BRANDEIS and HOLMES, JJ., concurring.

Guard to ensure enforcement there of the laws respecting the revenue. Unless the Coast Guard has authority to seize the ship and to arrest persons thereon found violating our laws, no American official is authorized to do so. If the statutes are construed as granting to the Coast Guard express authority to make the seizure in question in order to protect the revenue, the authority so granted is obviously very narrow, and the express grant may possibly be read as exhausting the authority conferred beyond the twelve-mile limit; in other words, as showing that no implied authority is conferred. For this reason it seems to me important to state why I cannot assent to the view expressed by the Court.

The claimant concedes that, within the United States, the Coast Guard is charged with the duty of enforcing our navigation laws, and for this purpose, may board, search, and seize American vessels there; that our navigation laws govern American merchant vessels on the high seas; and that the United States could by appropriate legislation authorize the Coast Guard to seize, without a warrant, any such vessel violating our law on the high seas, regardless of distance from our coast. See United States v. Bowman, 260 U. S. 94, 97; Cunard Steamship Co. v. Mellon, 262 U. S. 100, 125, 129. His contention apparently is that Congress does not impose upon officers of the Coast Guard any duty to enforce the navigation laws on the high seas beyond the twelve-mile limit; and that, even if it does impose the duty, it has not conferred authority to enforce compliance by means of a seizure to be made there. The question for decision is the power of the Coast Guard to seize American vessels beyond the twelve-mile limit.1

1 The power, in relation to American vessels, was upheld in The Rosalie M., 4 F. (2d) 815, affirmed without passing upon the point in 12 F. (2d) 970. See The Homestead, 7 F. (2d) 413, 415. Contra,

BRANDEIS and HOLMES, JJ., concurring. 274 U.S.

The Coast Guard is a part of the civil establishment. It is a bureau of the Treasury Department, established by Act of January 28, 1915, c. 20, 38 Stat. 800, in lieu of the existing Revenue Cutter Service and Life-Saving Service. These had thereofore been separate-the Revenue Cutter Service a division, the Life-Saving Service a bureau, of the Treasury. Louisville & Nashville R. R. Co. v. United States, 258 U. S. 374. The Revenue Cutter Service was established by Act of August 4, 1790, c. 35, §§ 31 and 62–65, 1 Stat. 145, 164, 175. That statute was superseded by the Act of March 2, 1799, c. 22, §§ 54, 70, 97-102, 1 Stat. 627, 668, 678, 699, 700. The provisions of the Act of 1799 concerning search and seizure specifically by revenue cutters were embodied without substantial change in the Revised Statutes, §§ 2760, 2761, 2763, 3067, 3069, 3070 and 3072. Their scope and purpose will be discussed later. They are now in full force, except so far as they were repealed by the Tariff Act of 1922 or may have been modified by § 581 thereof. The

United States v. Bentley, 12 F. (2d) 466; Lee v. United States, 14 F. (2d) 400, reversed by this Court, United States v. Lee, post, p. 559. For seizures of foreign vessels, beyond territorial waters, under the hour's run treaties, see Ford v. United States, 273 U. S. 593; The Pictonian, 3 F. (2d) 145; The Over The Top, 5 F. (2d) 838; United States v. Henning, 7 F. (2d) 488, reversed in 13 F. (2d) 74; The Sagatind, 11 F. (2d) 673; Haughan v. United States, 13 F. (2d) 75. For seizures of foreign vessels beyond the treaty limits, see The Frances Louise, 1 F. (2d) 1004; The Panama, 6 F. (2d) 326. For seizures of foreign vessels between the three and twelve mile limits, under the hovering statutes, before the treaties, see United States v. Bengochea, 279 Fed. 537; The Grace and Ruby, 283 Fed. 475; United States v. 1,250 Cases of Intoxicating Liquors, 292 Fed. 486; Arch v. United States, 13 F. (2d) 382.

2 The Act of 1915, § 1, like the earlier law, provides that the Coast Guard "shall operate as a part of the Navy, subject to the orders of the Secretary of the Navy, in time of war or when the President shall so direct."

501

BRANDEIS and HOLMES, JJ., concurring.

Act of 1915 did not add to or abridge in any respect existing duties and powers of officers of revenue cutters. It merely transferred to the Coast Guard the duties and powers theretofore possessed.

When the Revenue Cutter Service was established, its duties were limited to the protection of the revenues. In 1793, the duty of enforcing also the navigation laws was imposed. Thereafter, from time to time, the duty of enforcing many other laws relating to transactions involving marine operations was added. Revenue cutters became thus America's civil ocean patrol. But their service is not limited to enforcing our municipal law. They have been employed also in protecting the lives and property of Americans against foreigners in international controversies falling short of war; and they have served during wars in operations against the enemy." Revenue cutters are armed cruisers. Naval discipline, drill and routine prevail on all the ships. Their officers are commissioned, and their men enlisted, like officers and men in the Army, Navy and Marine Corps. The Secretary of the Treasury assigns them to a particular vessel; and the vessel is usually assigned to a particular station. But he may make such transfer of an officer from one vessel to another, and of the vessel from one station to another, as he deems desirable. Both the Secretary of the Treasury and the President may direct any

3 Act of February 18, 1793, c. 8, § 27, 1 Stat. 305, 315.

4 The Coast Guard regulations make it the duty of officers to enforce "all . maritime laws of the United States." Regulations, 1923, Art. 2501. The cutters are frequently called upon to furnish transportation and other assistance to other departments of the Government. Reports of Revenue Cutter Service and Coast Guard, 1872, p. 12; 1873, pp. 11-13; 1891, p. 4; 1914, p. 101; 1915, pp. 24, 130-140; 1916, p. 21.

