Earle v. United States

No. 200
Decided Circuit Court of Appeals, Ninth Circuit
Disposition
reversed
full scope · 2-1
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Court
District Court of the United States for the District of Alaska
Decided
Judge
GILBERT, Circuit Judge
Posture
Decree of forfeiture entered by district court
Claimants of the steamer Coquitlams (2)
Thomas Earle and the Union Steamship Company
E. C. Hughes, J. Hamilton Lewis
v.
Plaintiff (1)
United States
Charles A. Garter
Other parties: Union Steamship Company, Limited, of Vancouver, British Columbia — Owner and claimant of the Coquitlam, Owners of the cargo — Claimants of the cargo

Overview

The decree of the district court is reversed, and the libel is dismissed.

Case summary

The case involves the seizure of the steamship Coquitlam by U.S. authorities in Alaska in 1892 for alleged violations of revenue laws. The Coquitlam, a British vessel, had cleared from Victoria to supply sealing schooners and retrieve fur seal skins. After rendezvousing with schooners in U.S. waters, transfers of skins occurred, with dispute over whether within four leagues of the coast. The U.S. filed for forfeiture of vessel and cargo under multiple counts alleging violations of statutes regarding unlading cargo, reporting requirements, and manifest omissions. The district court ordered forfeiture. On appeal, the Circuit Court of Appeals reversed, holding that the schooners were not 'bound to the United States' under §§ 2867-2868, the Coquitlam did not proceed inland to unlade under § 3109, and the manifest forfeiture statute § 2809 did not apply as cargo was not consigned to crew. The court also addressed standards for reviewing factual findings in admiralty appeals.

Abstract

U.S. authorities seized a British steamship for alleged violations of revenue laws after it supplied sealing schooners and transferred fur seal skins in U.S. waters, leading to a district court order of forfeiture of the vessel and cargo. On appeal, the Circuit Court of Appeals reversed, finding the schooners were not bound to the United States, the vessel did not unlade cargo inland, and manifest forfeiture did not apply as cargo was not consigned to crew. The decree was reversed, and the libel dismissed.

Opinion of the court

Majority
opinion
GILBERT, Circuit Judgejoined by KNOWLES, District Judge
  • Revenue statutes §§ 2867-2868 require vessel be 'bound to the United States'; schooners were not bound to U.S. as they were on sealing voyages
  • Statute § 3109 requires proceeding further inland to unlade or take cargo; Coquitlam did not do so
  • Forfeiture under § 2809 only for merchandise consigned to master/officers; no such allegation
  • Factual findings of district court on transfer location not clearly erroneous

Concurring opinions

1
Concurring McKENNA, Circuit Judge

Jurisdiction

challenged
Subject matter
Admiralty and revenue law violations
Jurisdictional holding
Supreme Court decided in favor of jurisdiction to entertain the appeal
Jurisdictional facts
  • Appeal from district court of Alaska
  • Supreme Court certified jurisdiction question and decided in favor of jurisdiction

Procedural posture

Posture at trial
Decree of forfeiture entered by district court
Posture on appeal
Direct appeal from forfeiture decree
Preserved issues
  • Interpretation of revenue statutes §§ 2867, 2868, 3109, 2806-2809
  • Factual findings on location of transfers

Subsequent history

Petition for rehearing
not filed

Legal categories

Business

Case record

Full case name
THE COQUITLAM. EARLE et al. v. UNITED STATES.
Docket number
No. 200
Court
Circuit Court of Appeals, Ninth Circuit
Trial court
District Court of the United States for the District of Alaska
Trial court judge
Not specified
Decided
Opinion author
GILBERT, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
McKENNA, Circuit JudgeGILBERT, Circuit JudgeKNOWLES, District Judge

Issues & holdings

4
Issues raised
4
reversed
4
Holdings
Standard of review

Clearly erroneous

Disposition rationale

Majority could not say there was error in finding; concurrence found evidence did not sustain finding

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Statutes require vessel be 'bound to the United States'; schooners were not bound to U.S. and cargo not destined for U.S.

