The Tokai Maru
District Court, D. Alaska
This is a suit for the forfeiture of the Tokai Maru, a Japen.ese sailing schooner, her tackle, equipment, and cargo, for having been engaged in and used in unlawful fishing within three miles of the shore of Unalaska Island. Claimant has intervened, asserting his ownership of the respondent vessel, admitting that the respondent was a Japanese vessel; that her officers were men who were aliens, h> wit, Japanese.
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This is a suit for the forfeiture of the Tokai Maru, a Japen.ese sailing schooner, her tackle, equipment, and cargo, for having been engaged in and used in unlawful fishing within three miles of the shore of Unalaska Island. Claimant has intervened, asserting his ownership of the respondent vessel, admitting that the respondent was a Japanese vessel; that her officers were men who were aliens, h> wit, Japanese. Claimant denies that the officers or crew unlawfully-caught any fish, and denies that the vessel, her cargo or equipment, were employed by them for that purpose. The libel alleges, and…
1Opinion of the Court
CUSHMAN, District Judge.
The claimant contends that section 3 of the act of June 14, 1906, conferred exclusive jurisdiction on United States District Courts in providing:
“That the violation of any provision of this act or of any regulation made thereunder may be prosecuted in any United States District Court of Alaska, California, Oregon, or Washington.”
That therefore the commissioner ex officio justice of the peace at Unalaska had no jurisdiction to impose a fine upon the officers and crew of the schooner, and any fine which he attempted to impose would not be a lien upon the vessel, even…
2Cases cited2 opinions
- Ex parte KellyCalifornia Supreme Court · 1884
- In re Fil KiCalifornia Supreme Court · 1889
3Cited by2 opinions
- Starklof v. United StatesCourt of Appeals for the Ninth Circuit · 1936
- In Re Application of MurphyOregon Supreme Court · 1926