382 ALASKA INDUSTRIES. 



does not consider that it will be justified in proceeding with an appeal 

 unless this Government is prepared to bear the costs of the same and 

 to satisfy any damages which the court of appeals may award. 



Under these circumstances, I am of the opinion that our request for 

 an appeal should not be pressed. My object in asking that this appeal 

 be taken was because of the action of the court in referring the case 

 to arbitrators to assess the damages to which the sealing schooner was 

 entitled on account of the seizure thereof. I assume that the United 

 States Government will in no event be liable for the amount found due 

 by such a tribunal, it not having been a party to the case. 



On this assumption I base my opinion that it would be unwise to 

 press for an appeal, thereby becoming a party to the case. 

 Eespectfully yours, 



C. S. HAMLIN, Acting Secretary. 



The SECRETARY OF STATE. 