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Statute requires proceeding further inland to unlade or take cargo; Coquitlam did not proceed further inland

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Forfeiture under § 2809 applies only to merchandise consigned to master, officers, or crew; no such allegation or proof

Preservation

Issue preserved for review

Holdings of the court

Violation of Rev. St. §§ 2867, 2868
No violation occurred because schooners were not 'bound to the United States' and cargo was not destined for U.S. discharge
Statute requires vessel be bound to U.S. and unlading before proper place of discharge; casual arrival without intent to discharge cargo does not trigger penalty
2-1 (majority with concurrence on other grounds)binding precedent
Violation of Rev. St. § 3109
No violation occurred because Coquitlam did not proceed further inland to unlade or take cargo after entering U.S. waters
Statute penalizes proceeding further inland without permit; mere entry without such intent is not prohibited
unanimousbinding precedent
Violation of Rev. St. §§ 2806-2809
No forfeiture warranted because statute only applies to merchandise consigned to master, officers, or crew, and no such allegation was made
Libel failed to allege essential averment; answer denied consignment to crew
unanimousbinding precedent
Factual finding on transfer location
District court finding that transfers occurred within U.S. waters not clearly erroneous (majority); concurrence dissented on this point
Evidence conflicting; appellate court defers to trial court findings unless clearly against weight
2-1binding precedent

Error analysis

  • District court erred in finding transfers occurred within U.S. waters — evidentiary · no error foundEven if error, statutory interpretations independently support reversal · not applicable
  • District court misapplied revenue statutes to find violations — procedural · error foundErrors in statutory interpretation require reversal · not harmless

Statutory interpretation

3
Statute
Rev. St. §§ 2867, 2868
Question
Meaning of 'bound to the United States' and 'arrival'
Court's reading
Vessel must be bound to U.S. for voyage purposes and arrive with intent to discharge cargo; casual arrival without such intent does not trigger penalty
Canons applied
Fair and reasonable constructionOrdinary sense and commercial usage
Statute
Rev. St. § 3109
Question
Requirements for reporting and obtaining permit
Court's reading
Applies only if vessel proceeds further inland to unlade or take cargo; mere entry without such action is not violation
Canons applied
Context and purpose of legislation
Statute
Rev. St. §§ 2806-2809
Question
Scope of forfeiture for omitted manifest
Court's reading
Forfeiture only applies to merchandise consigned to master, mate, officers, or crew
Canons applied
Strict construction of penal statutes

Burden of proof

Prosecution burden
Beyond a reasonable doubt for forfeiture penalties
Burden met
false

Standards of review

  • Factual findings on location of transfers — clearly erroneous Act Feb. 16, 1875, does not apply to circuit courts of appeal; burden on appellant to show findings erroneous
  • Interpretation of revenue statutes — de novo Statutory interpretation is a question of law reviewed de novo

Timeline

7
Events
1,721
Days, incident to ruling
—
Span
factual eventcited in opinion

Sealing schooners cleared from Victoria, British Columbia, on sealing voyages to North Pacific Ocean

Vessels not originally bound to U.S., engaged in sealing

Sealing schooners (Brenda, Umbrina, etc.) Victoria, British Columbia
factual eventcited in opinion

Steamer Coquitlam cleared from Victoria to supply schooners and retrieve fur seal skins

Coquitlam's voyage purpose was to support sealing operations, not to enter U.S. for trade

Coquitlam · Pacific Sealers' Association Victoria, British Columbia
factual eventcited in opinion

Coquitlam arrived at Marmot Island and steered for rendezvous at Tonki Bay, Afognak Island

Entry into U.S. waters for rendezvous, not for discharging cargo

Coquitlam Afognak Island, Alaska
factual eventcited in opinion

Transfer of fur seal skins from schooners to Coquitlam occurred; dispute over whether within U.S. waters

Key event for alleged violation of revenue laws

Coquitlam · Sealing schooners Near Afognak Island, Alaska
factual eventcited in opinion

Coquitlam seized by U.S. revenue cutter Corwin at or near Port Etches, Alaska

Initiation of forfeiture proceedings

Coquitlam · U.S. revenue cutter Corwin Port Etches, Alaska
filingcited in opinion

U.S. district attorney filed information in district court for forfeiture of vessel and cargo

Start of legal proceedings

U.S. district attorney District court of Alaska trial court
appeal eventcited in opinion

Circuit Court of Appeals issued decision reversing district court decree and dismissing libel

Outcome: Reversed and dismissed

Final appellate decision on merits

Circuit Court of Appeals judges Ninth Circuit appellate court

Facts & evidence

Incident

Date
June 19-22, 1892
Location
Near Port Etches, Alaska, and Afognak Island waters