5 Revenue Cutter Service Report for 1891, p. 13; Report for 1897, p. 7; Coast Guard Report for 1920, p. 9.

BRANDEIS and HOLMES, JJ., concurring.

274 U.S.

revenue cutter to cruise in any waters in order to perform any duty of the service. Wiley v. United States, 40 Ct. Cl. 406; Act of April 21, 1910, c. 182, § 2, 36 Stat. 326; Regulations of Coast Guard (1923), Art. 101.

6

With the enlargement of the revenue cutters' functions came necessarily an extension of the field of their operations. They range the seas coastwise or far into the ocean, as occasion and the particular duties demand. The earlier regulations issued by the Secretary of the Treasury, included among the laws to be enforced, those prohibiting the slave trade,' the laws to preserve neutrality, laws for the suppression of piracy," and the law to prevent the cutting and removing of timber from public lands "for exportation to any foreign country.' Among the duties recited in the later regulations are lending medical aid to vessels of the United States engaged in deep sea fisheries; 12 enforcing the sponge fishing law; 13 assisting vessels in distress upon the oceans 1 and

8

11

14

99 10

6" Instructions to officers of the United States Revenue Cutter Service" issued by the Treasury Department October 3, 1834, p. 1; "Rules and Regulations for the Government of the United States Revenue Marine, issued November 1, 1843," p. ix.

7 Act of March 22, 1794, c. 11, § 1, 1 Stat. 347; April 20, 1818, c. 91, §§ 2, 4, 3 Stat. 450, 451; see March 3, 1819, c. 101, § 1, 3 Stat. 532.

8 Rev. Stat. §§ 5283-5287; Act of March 4, 1909, c. 321, 35 Stat. 1088, 1090; Act of June 15, 1917, c. 30, Title V, 40 Stat. 217, 221. See Revenue Cutter Service Report for 1897, pp. 21–22.

9 Act of April 30, 1790, c. 9, § 8, 1 Stat. 112, 113; Act of March 3, 1819, c. 77, §§ 1, 4, 3 Stat. 510, 511, 513. See Act of May 15, 1820, c. 113, 3 Stat. 600.

10 Act of March 1, 1817, c. 22, §§ 2, 3, 4, 3 Stat. 347.

11 Regulations U. S. Coast Guard, 1923, c. 2.

12 Act of June 24, 1914, c. 124, 38 Stat. 387.

13 Act of June 20, 1906, c. 3442, 34 Stat. 313; Act of August 15, 1914, c. 253, 38 Stat. 692.

14 Rev. Stat. § 1536; Act of April 19, 1906, c. 1640, §§ 1-3, 34 Stat. 123. Reports of Revenue Cutter Service, 1873, pp. 7-9; 1881, pp. 9, 15; 1891, pp. 14, 39,

501

BRANDEIS and HOLMES, JJ., concurring.

the Great Lakes; 15 removing derelicts; 16 suppressing mutinies; patrolling the North Pacific and the Bering Sea for the purpose of enforcing the laws for the protection of the fur seal and sea otter;18 and the service of ice observation and patrol, pursuant to the Convention of January 20, 1914, designed to promote safety on the North Atlantic, following the International Conference of November 12, 1913.19 By no act or regulation is the field of activity restricted to the twelve-mile limit. Some of the duties imposed upon revenue cutters involve necessarily service hundreds of miles from any American coast.20

15 Rev. Stat. § 2759.

16 Act of May 12, 1906, c. 2454, 34 Stat. 190.

17 See e. g., Reports, 1881, pp. 14-23; 1915, p. 20.

18 Concerning the service of revenue cutters in connection with the forfeiture of vessels killing otter, fur seals, etc., in the Alaskan waters and beyond, see the Acts of July 27, 1868, c. 273, §§ 6, 7, 15 Stat. 240, 241; March 2, 1889, c. 415, § 3, 25 Stat. 1009; July 1, 1870, c. 189, 16 Stat. 180; June 20, 1878, c. 359, 20 Stat. 206, 212; March 3, 1879, c. 182, 20 Stat. 377, 386; December 29, 1897, c. 3, § 8, 30 Stat. 226, 227; March 3, 1899, c. 429, §§ 173-183, 30 Stat. 1253, 1279-1281; June 14, 1906, c. 3299, § 4, 34 Stat. 263, 264; April 21, 1910, c. 183, 36 Stat. 326. To give effect to the convention of July 7, 1911, between Russia, Japan, England, and the United States (37 Stat. 1542), Congress passed the Act of August 24, 1912, c. 373, 37 Stat. 499, which specifically provided (§ 9) for the search and seizure of American vessels on the high seas. An earlier statute giving effect to a similar treaty between England and the United States carried the same provision. Act of April 6, 1894, c. 57, §§ 11, 12, 28 Stat. 52, 55. See also In re Cooper, 143 U. S. 472; The James G. Swan, 50 Fed. 108; The La Ninfa, 75 Fed. 513; The Alexander, 75 Fed. 519; The James G. Swan, 77 Fed. 473; United States v. The Jane Gray, 77 Fed. 908. For some years a special fleet of revenue vessels has been assigned to the Bering sea patrol, sometimes in cooperation with the Navy and Department of Commerce. See e. g., Report for 1920, pp. 22–31.

19 See Report for 1914, p. 86.

20 See Reports, 1891, pp. 3, 14; 1897, pp. 21-22; 1913, p. 42; 1914, pp. 35, 85, 126, 149-151, 158-161; 1915, pp. 7, 11, 14, 16-18, 24,