which would disturb the tranquility and public order on shore. The court stated at page 12, 7 S. Ct. at page 387:
'* * * But, if crimes are committed on board of a character to disturb the peace and tranquility of the country to which the vessel has been brought, the offenders have never, by comity or usage, been entitled to any exemption from the operation of the local laws for their punishment, if the local tribunals see fit to assert their authority. * * *'
It is to be noted from the deposition of the plaintiff at page 31 that at the time of these incidents the government of Chile was in what could be called a state of emergency as the result of numerous civil uprisings that were occurring throughout the country. Obviously, the unauthorized sale of a large quantity of ammunition at this time would be such an activity to aid in the disturbance of the peace and tranquility of the Chilean government. Thus it seems clear that the government of Chile had a right to assert its authority and jurisdiction over this person and matter. Consequently all allegations of the plaintiff in reference to his illegal detainment and defendants' refusal to repatriate him are without merit. Extensive research has not revealed any treaty between the United States and Chile as to this jurisdictional problem.
Plaintiff has alleged that he was denied the services of the American Consulate. A consular official is regarded, among other things, as an advisor and counsellor of a seaman. It is the duty of the Consul, upon the showing by a seaman that he is in difficulty either aboard ship or ashore, to investigate the charges at once and to take appropriate action. 22 CFR 83.1 to 83.11. A review of plaintiff's deposition reveals that appropriate consular action was taken and that the circumstances surrounding his arrest and trial were initiated and carried out by the Chilean authorities and not by any of the named defendants.
Paraphrasing plaintiff's deposition the following facts are revealed:
(P. 14) When plaintiff returned to the ship after his afternoon visit ashore, he was met by Mr. Currie, third mate, and was informed that the Chilean police wanted to search his quarters. Upon reaching his quarters plaintiff used his own key and opened the door for the police. (P. 22) Captain De Smedt informed plaintiff that he would have to go along with the Chilean police and that the American Consul would be duly notified. (P. 28) Plaintiff was arrested on April 21, 1957 and retained his own lawyer on April 22, 1957. (P. 31) On the morning of April 22, 1957 a Chilean employee of the American Consul visited the plaintiff and stated that he would go to the ship and speak to the ship's delegates to see what could be done. (P. 33) In quoting Mr. Currie plaintiff stated: 'He said the company was looking after my interests, they would try to do something for me. That was prior to my trial in the customs court.' (P. 34) While plaintiff was in prison he was visited by another lawyer, not his own, in reference to obtaining plaintiff's release from prison. This lawyer was sent by the American Consul. (See deposition of Alfred De Smedt, defendant) (P. 39) Plaintiff stated that neither De Smedt nor Currie had testified that they had witnessed plaintiff or the informer passing the cartridges back and forth, and to the best of plaintiff's knowledge there was no entry in the court's record of this.
The above illustrates only a sample of what was stated by the plaintiff under oath in his deposition. After a complete reading of plaintiff's deposition and a review of all of the other facts presented to the Court, including defendant De Smedt's deposition, it is my opinion that plaintiff has not stated a cause of action against the named defendants. Accordingly, there is no genuine issue as to any material fact remaining. Thus, summary judgment is hereby granted for all defendants.
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