Key facts

6 facts
  1. Steamship Coquitlam seized by U.S. revenue cutter Corwin on June 22, 1892, with cargo of fur seal skins
  2. Coquitlam cleared from Victoria, British Columbia, on June 8, 1892, to supply sealing schooners and retrieve skins
  3. Sealing schooners (Brenda, Umbrina, etc.) cleared from Victoria in March 1892 for sealing voyages
  4. Schooners rendezvoused with Coquitlam at Tonki Bay or Port Etches to transfer skins and receive supplies
  5. Vessels attempted to transfer cargo beyond U.S. jurisdiction, believed to be two leagues from shore
  6. District court found transfers occurred about seven miles from shore within U.S. waters

Disputed questions

  • Whether transfers occurred within U.S. waters (four leagues of coast)

Procedural history

5 steps
  1. July 5, 1892: U.S. district attorney filed information for forfeiture of vessel and cargo
  2. District court entered decree of forfeiture
  3. Appeal to Circuit Court of Appeals, Ninth Circuit
  4. Supreme Court certified jurisdiction question and affirmed jurisdiction
  5. Circuit Court of Appeals heard merits on appeal

Evidence in the record

Direct
  • Log book entry of Coquitlam on June 18, 1892
  • Testimony of masters of schooners
Testimonial
  • Testimony from masters regarding distance from shore during transfers
Documentary
  • Clearance papers, licenses, manifests of vessels
  • Libel of information with counts
Circumstantial
  • Purpose of voyage to supply schooners
  • Intent to transfer beyond U.S. jurisdiction
Challenged
  • Evidence type: Testimony on location of transfers · Challenge basis: Conflicting evidence on whether within four leagues of coast · Trial court ruling: admitted · Reasoning: District court found transfers at about seven miles from shore · Challenged on appeal: true · Appellate outcome: affirmed

Objects of relevance

Fur seal skins (cargo transferred)Steamship Coquitlam (vessel seized)

Policy considerations

  • Revenue laws should be construed fairly and reasonably, not strictly
  • Danger of frauds on revenue does not justify extending statute beyond its clear meaning

Authorities

Cited authorities (3)

Harrison v. Vose, 9 How. 372
followedquotedprecedent
Interpretation of 'arrival' in revenue statutes
at 9 How. 372 Meaning of 'arrival' as applied to a vessel
U. S. v. Shackford, 5 Mason, 445, Fed. Cas. No. 16,262
followedquotedprecedent
Interpretation of 'arrival' in statutory context
at 5 Mason, 445 Story, J., on term 'arrival'
The Havilah, 1 C. C. A. 77, 48 Fed. 684
followedprecedent
Standard of review in admiralty appeals
at 1 C. C. A. 77 Act Feb. 16, 1875, does not apply to circuit courts of appeal

Related cases (3)

The Havilah, 1 C. C. A. 77, 48 Fed. 684
prior appeal
Followed on standard of review in admiralty
Harrison v. Vose, 9 How. 372
precedent
Cited for interpretation of 'arrival' in revenue context
U. S. v. Shackford, 5 Mason, 445, Fed. Cas. No. 16,262
precedent
Cited for interpretation of 'arrival'

Statutes

  • Rev. St. §§ 2867, 2868, 3109, 2806, 2807, 2809

Standards & doctrines

  • Standard of review for factual findings in admiralty appeals
  • Interpretation of 'arrival' in revenue context

Legal principles applied

  • Revenue laws to be construed fairly and reasonably, not strictly penal
  • Appellate deference to trial court factual findings unless clearly erroneous

Notable quotes

“It is well settled that the act of February 16, 1875, relieving the supreme court of the necessity of deciding questions of fact in admiralty causes, does not apply to the United States circuit court of appeals.”
majority — Discussion of standard of review for factual findings in admiralty appeals
Establishes appellate court's role in reviewing facts in admiralty cases
“The words 'and bound to the United States' must be given their reasonable meaning. If it had been intended in the statute to prescribe a penalty for the unlading of the cargo of a foreign vessel merely upon her arrival within the waters of the United States, irrespective of the purpose for which she entered those waters, it is evident that the words 'and bound to the United States' would have no place in the statute.”
majority — Interpretation of Rev. St. §§ 2867-2868
Key reasoning for holding no violation due to lack of intent to discharge cargo in U.S.
Index terms66
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Judges
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Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
reversed
Target
district court decree of forfeiture
Appealed from
District Court of the United States for the District of Alaska
Context
Circuit Court of Appeals reversed the decree and dismissed the libel based on statutory interpretation errors
Scope
full
Further instructions
Libel dismissed
Disposition vote
2-1
Action type
dismissed
Target
libel of information
Appealed from
District Court of the United States for the District of Alaska
Context
After reversal, the libel was dismissed as no violations of revenue statutes were found
Scope
full
Disposition vote
2-1
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