2. NAVIGATION OF THE YUKON IN BRITISH TERRITORY BY AMERICAN VESSELS. [Department Circular No. 26, Bureau of Navigation.]

TREASURY DEPARTMENT, Washington, D. C., February 5, 1898.

To Collectors of Customs and Others:

This Department is advised by the Canadian authorities that small American river steamers may be carried in sections from Dyea or the Stikine River to the head waters of the Yukon River, to be assembled there free of Canadian customs duty, and may carry cargo and passengers from customs stations at those head waters to Circle City and other places in Alaska. Such steamers can not engage in the coasting trade from one place to another in Canadian territory. The stations to be occupied by Canadian customs officers at the head waters of the Yukon are not yet fully determined, and their establishment will to some extent be contingent on the business to be done. Parties sending such steamers across to the Yukon can, however, be advised more definitely on applying to the customs department of Canada at Ottawa and giving specific information as to the points of departure, etc., on the head waters of the river.

In navigating the Yukon River in Canada the usual Canadian customs regulations are to be observed. These permit only vessels of British registry to carry passengers and cargo from one place in Canada and land the same at another place in Canada. If the river steamers transported into the Yukon have American registers they may clear with passengers and cargo from a customs station on the Yukon in Canada for ports in Alaska and vice versa. In cases of emergency, pending the receipt of registry, a clearance may, however, be granted to any of these steamers without certificate of registry on board for the first voyage down the Yukon to Alaska, but not for a subsequent voyage.

The Canadian coasting regulations referred to are published below.

O. L. SPAULDING,
Assistant Secretary.

CANADIAN COASTING REGULATIONS.

SECTION 1. Foreign vessels may transport cargo and passengers from a foreign port and land the same at two or more Canadian ports, clearing from each in succession, until all of said cargo and passengers are landed.

SEC. 2. Foreign vessels may take cargo and passengers from two or more Canadian ports and transport the same to a foreign port, clearing from each in succession, but taking final clearance for such foreign port at the last Canadian port which they enter on such voyage.

SEC. 3. Foreign vessels shall not take freight or passengers at one Canadian port and land the same at another Canadian port, and the master or owner of any vessel found to have violated this rule shall be subject to a penalty of $400 for each such offense, and the vessel may be detained until the same is paid.

SEC. 4. Foreign vessels bringing cargo or passengers from a foreign port may, after landing the same, be permitted to clear light to another Canadian port for the purpose of loading cargo for a foreign port, and may clear from port to port to complete such cargo, taking final clearance as above.

SEC. 5. Foreign vessels may tow other vessels or things from a foreign port to a Canadian port, but if they drop or part from any such vessel or thing in Canadian waters, they shall not again take such vessel or thing in tow for the purpose of moving the same further in Canadian waters.

SEC. 6. Foreign vessels may tow other vessels or things from a Canadian port to a foreign port, but having parted from such vessels or things, or any of them, in Canadian waters, they can not again take such vessels or things in tow to move them further in Canadian waters; but this and the preceding rule are not to apply to an accidental parting of such vessel by breaking hawser or other temporary damages.

SEC. 7. Foreign vessels shall be entitled to the foregoing privileges only on condition of strict compliance with the provisions of "The customs act," respecting reporting inwards and outwards on entering and leaving Canadian ports by the masters of such vessels.

SEC. 8. Where vessels bring cargo or passengers from a foreign port consigned to more than one Canadian port, the masters of such vessels must make a full report of the whole contents at the first port of entry, and distinguish therein the items to be there landed and the ports at which all other items are to be landed. Such report must be made in duplicate, with an additional copy for each succeeding port at which there are goods to be landed; and the collector or proper officer

of customs shall mark each item in such report with the entry number, if entered, and in case of any item landed and placed in sufferance warehouse without entry, it shall be marked with the letter "L" in the said report; duplicate copies to be filed at said first port of entry, and the others to be carried with the vessel, and one to be filed at each succeeding port of entry.

