The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-04
U. y. Circuit Cou rt-Ia Admiralty.


and master, foi breach OF passenger contrast :
Inc vessel was pound on olstant voyage rouh" ape
Horn to california and it was ssr.ed to take the libel
isht a. chhh patdthseEi tcSettcr nith is iusssei
ana tuat sh.s Glass OF passengers might have an .hs
r"ona'ons nesirao'e Tor so ioas ana 'su.'is
1ojAe- shl sulcient spsce tor exercise aui sr noe
reie tnsn nty 1snn TO os rrcsivei on
was reseo to three hundred dollars instead OF two
hundred and tfy the usual charge thai state rooms
apartments Tor two PASSENGERS each tae roons 90
lie arranged on eS'h sde Oh ths vessel leaving free
iUt " va % o'
zoe On OF JaIHa.! 1917 ne gi'sase noa-y ~es pa'd
On mo second OF tha' mouth Tue 10 liant ~ho was
siderable expense Tor the veysgs. aud came to the
c'tj q New YORK ut The iine Appointed for the
on board and starting on The voysgs, when hs fount
toss the stat" tooms hst-ad OF peihg htteh up az
sSasea Tor Tue seeommoason and nsslts ct the pas.
ssnesrs' hsa 90 Fpsee ior Ventiistion or exercise
lei. pet"eeu .peu In consequences OF TOE increased
ina, haa os.n oSn'fdoted and that seventy
1--WE eSon lassehsefs sAa psen engssedor the voyage
anu were 10 Or tsxs IN on BEARD redu'ms the price
a. 20 n,sny VI ,he.n 10 tSo hutoten anu seventy
nsSs via sno cargo, ana reedered
INC, anu dangerous 10 h."ieh fhe libel
an, on asesr.ahiog THESE iso's refused 10 embark
eno uemaboeG re URN Oh us passage money, Shch
Nss Ieiuseo iotnis Noei ths oihnshts hiei demue
REL. on ths ground tue contract as set forth WAS not
one OF Tnlen court oil admiralty eau take eo5ni,
isnce Inc court below osertul.i TIE demurrer and
ueSrtsa Ia aver Q! tue oenaht ~ the case OF ths
ship Aoerioe which came before this court on
rom tne decree OF tue Dsuiet court decided In ios,
We held that ships engaged In carrying passengers on
the hgn seas lor lire stood on the 80 me footing OF
!eHPohsiputy sccoFahS 10 mafatme law as those en-
gsged In carrying merchsnoise-the passage money
being The equivalent cr the 'fe'sht and that there.
damage resulting, inc ship as well Al the owners
we're nouno TO respond ana lhat All the rea-
in ease Of hrsanh e, IN. .1s snip
nieu' " sooos sha Iiefcnauuise, spPhed wtn equal
oree ~ inc oaes % ,he pasengs. snip; ana tnat the
ohe was as Much tne spProPfa,e suolect Oh admit
ray JurlsoleuoA as me othet we aoids by tnst de-
esioh Is We nave seen nothing .ince TO lead us TO
chssse or modiiy ~ ina. was tns case OF an emf
grant snip rom Lirerposi TO New YORK The breach
o the cohsct "ccutredi tue couse OF the passage,
the passenger having been kept for many days
on mort suowsnee OF Dread ana wster, the master
having omitted intenuonany or, 0rne.wise, 70 lay
roper supply Oh stores we u9aSnt tae
snip .nHgeahe upon estaolsned priacipiss, the
contract rsing a maritime contrast, 10 be per-
ioimso on tns hSh seas ana ina the passenger was
entiueu 70 the remsoy against hsr the sane as the
owner OF In case of breach or tins contract
OF anreisntment In the one case, the snip IL bound
TO carry the goods safe TO the destined port according
to contract tor the freight in the other the passen
ger and his luggage for the passage money The case
before rs is supposed to be ds.insu,hsbie from the
Is founded on the ground, fret, thai ,drtting the
contract for the passage in the ship for the voyass
round Cape Horn to California to be martins con
tract and the subject OF admiralty jurisdiction the
voyage net broken up b. the master but wss 40
tusy performed and that 10 the FAULT or ncelsct
of the that the contract in this respect was
not carried into effect And that the oniitons and
ttiyulations in respect to the ships
for the voyage for the breach of which he omplaus
ard hich institute the fou OF the libel we're
not in Themselves Ire subject Of MARITIME son,r.rt
but related TO tho ntting up OF the shp and 10 the
Limitation OF the lumber VI the for convs
niepce and health, al OF which 10 bs performed
before the departure the vessel on her and
PREF srsory thereto that these we're not
Tor maritime services nor the compensation therefor
for MART me service but were services
and duie. preliminary to the voyaze second that at
ths time OF filing the libel action had srs-
en- upon the contract and especially, none OF admit
tract maritime In its nstur. and the chip
must have entered upon the perorman oe azd breach
In the Of thu performance that IL pothine
is done at sea under e. jurisJictiou cannot stt.ch
The Grst ground OF objection Is founded upon course
Of reasoning which we think eau y BE- matutaiued II
assumes tina, the csntract Is sverabs and that parts
IL may properly be the subject OF admiralty coyni.
