The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-05-05

agent 10 WAUGH luc CUVV0 WACxO 5lOICN, 0Au
it renamed in his care un'il seizure by the
Government: but it does not appear that
there was any surrender of possession to this
agent, or that there was any change of pos
session at ALL
At this time the region where the parties
we're was greatly disturbed by the war. and
the cotton was in danger of being burnt by
the Confederate forces and of capture BY the
United States.
Under these circumstances, and it appearing
that Lobdell was to furnish the material for
balipg aud putting the cotton in condition
for delivery. and that he did no. do it; aud
further, that tho cotton was to be weighed
before transfer, the court are of the opinion
that the contract was simply an agreement to
sell, and that no title vested in Lobdell.
The stipulations that the cotton was to be
at the risk of Lobdell, after the contracts and
the payment of the thirty dollars to him, the
latter do not make out case of sale in the
face of all the other circumstances showing
the contrary; so with the contract claimed by
Mutt to have been made in October, 1868.
Assuming that it was not void under the
non-intercourse act, it was still insufficient.
1t did not state what cotton was sold nor how
much. and was altogether too vague aud in
definite. It was but an executory contract,
and passed no property in the cotton.
The result is that the title remained in
Elgee, and his personal representatives are
entitled to the proceeds.
Reversed-Mr. Justice Strong delivered the
opinion; dissenting, Justices Bradley and
Hunt.
Rodd, Administrator ct. al. vs. Health, et
at, appeal from the Circuit Court for the dis
trict OF Louisiana.
In this case it is decided that while the gen.
erai maritime law is the basis of the maritime
law by the United States as well as of other
countries. it is only SO tar operative in this or
any country as i: is adopted by the laws OF
its own. 1t has no inherent force of its own.
In particular matters, especially such as
approach merely municipal character. the
received maritime law may differ in different
countries without affecting the general integ-
rity Of the system as a harmonious whole.
The general system Of maritime law which
was familiar to the lawyers and statesmen Of
this country when the Constitution was
adopted, was intended and referred to when
it was declared in that instrument that the
judicial power of the United States shall ex-
tend to all cases of admiralty and maritime
jurisdiction.
This adopted. it became the maritime law
of the United States, operating uniformly in
the whole country. The question as to the
true limits Of maritime law and admiralty
jurisdiction is exclusively judicial question,
and TO State law or act of Congress can make
it broader or narrower than the judicial
power may determine those limits to be but
what the law is, within those limits. a9sum-
ing the general maritime law to be the basis
OF the system, depends on what has been re-
ceivcd as low in the maritime usages of this
country, and on such legislation as may have
been competent to affect it.
Tho 6coioinno IF this onnrk S1InckvQfIvo 0f
these sources and giving construction to the
laws and Constitution, are especially to be
considered, and when these fail US, we must
resort to the principles by which they have
been governed. 1t Is settled by repeated adj
publications of this court that material men
furnishing repairs and supplies to vessel in
her home port, do not acquire thereby any
lien upon the vessels by the general maritime
law of the United States, whilst it eau not be
supp ,sed that the trainers Of the Constitution
contemplated that the maritime law should
forever remain unalterable.
The courts cannot change it; they can only
declare it. IT, within its proper scope, any
change is desired in its rules other than those
Of procedure, it must be made by the legis-
lative department. Congress, under the
power to regulate commerce, has authority to
establish lien on vessels of the United
States in favor of material men, uniform
throughout the whole country. In particular
cases in which Congress has not exercised
the power of regulating commerce with
which it is invested by the Constitution, and
when the subject in its nature requires the
exercise of that power, the States, until Con-
gress acts, may continue to legislate upon it;
hence liens granted by the laws of q State in
favor Of material men tor furnishing necessa-
ries to vessel in her home port in such
State are valid, though the contract to fur
nish the same is a maritime contract, and Can
only be enforced by proceedings in rem in
the District Courts of the United States.
In the State courts parties can only avail
themselves of their common law remedies OF
such as are equivalent thereto. Any person
having specific lien or q vested interest In
a surplus fund in court may apply BY petition
tor the protection of his interests under the
forty third admiralty rule. Separate libels
were filed in 1871 against steamboat fol
wages, for salvage, for supplies furnished at
her home port and for the amount due on O
mortgage.
1t was held that the lien for supplies had
not been perfected under the State law, and
if it had been that the ibels for such supplies
would not be sustained prior to the recent
change on the 18th admiralty rule, also
that the libel upon the mortgage could not
be sustained as an original proceeding. but
that the mortgages having been petitioned fo
the surplus proceeds Of the vessel, were emit
tied to have the same applied to theil
mortgage.
Reversed. Mr.. Justice Bradley delivered
the opinion, Mr.. Justice Clifford dissented.
WASHINGTON, May 4.-Mr. Justice Field
dissent in No. 2O2 Mechanics and Traders
Bank, against the Union Bank OF Louisian
from the T.ou;siana (!ircnit in which tn
opinion of the court was stated yesterday,
OF such interest as to require notice.
In the opening he said that if the decision
had been placed on the ground that tn
plaintiff bank owed the money, it was com
PEELED to pay by the decree Of the proves
court, and therefore could not recover back
However illegal. the action Of that tribuna!