The Coquitlam v. United States

• Decision Date: 18 May 1896
• Docket Number: No. 804,804
• Citation: 16 S.Ct. 1117,163 U.S. 346,41 L.Ed. 184
• Parties: THE COQUITLAM et al. v. UNITED STATES
• Court: U.S. Supreme Court

163 U.S. 346

16 S.Ct. 1117

41 L.Ed. 184

THE COQUITLAM et al.

v UNITED STATES.

No. 804.

May 18, 1896.

E. C. Hughes, H. G. Struve, J. B. Allen, Maurice McMicken, Calderon Carlisle, and Jas. Hamilton Lewis, for appellants.

Sol. Gen. Conrad, for the United States.

Mr. Justice HARLAN delivered the opinion of the court.

This is a suit in admiralty brought by the United States in the district court of Alaska, for the forfeiture of the steamer Coquitlam, because of an alleged violation of the revenue laws of the United States.

A decree having been rendered for the United States on the 18th day of December, 1893 (57 Fed. 706), an appeal was prosecuted to the circuit court of appeals for the Ninth circuit (16 C. C. A. 674, 70 Fed. 336).

By the sixth section of the act of March 3, 1891 (chapter 517), the circuit courts of appeals are given jurisdiction to review by appeal or writ of error the 'final decision in the district court and the existing circuit courts in all cases' other than those provided for in the fifth section of the act, 'unless otherwise provided by law.' And by the fifteenth section of the same act it is declared: 'That the circuit court of appeals in cases in which the judgment of the circuit courts of appeals are made final by this act shall have the same appellate jurisdiction, by writ of error or appeal, to review the judgments, orders and decrees of the supreme courts of the several territories as by this act they may have to review the judgments, orders and decrees of the district courts and circuit courts; and for that purpose the several territories shall, by orders of the supreme court to be made from time to time, be assigned to particular circuits.' 26 Stat. 826, 830. In execution of the duty imposed by that section, this court, by an order promulgated May 11, 1891, assigned the territory of Alaska to the Ninth judicial circuit.

The jurisdiction of the circuit court of appeals for the Ninth circuit to hear and determine this cause was disputed by the United States upon these grounds: (1) That the district court of Alaska is not a district court, within the meaning of the sixth section of the above act of 1891, and was not a district court belonging to that circuit; (2) that the district court of Alaska is not a supreme court of a territory, within the meaning of that act and the above order or rule of this court.

The cause is now before us upon a certificate from the circuit court of appeals as to its jurisdiction to entertain an appeal from the decree of the district court of Alaska.

By the act of July 27, 1868 (chapter 273), the laws of the United States relating to customs, commerce, and navigation were extended to and over all the mainland, islands, and waters of the territory ceded to the United States by the treaty with Russia of March 30, 1867, so far as the same were applicable thereto. 15 Stat. 240. The provisions of that act were reproduced in sections 1954 to 1976, inclusive, of the Revised Statutes, under the title of 'Provisions Relating to the Unorganized Territory of Alasks.' Section 1957 provides: 'Until otherwise provided by law, all violations of this chapter, and of the several laws hereby extended to the territory of Alaska and the waters thereof, committed within the limits of the same, shall be prosecuted in any district court of the United States in California or Oregon, or in the district courts of W shington; and the collector and deputy collectors appointed for Alaska territory, and any person authorized in writing by either of them, or by the secretary of the treasury, shall have power to arrest persons and seize vessels and merchandise liable to fines, penalties or forfeitures under this and the other laws extended over the territory, and to keep and deliver the same to the marshal of some one of such courts; and such courts shall have original jurisdiction, and may take cognizance of all cases arising under this act and the several laws hereby extended over the territory, and shall proceed therein in the same manner and with the like effect as if such cases had arisen within the district or territory where the proceedings are brought.'

By the first section of the act of May 17, 1884 (chapter 53), providing a civil government for Alaska, it was declared that the territory ceded to the United States by the treaty with Russia should constitute a civil and judicial district, to be organized and administered as provided in that act. The same act established 'a district court for said district, with the civil and criminal jurisdiction of district courts of the United States and the civil and criminal jurisdiction of district courts of the United States exercising the jurisdiction of circuit courts, and such other jurisdiction, not inconsistent with this act, as may be established by law; and a district judge shall be appointed for said district, who shall during his term of office reside therein and hold at least two terms of said court therein in each year,' etc. 23 Stat. 24.

The fifth section provided for the appointment by the president of four commissioners for the district of Alaska, who should have the jurisdiction and powers of commissioners of the United States circuit courts, and exercise all the duties and powers, civil and criminal, then conferred on justices of the peace under the general laws of Oregon, so far as such laws might be applicable in that district, and not inconsistent with the laws of the United States. They were also given jurisdiction, subject to the supervision of the district judge, of testamentary and probate matters, powers to grant writs of habeas corpus, and keep a record of deeds and other instruments of writing relating to the title or transfer of property.

The seventh section declared that the general laws of Oregon then in force should be the law in said district, so far as the same were applicable and not in conflict with the provisions of that act or the laws of the United States, and that the district court so established 'shall have exclusive jurisdiction in all cases in equity or those involving a question of title to land or mining rights or the constitutionality of a law, and in all criminal offenses which are capital.' From the judgment of a commissioner in civil or criminal cases of a particular kind, a right of appeal was given to the district court; further, that 'writs of error in criminal cases shall issue to the said district court from the United States circuit court for the district of Oregon in the cases provided in chapter one hundred and seventy-six of the Laws of eighteen hundred and seventy-nine; and the jurisdiction thereby conferred upon circuit courts is hereby given to the circuit court of Oregon. And the final judgments or decrees of said circuit and district court may be reviewed by the supreme court of the United States as in other cases.' 23 Stat. 24-26. By the act of 1879, referred to, the circuit courts for each judicial district were given jurisdiction 'of writs of error in all criminal cases tried before the district court where the sentence is...