Dunsmuir v. Bradshaw, Collector of Customs, 50 F. 440

Gilbert, Circuit Judge. The principles decided by this court in the case of The Pilot, 50 Fed. Rep. 437, govern the decision of this case. The additional defense that the towing might all have been done upon the American side of the boundary line, and without entering foreign waters, can make no difference with the result. It is not alleged that the foreign waters were entered eollusively, or for the purpose, on the part of the tug, of evading the statute. The decree is reversed, with instructions to sustain the demurrer to the answer and for further proceedings.