SEC. 9. As required by section 112 of "The customs act," the fee to be exacted from all vessels navigating inland waters, when entering or clearing at any port above Montreal shall be fifty cents for each report inwards or clearance outwards, irrespective of the tonnage of the vessel, and that such fees shall be exacted from all vessels so entering or clearing, except vessels holding coasting licenses, and that all orders or regulations inconsistent herewith shall be rescinded. (O.C., 22d May, 1889-Memo. 295 B.)

SEC. 10. For any violations of the requirements of these rules the master or owner of any such vessel shall be subject to a fine of $400, or such other fine or penalty provided by the said act as may be applicable to the case, and the vessel may be detained until such fine or penalty is paid.

3. NAVIGATION OF THE STIKINE RIVER AND ITS CONNECTING RIVERS AND

LAKES.

[Department Circular No. 76, Bureau of Navigation.]

TREASURY DEPARTMENT, OFFICE OF THE SECRETARY,

To Collectors of Customs and Others:

Washington, D. C., May 9, 1898.

The attention of collectors of customs and others is directed to the following regulations concerning the Stikine River and its connecting rivers and lakes:

A.-Transfer of cargoes and passengers at Wrangell.

1. (a) The transfer of cargo or passengers from a vessel from any port in the United States (except another port or place in Alaska) or from any foreign port to a vessel destined by way of the mouth of the Stikine River to any port or place on the Stikine River, or its connecting rivers and lakes, and (b) the transfer of cargo or passengers from a vessel destined by way of the mouth of the Stikine River from any port or place on the Stikine River, or its connecting rivers and lakes, to any American port or place (except to another port or place in Alaska), or any foreign port, shall be permitted only at the port of Wrangell under the supervision of officers of the customs.

2. Officers of the customs at Wrangell, when they deem it necessary, shall board any vessel bound to the United States within four leagues of the coast of the United States for the purpose of demanding its manifest and enforcing the laws and regulations of the United States.

3. Vessels entitled by law to engage in the coasting trade of the United States may proceed from one port or place in Alaska to another port or place in Alaska in the manner prescribed by law for the entry and clearance of vessels within the same customs district.

B.-Entry and clearance at Wrangell.

AMERICAN VESSELS.

1. Any vessel entitled by law to engage in the coasting trade of the United States, in ballast, or with passengers, or cargo, or both, that are destined from a port or place in the United States (elsewhere than in Alaska) or from a foreign port for any port or place on the Stikine River, or its connecting rivers and lakes, shall enter at Wrangell in the manner prescribed by law.

Such vessel may then (a) proceed to her place of destination; or (b) transfer her cargo and passengers, if destined for a port or place in Alaska, to another American vessel, which may proceed according to laws governing the entry and clearance of vessels in the same customs district; or (c) transfer her cargo and passengers, if destined to a port or place in British Columbia or the Northwest Territory, to an American or British vessel, which shall clear from Wrangell in the manner provided by law.

FOREIGN VESSELS.

2. Any foreign vessel, in ballast, or with passengers or cargo, or both, that are destined from a foreign port or place to a port or place on the Stikine River, or its connecting rivers and lakes, shall enter at Wrangell in the manner prescribed by law.

A British vessel may then (a) proceed to her place of destination; or (b) transfer cargo and passengers, if destined to a port or place in Alaska, to an American vessel, which may proceed according to the law governing the entry and clearance of vessels in the same customs district; or (c) transfer her cargo or passengers, if destined to a port or place in British Columbia or the Northwest Territory, to an American or British vessel, which shall clear from Wrangell in the manner prescribed by law.

3. Article XXVI of the treaty of 1871 between the United States and Great Britain, so far as practicable to the Yukon, Porcupine, and Stikine rivers, provides— “The navigation of the rivers Yukon, Porcupine, and Stikine, ascending and descending, from, to, and into the sea, shall forever remain free and open for the purposes of commerce to the subjects of Her Britannic Majesty and to the citizens of the United States, subject to any laws and regulations of either country within its own territory. not inconsistent with such privilege of free navigation." This article creates a reserved privilege for a reciprocal equivalent, and the general favored-nation clause of treaties, which covers only gratuitous favors, does not, therefore. apply. The navigation privileges reserved by Article XXVI of the treaty to American citizens and British subjects are not extended to the citizens and vessels of other nations.

