturally produced considerable excitement.
On the morning when a red banner was seen waving from the flagstaff of the railroad building, many persons supposed that it was the “Union Jack” of England, as it had a red field and the cross of St. George as ensign, the revenue designation being an obscure yellow spot in the lower right-hand corner, of which no one knew the meaning and few observed. Shortly after it was hoisted a mining man named George K. Miller, from the Porcupine district, near the temporary boundary, was passing the building, and when he espied the flag he cut the rope and hauled it down and threw it into the railroad office. Mr. Busby immediately wrote a letter to Captain Jinks, the commandant of the military post here, complaining of the outrage, and asked for assistance in protecting his colors. At the instance of Mr. Busby the general manager of the White Pass and Yukon route to Dawson, Mr. E. C. Hawkins, filed a complaint against Miller, who was arrested and brought back to Skagway and held on a charge of willful and malicious destruction of private property. When the case was called in the United States commissioner’s court on July 17 the complaint was dismissed on motion of the plaintiff’s attorney, who paid the costs. It is understood here, and there is little doubt, that the action against Miller was dismissed by instructions from Ottawa.
Mr. Busby’s authority for putting up the flag is a letter from his superior officer at Ottawa, shown to Deputy Collector C. L. Andrews, to fly it during office hours.
The published dispatch stated that Transit Officer Busby had been instructed by his government not to “insist on the display of the British flag contrary to popular feelings.” Deputy Collector Andrews advised Mr. Busby not to display his flag, but otherwise the customs officials of the port were not privy to nor in any way connected with its removal.
It appears from this report that criminal proceedings for the malicious destruction of property were instituted against the offender, but that they were dismissed at the instance and cost of the prosecutor, and, according to general understanding at Skagway, in view of instructions from Ottawa.
The Department has no hesitation in expressing the regret felt by the Government of the United States at the offense committed against the flag of a friendly power.
With a view to prevent the recurrence of such untoward incidents, it is suggested that it might be found advisable to mutually discontinue the practice of customs officers flying their customs flags within the jurisdiction of the other party.
I have, etc.,
Acting Secretary.