tsnee being Tor maritime seriio-s aud part. OF It not
being services that relate subjects not sr.ime
in their nature obsc and that II the cause Of ac-
tion arises from n brcash Of the latter s,pulations
the remedy Is in tho Common Law Of the for
mer IL may be in the admiralty assigning the juris-
dicion 10 the different tribunals according the
ture cf the stipuations II which breach charged
Nov, tie ebert and obvious answer to all this Is that
be contract entirety and that In order To sseer
ain .heher IL the proper subject Of admiralty jor.-
lotion must look to the whole and every part OF IT,
lac tsne must look 20 the whole and every part
Ga contract when TO lite legal i'm
psrtsnd elect IL must be wholly OF admiralty oogni
ese Is not At all within IT, There cannot b.
divided jurisdiction The srgu nent also put in ano
th.r orn Assuming the eontrsct to be an ana
lsrtsbie and that IL must be so viewed In sndea
vofire 10 sst rtsin Us nsure snd VIII re-
'ef'nce 70 ths Jassueuon 70 DC a s.,s;I
~ NUT hPPshthst sh it- mste'tu anu suo-housi
psItr going 20 make up Tn. essence OF tue contrset
must De mshuneih 'h,n snnrAe.er saa ooIect. anu
iof the peIIo, uALce ~ ineI'ns ,er'loe,, snt ssr
inns4"u'A as IN. mhterAi pa,s o. tne ooh,tseI ,n
ca. are Nc, OF tnat urnerPton ou. .cNte 20 otner
tn'Jeots, suoh % the ntuhs up OF Tue smp sna hn,e
VIC " VIC nuup.r " fs.sr.srre, " 's'.o' y,
ue shrNeet OF Iniraiy eosnt.hce 40 uou,,l
ths shA9sm snu mt-fprstAuono VI ,ne oouIa
Dc uan'sih'u That the propotu.n suppress. Tn, con
clu1ios would he sound one The diineul'y lie, In
Tia ~, Of The srerm.nt Tie eohtrsot Is Tor tns
Sottt'AIc- " .se hoehan' a. fNsenSefi VIII
LIS lusrsge. in the respondepts shp, for q siagle
s.sNs. IN NeS lorN sronhu tspe hoth 20 ssu
fistsieo. Inc compensation pau ~s "r tn.
eon''yanee nton ms. No.sgei taa' was tne oe9ec'
TO te httsin'' by the hoean' ehd the s,sues 70 DC
peiiurmri ~ ,ne n'as'Nf auu osasrr, anu =" Wy W'
ronpt bfh3 stiph'a'iuh' Nrre ih'lue"sN hIs"v'st
Try 10 The main purpos" me were rBhlst.onf lot
the comfort ana tesIta OF the pa,enRsr on me voy-
ag. 70 Dc h.bn' more =" Iesi Ia az oohtac' OF tol'
description. bat rbieh have nothing 70 90 IN deter.
mimi thtr bslute OF eh.isos =; or WIN ths duspn
~ juri'dletion' no more tntn ths tipuiaiions Iof