Legal Opinion

The Tokai Maru

Court of Appeals for the Ninth Circuit

Decided September 5, 1911No. 1,969PublishedCited by 1 opinion

1Opinion of the CourtHanford, District Judge

(after stating the facts as above).

*645One of the chief contentions of the appellant is that the District Court could not rightfully subject the property seized to liability for the fines imposed upon the captain and crew, because the justice of the peace had no jurisdiction of the alleged offense. We hold, however, that the prosecution and conviction of the captain and members of the crew is not an essential prerequisite to the enforcement of the government’s right against the offending vessel (The C. G. White, 64 F. 579, 12 C.C.A. 314), and we consider the present suit to be an original cause…

2Cases cited5 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. The Chinese Exclusion CaseSupreme Court of the United States · 1889
  3. In re ParrottUnited States Circuit Court · 1880
  4. In re Ah ChongU.S. Circuit Court for the District of California · 1880
  5. The C. G. White v. United StatesCourt of Appeals for the Ninth Circuit · 1894

3Cited by1 opinion

  1. Starklof v. United StatesCourt of Appeals for the Ninth Circuit · 1936

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