The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-06-24
LAWS FOR VESSELS.
Judge Hanford Defines the Ma
ture of Maritime Contract.
LAWYER DUvAL's TROUBLES.
Tom Pace Up for Insanity-Dufy OF Kali
roads TO Trespassers-New suits
The BIotter.

QUtskitn "a HAat E@Nt~-s
maritime contract. The full text VIII ne
found below:
United States District Court, District OF wash
1rs+,r Northern Diyisfon.-T ". Lake, libel
Isn't Va Steamer Manhattan, her tackle, etc,
respondent-Filed June 2. lssl
Contracts for work to be performed and ma
serisix 10 be furnished in completing ana equip
pinr 1 new vessel, left uncomplefed py ntr
builders. where such contracts ere entered NO ~.
and have their inception after the vessel nSs
been launched and named and become capzoae
of being identified a. vessel. are msnlllhe
contracts
Where by q local statute o lien 10 given TOT
work done and materials furnished IN the con
struction OF vessels, suit IN rem against ths
vessel upon such a contract a. above oetcfioou
and 70 enforce such lien can be maintained,
and il within the admiralty jurisdiction OF the
United States courts.
FIJI. Patterson, for lioellant; Carr Preston,
Wrestling & Wrestling, w. A. Peters. Z. ID.
Emery, for intervening Hbeliants; J. b. Met
calfe, for claimant
HANFORD, J.
The Manhattan In an uncompleted vessel The
Hbellant built her in this state and launched her
upon Lake Washington, for persons who In
tended 10 own and run her upon said lake, but
failed to pay the libellant for her construction
according to their contract. For this failure to
pay him, the libellsnt sold the vessel 70 other
parties in the condition in which she then was,
that is 10 say q mere hull without masts, sails,
machinery CT other propeIling power. The pur-
chasers caused her 10 be foated or towed upon
the waters of Lake Washington, Black river and
Drwemish river, 70 the harbor OF the city oil
Seattle, and thence to shipysrd owned and
managed by the libsllant And afterward. under
. new contract with them, the libellant per
formed work and furnished materials toward
completing and changing the vessel from side
wheel steamer into propeller, and there is now
Que TO him the sum of one thousand. three hun
dred Gxtysev and $500 dollars Is. ,SS7. 96) for
said work and materials, and he has
. statutory lien therefor by virtue OF
the laws Of this state in force during the time of
the performance OF the contract To enforce
said lien this suit in rem against said weasel was
hrongbt Her machinery has not been placed
IN said vessel. and she has not been surveyed,
enrolled or documented at the custom house,
and she has never been used. Several interyen-
ing libels have been fled by parties claiming TO
have statutory liens for materials furnished and
labor performed, and one wherein the interven-
ing libellant claims TO have maritime lien Tor
towing the vessel from the hbellants yard 10 the
place at which she was TO have received her ma
chinery The claimant alleges that he has pur-
chased the vessel from the parties who pur-
chased her from the libellant and contracted the
debts in suit The evidence has been taken by
q commissioner, who has certified the same to
the court with his findings, which findings the
court adopts as the facts in the case. The
ground upon which the claimant defends 10 that
the contracts sued on are not maritime aud not
cognizable in admiralty, and that therefore the
case is not one OF which this court can have
jurisdiction.
The question here presented il not new The
right 20 sue in the court of admiralty upon con-
tracts of this class IL a subject o. discussion
which our ancestors brought with then. from
England before the first courts were established
In the American colonies. and the debate upon
IL has continued through all the changes which
have trsnspired in the judiciary Of the country.
