Show USE Of FORCE IN CAPTURE Of 1 sHIP DEfENDED i Treasury Makes Report on oni onit i I it Coast Guard Action in I lj r Josephine K Case Cas j 2 WASHINGTON April 10 A JP-A tf A vigorous rIgorous defense of ot the coast guard guards a ause use iise sc of forceful measures to capture the rum laden Canadian schooner Josephine K of off New Acv York harbor three months ago has been transmitted transmit transmit transmit-I t ted d to the state department by the I treasury Attorney General Mitchell is ex- ex 1 to submit to tho the state department department de tie- de- de within a day or two his opinion on legal aspects of the case The opinion was as asked by Secretary Stimson after the Canadian government govern govern- mont ment protested the seizures The Ottawa government contended the Ute the Josephine K K W was outside the hours hour's sailing distance from shore within which treaty rights Tights permit search and seizure of British vessels by American authorities It also held that the tho firing of or a pound one-pound shell sheU which killed the vessels vessel's master Captain Captain Captain Cap Cap- tain William P. P Cluett constituted unwarranted force The Tho co coast guard replied the vessel was within treaty distance from shore and nd that the force employed was necessary Upon the opinion of or th the attorney i general however the state department department depart depart- men ment will win decide whether the United States officially will reply to Canada defending the action The general belief belie here hue today is that should the United States defend the coast guards guard's action tho the ca case e would be placed before an all international international international arbitration commission for set set- The cas case of the Canadian registered red runner rum-runner Im I'm Alone Atone unk sunk in hi the Gulf of ot Mexico by a coast coastguard coastguard coastguard guard vessel two years ago is now DOW up for lor arbitration as a a. result of ot a disagreement between the Washing Washing- Washington ton a and d Ottawa governments over oyer points similar to those in the Josephine Joseph Joseph- ine K incident |