C.—Arrival of vessels at Wrangell from points or places in British Columbia or the Northwest Territory.

1. A vessel descending the Stikine River from ports or places in British Columbia or the Northwest Territory in ballast, or with cargo or passengers, or both, shall come to at Wrangell, or such port near the boundary between Alaska and British Columbia or the Northwest Territory as may hereafter be designated. and shall there report in compliance with provisions of section 2772 of the Revised Statutes.

AMERICAN VESSELS.

2. A vessel, entitled by law to engage in the coasting trade of the United States, may then (a) proceed on ter voyage in compliance with the laws governing the coasting trade of the United States; or (b) enter at Wrangell and there transfer her cargo and passengers, if destined to a port or place in the United States, to an American vessel, as transfers are provided for in Section A of these regulations; or (c) enter at Wrangell and there transfer her cargo and passengers, if destined to a foreign port or place, to an American or foreign vessel.

BRITISH VESSELS.

3. A British vessel may then enter at Wrangell and there trans er her cargo and passengers, as such transfers are provided for in Section A of these regulations; (a) if destined to an American port, to an American vessel; or (b) if destined to a foreign port, to an American or foreign vessel.

D.-Supervision of vessels ascending and descending the Stikine River.

The collector of customs of Alaska, under the direction of the Secretary of the Treasury, shall from time to time station deputy collectors and inspectors of customs at such places on the Stikine River as he may deem necessary for the enforcement of the laws of the United States. Such officers shall be compensated at rates to be fixed by the Secretary of the Treasury.

E.—Privileges.

British vessels plying on the Stikine River may touch at places in Alaska for the purchase of fuel or supplies, or in distress, under the supervision of an officer of the customs.

Said officer of the customs may, in his discretion, issue permits for the tem

porary landing of passengers, but if any passenger fails to return to a vessel before her departure the vessel shall become liable to the penalty prescribed by law. No merchandise shall be landed at such places under penalty of forfeiture provided by section 4347, Revised Statutes, as amended by the act of February 15, 1893.

No intoxicating liquors shall be sold or used on such vessel at such places under the penalties prescribed by section 1955, Revised Statutes, and section 14 of chapter 53 of the laws of 1884.

L. J. GAGE, Secretary.

4. NAVIGATION OF THE YUKON AND PORCUPINE RIVERS BETWEEN DAWSON AND RAMPART.

[Department Circular No. 98, Bureau of Navigation.]

TREASURY DEPARTMENT, OFFICE OF THE SECRETARY,

To Collectors of Customs and Others:

Washington, D. C., June 6, 1898.

The attention of collectors of customs and others is directed to the following regulations concerning the navigation of the Yukon and Porcupine rivers between Dawson and Rampart:

(1) A vessel from Dawson or Rampart and destined by way of the Yukon and Porcupine rivers through Alaska for another place in the Northwest Territory shall report at the subport nearest the point at which such vessel shall enter the waters of the United States, there pay tonnage dues and other legal charges, and enter as prescribed by section 3109 of the Revised Statutes, as amended by the act approved February 17, 1898.

(2) The deputy collector of customs at such subport shall then issue a special permit for such vessel to proceed in compliance with the provisions of the act of February 17, 1898, to the subport nearest to the point at which it is about to depart from the waters of the United States.

(3) Such vessel shall come to and report at the subport nearest the point at which it is about to depart from the waters of the United States, and upon satisfying the deputy collector of customs that it has complied with the laws and regulations may clear to its destination.

(4) These regulations shall not be construc 1 to deprive an American vessel of any of the privileges of the coasting trade to which it is entitled by law, and shall be deemed supp.ementary to Department circulars No. 23, Division of Customs, and No. 24, Bureau of Navigation, dated February 2, 1898.

(5) Until other subports have been established on the Porcupine River and on the upper Yukon, the report subsequent to entry into the waters of the United States, and prior to departure therefrom, prescribed above, may both be made at Circle City. Such subports will be established, however, as soon as practicable.