The lawyers and litigants continue 70 contend
for the right In the face of decisions OF the
courts, and they seem to be determined to not
accept the decisions or regard them 90 being de-
cisive, and the decisions have not been uniform
nor harmonious. According 70 the earliest re-
ported cases, all contracts for building, repair
ing and eQuipping vessels where held to be
maritime contracts, and equitable in the ad-
miralty courts.
in the case OF Cunningham VS.. Hall. decided by
MI Justice Clifford very soon after the decision
of the supreme court In the case of the Peoples
Ferry Company We. Beers, that learned justice
in his opinion reported in ? Clifford, p. 4s,
cites the earlier decisions, and in the same con-
nection makes this clear statement: Contracts
for the building of ships, where q lien Is
given under the local law, have heretofore been
regarded as maritime, and in repeated instances
the lien so created has been enforced by q pro-
ceeding IN rem, and the practice appears 20 be
fully sanctioned by the twelfth admiralty rule. ("
The twelfth admiralty rule, adopted by the su-
preme court In 1874, which was thus referred TO
by the justice, reads an follows: ''ln all suits
by material men for supplies, repairs or other
necessariex for foreign ship, or for ship in q
foreign port, the libellant may proceed against
~. 49,
or owner alone IN pesoasul, and the like pro-
ceeding in rem shall apply to cases of domestic
ships, where by the local law 9 lien is given 70
material men for supplies, repairs and other
necessaries." This rule was amended by the
court in 1859, and again in 49,
The decision OF the supreme court of the
United States in the case of the General Smith,
In 1919, was the beginning of q departure. and
from that time until the Lottawsna case was de-
cided in 1874 the tendency OF the decisions was
very strongly against maintaining admiralty
jurisdiction in cases founded upon contracts OF
the class under consideration, and for upwards
OF thirty years past the courts have uniformly
held that contracts for the building of ships and
for furnishing materials 70 be used in the orig
inal construction thereof, are not maritime and
that suits founded upon such contracts are not
within the admiralty jurisdiction Of the courts
OF the United States. Peoples Ferry company
man Ell 81, - Howard. l29; Edwards VS.. Elliott,
q Wallace. SSl; the orpheus, ? Clifford, 2aal
The courts however. still maintain that con-
tracts for repairing and rebuilding vessels are
maritime and equitable in admiralty [Peyroux
We. Howard, Peters. 50; the 6rspeshot, . Wal
lace 500; the Lulu, 10 Wallace, 49,; the ksloram,
10 Wallace, 2o4: the Iottswsns, u Wallace, SIS;
Heryy's admiralty. a..
consider that this court is hound TO hold in
6efe~epRa - IA sfnps ~ the
that ontracts for the building OF vessels and
Tor furnishing materials o. be used in the orig
inal construction thereof sTe not subjects OF al
niralty jurisdiction. such is the doctrine to
which that court seems To he fully committed
Tie opinion IN the case OF Edwards VS.. Elliott.
sooSe cited, was written by Mr.. Justice Clifford.
mo eoncurred in the decisions OF the court in
rsopes Ferry Company vs. Beers, and Roach
w chapman, and who wrote 3 dissenting opin-
lon n the case OF the Lottswana, and il contains
1e iaiiess discussion Of the subject and state
neit % ine reasons for its decision which that
c0Uf' hSs given have looked for the reasons
~ eFaer % learn if possible how 10 reconcile the
usS1siOhs hoaaing contracts for the building oi
SIPS 70 oe not maritime, with those holding
conA4AOss ios the repair snd rebuilding Of YES
ses 20 oe maritime, and where 10 draw the
nns Sl'salag contracts for doing mechanical
"0A ana lor furnishing building materials and
Nscninety which a-e elGssed As pon-gnsyitims
Fem tAese contracts for doing precisely the
same kind Of mechanical work and furnishing
the same Kind OF materials and machinery
which ara maritime. And my conclusion is that
u there Is any reason for the distinction other
ta&n tns mere TACT that il exists because the
Soa'as 1afe crested u oy their arbitrary deci-
sions, il IS 10 be found in this, ;hs; r,s-irs,,a
contract Is defined to be one having reference "a
commerce or navigation. TIE particular ele.
ment essential TO give il a maritime character
Is direct connection with Commercial trsrsse-
lions or navigation, and such coansetin. IS I.rk.