Tellefsen . Fee (the constable), for damages for bodily injury in making the arrest and placing the master in irons. As this case now is of about five and a half years' standing, I take the liberty briefly to refer to the case from the beginning:

July 16, 1892, at 5 p. m., the master was arrested by the constable.

July 18, 1892, the master made his declaration before me, and a copy sent through our consul in New York.

February 5, 1894, the suit of Tellefsen (master) against Fee (constable), for damages for illegal arrest and personal injuries, was tried in Massachusetts superior court, and the judge ruling that the treaty did not prevent the constable from placing the captain under arrest, the jury did not award any damages.

As this most remarkable ruling of a Massachusetts superior court judge would make every Norwegian ship captain who visited Boston liable to arrest by seamen, it was found imperative to appeal the case to Massachusetts supreme court.

November, 1895, the case came before the supreme court and a decision given March 22, 1897 (a certified copy of which was sent you at the time), in which the treaty was upheld and the constable became responsible for illegal arrest of the master of the Albert. In view of this decision and also in view of the fact that the Secretary of State, at Washington, in his letter of March 8, 1895, to you (copy of which you sent me at the time) states that no claim for the master (Tellefsen) against the United States should be entertained till he has prosecuted his suit in the Massachusetts State court to a final conclusion without obtaining the redress to which he is entitled, the master's suit for damages was again brought in Massachusetts superior court. The jury in this case has, on October, 1897, found $100 damages and costs of court against the constable, a copy of which verdict I have the honor to inclose herewith.

As all the judicial remedies in Massachusetts courts are now exhausted, I take the liberty to give below the expenses, charges, etc., in connection with this case, the balance ($998.96) of which should be consideration of a diplomatic claim in accordance with the letter (March 8, 1895) of the honorable Secretary of State to you.

The following are the expenses incurred from November 4, 1895, to October 26, 1897: Owen A. Galvin's bill, voucher No. 1.. Edward S. Dodge bill, voucher No. 2. John H. Lowell bill, voucher No. 3...

$225. 17

323.79

300.00

John H. Sherburne bill, voucher No. 4..

250.00

1,098.96

Less damages awarded by jury in Massachusetts superior court, October 20, 1897...

100.00

998.96

GJERT LOOTZ, Vice-Consul.

COMMONWEALTH OF MASSACHUSETTS, Suffolk, 88:

Superior court, October sitting, A. D. 1897. B. Tellefsen v. Peter P. Fee. The jury find for the plaintiff and assess damages in the sum of one hundred dollars.

WM. A. FRENCH,
Foreman of the Jury.

A true copy of the verdict in the above-entitled action. Witness my hand and the seal of said court at Boston, in said county, this 20th day of October, A. D. 1897.

[Seal of the superior court.]

Jos. A. WILLARD,
Clerk of said Court.

NOVEMBER 4, 1895.

Mr. G. Lootz to Owen A. Galvin, Dr.

Professional services rendered in case of Tellefsen v. Fee, as follows: Services as per bill rendered February 16, 1894... Services in drafting bill of exceptions, interviews with counsel for the defendant, interviews with Mr. Lootz, making new draft of bill of exceptions, appearance in court in matter of allowance of bill of exceptions, letters to Attorney-General and interviews with representative from Attorney-General's office, services in matter of preparation of case until the present time

$129.82

75.00

Cash paid Rogers & Jones, stenographers

Check to Jos. A. Willard, papers in supreme judicial court..
Cash paid entry fee in supreme judicial court

By check

Balance due ... Received payment.

CR.

$9.75

9.10

1.50

225. 17

139.57

85.60

OWEN A. GALVIN.

BOSTON, October 25, 1897. *

Vice-consulate of Sweden and Norway to Edward S. Dodge, Dr. 1895-1897. Professional services in the case, Tellefsen v. Fee, involving the construction and interpretation of the treaty of commerce and navigation between the United States of America and His Majesty the King of Sweden and Norway, viz, consultations, drawing brief, conferences concerning brief with Hon. John Lowell, preparation for and argument of the case before the supreme judicial court for the Commonwealth as junior counsel. $300.00 Disbursements in the case:

1895. Expense of sending messenger to Northampton, Mass., to consult ancient records of court as to the real facts involved in a case used as a precedent...

L. H. Lane, printing brief.

1897. Certified copy of opinion of supreme court..

Received payment.

$4.79

15.00

4.00

23.79

323.79

EDWARD S. Dodge.

BOSTON, October 25, 1897.

Vice-Consulate of Sweden and Norway to the Estate of John Lowell, Dr. For professional services of the Hon. John Lowell in case of Tellefsen v. Fec, namely, conferences about brief with Mr. E. S. Dodge, additional work on brief, preparation for and argument of the case before the supreme judicial court as senior counsel, especially on the construction and interpretation of the treaty between the Kingdom of Sweden and Norway and the United States.... Received payment.

$300.00

JOHN LOWELL, (For the executors of the estate of John Lowell.)

BOSTON, October 26, 1897.

Hon. Gert Lootz, vice-consul Sweden and Norway, to J. H. Sherburne, Dr.

Re Telefsen v. Fee.

To preparation of case for trial and preparing rulings and instructions for jury, etc., five days.

To various consultations with witnesses.

To attendance with witnesses in court four days and obtaining verdict.

To summoning witnesses and services connected therewith, etc.

Received payment.

JOHN H. SHERBURNE.

DECEMBER II, 1899.-Referred to the Committee on Naval Affairs
and ordered to be printed.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

NAVY DEPARTMENT, Washington, December 7, 1899.

SIR: I have the honor to transmit herewith for the information of the Senate a copy of the report of a Board of Visitors to the United States Naval Observatory for the year 1899. This report is referred to in the annual report of the Department to the President, and its conclusions and recommendations are, on account of their great importance, especially commended to consideration. It is believed that the enactment of the legislation recommended by the Board of Visitors will materially promote the usefulness of this national institution.

Very respectfully,

The PRESIDENT PRO TEMPORE,

JOHN D. LONG,

Secretary.

United States Senate.