ACT OF FEBRUARY 17, 1898.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no merchandise shall be transported by water under penalty of forfeiture thereof from one port of the United States to another port of the United States, either directly or via a foreign poit, or for any part of the voyage, in any other vessel than a vessel of the United States. But this section shall not be construed to prohibit_the sailing of any foreign vessel from one to another port of the United States: Provided, That no merchandise other than that imported in such vessel from some foreign port which shall not have been unladen shall be carried from one port or place in the United States to another.

SEC. 2. That section eight of "An act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, owners of vessels, and for other purposes," approved June nineteenth, eighteen hundred and eighty-six, is hereby amended to read:

"SEC. 8. No foreign vessel shall transport passengers between ports or places in the United States, either directly or by way of a foreign port, under a penalty of two hundred dollars for each passenger so transported and landed."

SEC. 3. Whenever merchandise is imported into the United States by sea for immediate exportation to a foreign post by sea, or by a river, the right to ascend or descend which for the purposes of commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power, the Secretary of the Treasury is hereby authorized to prescribe regulations for the transshipment and transportation of such merchandise.

NAV 98-17

SEC. 4. That section thirty-one hundred and nine of the Revised Statutes is hereby amended to read:

"SEC. 3109. The master of any foreign vessel laden or in ballast, arriving, whether by sea or otherwise, in the waters of the United States from any foreign territory adjacent to the northern, northeastern, or northwestern frontiers of the United States, shall report at the office of any collector or deputy collector of the customs, which shall be nearest to the point at which such vessel may enter such waters; and such vessel shall not transfer her cargo or passengers to another vessel or proceed farther inland, either to unlade or take in cargo, without a special permit from such collector or deputy collector, issued under and in accordance with such general or special regulations as the Secretary of the Treasury may, in his discretion, from time to time prescribe. This section shall also apply to trade with or through Alaska. For any violation of this section such vessel shall be seized and forfeited."

SEC. 5. This act shall take effect one month after its passage.

O. L. SPAULDING, Assistant Secretary.

APPENDIX M.

LEGAL DECISIONS.

Following are the legal decisions referred to in the text of this report:

1. Decision of the United States circuit court of appeals (California) in the case of the J. D. Peters concerning allotment of wages.

2. Opinion of the Attorney-General concerning the discharge and relief of

seamen.

3. Opinion of the Attorney-General concerning our commercial and maritime relations with Hawaii.

1. ALLOTMENTS OF WAGES.

United States circuit court of appeals, ninth circuit. William Grossett, libelant and appellant, v. H. C. Townsend, claimant and appelle. Filed February 14, 1898.

GILBERT, Circuit Judge:

On May 24, 1896, the libelant shipped as a seaman on the American bark J. D. Peters, at Port Townsend, in the State of Washington, for a voyage to Alaskan ports and to return to San Francisco. He signed the shipping articles before a United States shipping commissioner. The voyage was estimated to consume four months. It began May 24, 1896, and ended September 20, 1896. At the time of signing the articles, it was represented to the master of the vessel, and to the shipping commissioner, that the libelant was indebted, in the sum of $25, to one Max Levy, for board and clothing at Port Townsend. To secure the payment of that debt the libelant made an allotment from his wages to be earned of $10 per month for the first two months of the voyage and $5 for the third month, and signed an allotment note of $25 therefor. The note was paid by the agents of the vessel at Port Townsend. On the completion of the voyage it was claimed that the allotment note was invalid and that the $25 was unlawfully deducted from the libelant's wages by the master of the vessel. This suit was brought to determine the question of the legality of the allotment, and the principal question presented on the appeal is, whether a seaman engaged in a coastwise voyage may make an allotment to the extent of $10 per month of his wages to be earned on the voyage.

In order to understand the scope and purpose of the more recent legislation upon this subject it is necessary to refer to the earlier statutes. The act of Congress of June 7, 1872 (17 Stats., 266), entitled "An act to authorize the appointment of shipping commissioners, by the several circuit courts of the United States, to superintend the shipping and discharge of seamen engaged in merchant ships belonging to the United States, and for the further protection of seamen," provides, in section 12, "That the master of every ship bound from a port in the United States to any foreign port, or of any ship of the burden of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement in writing, or in print, with every seaman whom he carries to sea as one of the crew, in the manner hereinafter mentioned." Then follows an enumeration of the items which