New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-20
THE COURTS.
THE LAW OF MARITIME CONTRACTS.

STATE STATUTE VOID IN ADMIRALTY COURTS.
I'm the United States Circuit Court yester-
day. IN the matter Of the disposition OF the surplus FUNDS
of the ship Edith, Judge Woodruff gave an important
decision, in which he declares UNCONSTITUTIONAL ana
void the state law which gives ga remedy for tho
OF maritime contracts" The law referred TO
will be found in the Acts OF tho Legislature Tor 1867
chap. 4S2, y. $50.
The ship Edith was sold under decree OF the United
States District Court and, after certain claims OF the
belans had been satisfied from the proceeds OF such
SALE there remained in the registry OF the Court VII
16 81 subject to distribution among tho claimants d.
r. Poole and others thereupon presented their petition
alleging that they shipwrlghs, had made repairs
upon the Edith. and furnished materials for her. ana
claiming that they had lien upon her. The petition
asked that the lien might be Satisfied out or tho sum re-
naming In the registry OF the court The petition ana
claim were resisted by Daniel Tyler. m0rtgagoe OF
three fourths OF the ship TO whom was Que sum WHICH,
after the Of another mortgage on onehaf OF the
ship exceeded the residue OF the referred TO- John
sedgwick the assignee in bankruptcy OF Charles 0aron
IN owner OF the ship also oinedkn resisting the pet-
ton and claim The Court decided that Poole and tho
other petitioners had mo lien upon the ship nor as Do
tween them and tho MORTGAGE ana the assignee III
bankruptcy any title to" part OF the s376 ~; and
1t WAS therefore ordered that such surplus sum, ater
the mortgage half OF the ship had been PAID
should be divided between the MORTGAGE Tyler, and
any tho surplus sum. appealed to the Un'ed
States Circuit Court have their alleged rights therein
protected In the OF his long decision In this
case that court below, Judge Woodruff
says in substance
The ship Edith was domestic vessel her owner re-
sided In this city, aud the repairs IN question we're done
by the petitioners while she lying in navigable
waters OF NewYork by order OF her master and owner
IL appears that the petitioners after the repairs were
finished attempted to claim and enforce hen therefor
upon the ship under statute of the State OF
issued Sheriff who by virtue thereof, seized tue
ship whereupon satisfactory bond was gwen oy
Independently the technical objection that the petit
the snip acquired under tho statute Of State Of New
York their proceedings TO enforce lieu under Tue
state law will not avail anything against the claim OF
the MORTGAGE. The statute OF NewYork In question
far as 1t attempts to give remedy i0 o nne
according to tho common law: Is G GReGn't hr
tlonal and void. and tho remedy gv Vch con s
nat not common Ia remedy THAT statute
an attempt $50 far maritime contracts were
therein) to take jurisdiction from the AdnHalS
Conrts and TO "irescrbe a new Incident to such con-
tracts and enforce tue right conferred py ;
Mes Of maritime law as administered Courts of Adm-
rally and governing their iursdclion Ileh aLeauy
existed in virtue Of contract then, separate anu ans
tnct from the provisions OF the statute for enforcing IT,
which are conceded TO be void tue SUPPOSED non
obtains force validity from the statute, in ,S
respect the statute idle aud useless
H. by the rules and prinolpl governing COut u n
mray no such lien exists, then the atenpt 10 Eon
tToD such courts, "and interfere with their adnhls
tration by attempting to create new maritime ens Hos
Enown or recognized IN those courts, and when
affect tine rights Of parties there Gs, VINO m 1sy
he deemed liable TO all the oOIecuOhs
raised against IT, II the lien exists AZ the creature Oh
the law, how It to DO executed strlke pu, Tue
mode of proceeding for its enforcement prescribed ny
the statute. and there is no common law node pa a
yided by which the State courts can give IL any eH
cacy And the moment II IL sought to enforce IL as
lien in the Court Admiralty. IL proceeds upon inc
dea that the give TO those courts jurisdiction
moi known or pertaining 10 them under tue CONSTITUTION
and laws OF The United states"
After citing numerous authorities IN support OF MS
position Judge Woodruff says that under the maritime
law the petitioners had upon the ship. Beebe,
Douabue & Cooke for Poole. anu Yose & Mcdaniel for
TYLER a nd the asst .uee.