APPENDIX TO CASE OF GREAT BRITAIN. 623 
properly the North Pacific Ocean, is indisputable proof that such seas were not 
considered neutral waters by the Russian Government. 
Par. III. That the Congress of the United States exceeded its Constitutional 
power by the passage of Laws to control waters of seas upon hypothetical lines 
drawn from land’s end, off soundings, through open ocean, and ending on a parallel 
of latitude 70 marine leagues from land; that Laws to control the waters beyond 
the 1 marine league or 3 miles from the shore-line of each and every island, open 
reef of rocks, or mainland is abortive. 
Par. IV. That the enactment of Laws by the Legislative Power of the United 
States that destroys a legitimate occupation, one of the industries of the people, 
is a tyrannical exercise of such power vested in that body by such peoples, and is 
unconstitutional. 
Par. V. That the Honourable the District Judge, by the authority of the ‘Organic 
Act providing a Civil Government for Alaska,” passed and approved the 17th May, 
1884, being expressly clothed with the exclusive jurisdiction to pronounce upon the 
constitutionality of the Law by such Organie Act, is in error by sustaining the con- 
stitutionality of the law whereby the United States, as plaintiff, became entitled to 
a decree of forfeiture against these defendants, appellants, and their. property. 
(Signed) M. P. Berry, 
Proctor for W. 8. Morrisey, Agent for Owner. 
Endorsed: C.H. 25. No. 93. In the United States District Court, District of 
Alaska. United States ». schooner *‘Sylvia Handy.” Brief of proctor. Filed the 
23rd March, 1888. H. if, Haydon, Clerk. M. P. Berry, Proctor. 
In the United States District Court for the District of Alaska. 
United States v. Schooner “ Sylvia Handy,” and L. N. Handy, J. N. Handy, J. L. Carth- 
cut, and IW. Thomas. 
No. 93.—Order granting Appeal. 
Upon hearing and filing petition of M. P. Berry, proctor, intervening for and in 
behalf of the owners of the above-named vessel and cargo through and by author- 
ity of W.S. Morrisey, Esq., the duly authorized agent of the said owners, praying 
for an order allowing them to appeal this cause to the Supreme Court of the United 
States, and upon hearing and filing the affidavit of W.S. Morrisey, the duly author- 
ized agent for claimants in the above-entitled cause, and no objection being raised 
on the part of the United States, and sufficient security having been given by said 
claimants that they will prosecute said appeal to effect, and upon being fully advised 
in the premises, it is ordered that said petition be granted and said claimants allowed 
to appeal this cause. 
Done at Sitka, Alaska, this 23rd day of March, 1888. 
(Signed) La FAYETTE Dawson, District Judge. 
Endorsed: C. H. 26. No. 93. In the United States District Court, District of 
Alaska. United States v. schooner ‘‘Sylvia Handy.” Order granting appeal. Filed 
the 23rd March, 1888. H. E. Haydon, Clerk. 
Bis) In the United States Circuit Court in and for the District of Alaska. 
United States v. Schooner “Sylvia Handy.” 
No. 93.—Consent that Vessel be discharged on Stipulation. 
The schooner ‘Sylvia Handy,” her small boats, tackle, apparel, arms, ammunition, 
furniture, and cargo, consisting of 1,679 fur-seal skins, having been arrested on the 
process issued in this cause, we consent that on filing the usual stipulation entered 
into according to the Rules of the Court to appear, abide, and perform the decree in 
the sum of 12,673 dol. 25 ¢., and on filing a claim and on complying with the Rules of 
the Court as to the fees of the officers of Court the said schooner be discharged from 
custody and arrest. 3 
(Signed) Wut. M. Grant, Proctor for Libellant. 
Dated March 23, 1888. 
Endorsed: 27. No. 93. In the United States District Court, District of Alaska. 
United States v. schooner ‘Sylvia Handy.” Consent that vessel and cargo be dis- 
charged on stipulation, Filed the 23rd March, 1888. H. E. Haydon, Clerk. M., P. 
Berry, proctor for owners, 
