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Thrace, Treaty between the Allied Powers and Greece relative to, signed at Sevres, Aug. 10, 1920. (Treaty series, 1921, No. 13.) 2d.
Trading with the Enemy Order, 1921. Custodian direction. (S. R. & 0., 1921, 1405.) 2d.
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. Egypt Order in Council, Aug. 10, 1921. (S. R. & 0., 1921,
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Cables, submarine. Executive order directing that Secretary of State shall receive all applications for licenses to land or operate. July 9, 1921. 1 p. (No. 3513.) State Dept.
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Colorado River. Act to permit compact or agreement between Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, respecting the distribution and apportionment of waters of Colorado River. Approved Aug. 19, 1921. 1 p. (Public 56.) 5c.
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. Report to accompany H. R. 8762 to create commission authorized to refund or convert obligations of foreign governments owing to
2Where prices are given, the document in question may be obtained for the amount noted from the Superintendent of Documents, Government Printing Office, Washington, D. C.
United States. Oct. 20, 1921. 10 p. (H. rp. 421.) Ways and Means Committee.
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George A. Finch.
JUDICIAL DECISIONS INVOLVING QUESTIONS OF
AMERICAN AND BRITISH CLAIMS ARBITRATION TRIBUNAL1
[Arbitrators: M. Henri Fromageot, Sir Charles Fitzpatrick,
In The Matter Of The Argonaut And Colonel Jonas H. French
Claims Nos. 14 And 15
Decision rendered December 2, 1921
The Government of the United States claims from the Government of His Britannic Majesty, on account of the wrongful seizure and confiscation of some boats and seines of the American vessels Argonaut and Colonel Jonas H. French, and the consequent loss to the owners of such vessels by reason of such seizures and the threatened seizure of the vessels, the sum of $46,655.75 with interest, being $24,600 on account of the Argonaut, and $22,055.75 on account of the Colonel Jonas H. French.
On the 24th of July, 1887, the Argonaut and Colonel Jonas H. French, two American schooners, duly registered and licensed at Gloucester, Massachusetts, United States, were fishing for mackerel southward of East Point, Prince Edward Island, Dominion of Canada, in the vicinity of the Canadian Government Cutter Critic and some other American fishing vessels.
In the afternoon of that day, the Argonaut being off West River, discovered a school of mackerel and sent one of her boats with a seine to catch them.
It is shown by the affidavits sworn on August 5 and 12, 1887 by the owner, the master and men of the Argonaut (United States Memorial, Exhibits 7, 8, 9) that the seine was set and enclosed the mackerel at a distance of about four miles from shore (United States Memorial, Exhibit 7), and also that there was at that time an ebb tide running eastward at the rate of about three miles an hour (ibid.).
It appears that the seine being fouled, about one hour elapsed before it was pursed up and the fish secured (United States Memorial, Exhibit 8), and during that time the aforesaid ebb tide set the boat and seine towards the shore quite rapidly (United States Memorial, Exhibit 7). In order to
1Previous decisions of the Tribunal are printed in this Journal, Vol. 13, pp. 875,890; Vol. 14, pp. 650-66; Vol. 15, pp. 292-304.
avoid difficulties with the Canadian Cutter, the seine was taken up into the boat and the fish turned out alive.
At that time the Canadian Cutter was about a mile away from the boat. The master of the Argonaut went to the Critic and asked if they considered the seine and boat within three miles of the shore, informing the captain that the tide had swept them from a position fully a mile outside. The captain of the Critic replied that the boat and seine were only two miles off shore. Notwithstanding the explanation of the master of the Argonaut that if the seine was inside the limit it was entirely without design on his part but the result of the tide taking it in, the seine and boat were seized and twelve men arrested.
About the same time and place, the schooner Colonel Jonas H. French was lying about three and a half miles off shore when she saw mackerel outside of her about a mile (United States Memorial, Exhibit 14). Two boats went with their seines, which were set around the fish, and one of the boats with two men in it were left in charge of the seine with the mackerel enclosed. These men soon found that they were drifting rapidly with the tide along the shore and also toward the shore, and they had no anchor or other means of preventing the boat and seine from going with the tide (United States Memorial, Exhibit 15). Finding that they must inevitably drift inside the three-mile limit, they endeavored to take in the seine, and, while doing so, were arrested by the Cutter Critic. About three-quarters of an hour had elapsed from the time the boat was left as aforesaid until the seizure (United States Memorial, Exhibit 15).
On July 29, 1887, two brief printed circulars were addressed by the captain of the Critic to the United States Consul General at Halifax, Nova Scotia, stating the fact of the seizures "for violation of the statutes in. force in Canada, relating to foreign fishing vessels" (United States Memorial, Exhibit 2).
Immediately after the seizure of their boats and seines and the arrest of their men, the masters of the Argonaut and the Colonel Jonas H. French abandoned their fishing trip and returned to their home port in the United States. While returning they heard that it was the intention of the Canadian authorities to seize the schooners themselves wherever they could be found outside the territorial waters of the United States (United States Memorial, Exhibits 3, 4, 10).
On September 19, 1887, proceedings were begun in the Vice-Admiralty Court of Prince Edward Island for the forfeiture of the boats and seines, and on March 6, 1888, two decisions ex parte were rendered condemning the same to be forfeited for having been found to be fishing and to have been fishing and preparing to fish in the Canadian waters within three miles of the shore. (Bi-itish Answer, Annexes 57, 58.)
It is shown by the documents that the owners, although opportunity was given to them to make the necessary application to the Vice-Admiralty