The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-07-16
THE GYPSY ORDERED SEIZED.
Judge Speer Refused the Injunction
and Directed the Marshal to Pro-



est TO seamen. and especially to pilots, en-
gineers. deck hands and others plying the
rivers on steamboats, or other craft. was
argued before and decided by JudgeEmory
Speer IN the United States court yester-
dag.
on July Z. Z. Ramsey, a licensed
steam engineer, took out a libel in the
United States district court in this city
against the steamer Gypsy. which was
then lying at Dublin, in the western divis-
ion Of the district. Capt. J. W. Miller.
who was in charge, resided at Dublin, and
the owners, the Forest and Stream Club,
which comprises among its membership
many Of the best citizens of Macon, Is
corporation with headquarters at Macon.
Before the marshal could seize the boat,
her owners, through Marion Erwin, Esq,
counsel for the corporation, secured an in
junction from the United states circuit
court of the Fifth district, restraining him
from attaching the boat, and calling upon
the marshal to show cause why the in
junction should not be made permanent.
The application for injunction set forth
that the boat was al Dublin in the western
division, and that a proceeding in rem
eHeAAASN AAAC bIdN H4tOAlA NC biOASAiN az
Macon, and that process issuing at Sa-
Vannah in the eastern division was illegal.
The case was set for yesterday, and
was argued for the owners by Marion Err
win. Esq, and for the libelant by NJ. A.
Connolly, Esq, formerly United States
commissioner.
Mr. Erwin contended that the suit
should be brought In Macon, because the
boat was in that division and on account
of the fact that the act of 1880 dividing
this district into the eastern and western
divisions provided that all suits not of a
local nature in the circuit courts against
single defendant, inhabitant of said state,
must be brought In the division of the dis
trict whore he resides, and that all issues
of fact in said suits shall be tried at
term Of the court held in the division
where the suit is so brought. He also con-
tended that because the libellant did not
take the case preliminarily before
United States commissioner, as provided
by section 4547 of the Revised Statutes,
there was error. He also attacked the le-
gality Of the action for the reason that the
libellant did not file a bond or provide the
money for costs, as is required by law.
In reply, Mr.. Connolly stated that the
whole question was one Of admiralty ju
risdiction, and the only point at issue was
whether a libel in admiralty filed in the
eastern division was effective against a
vessel lying in the southern district but
in another division-the western. He re-
ferred to the organization of district
courts by congress, and claimed that they
were given exclusive, original cogniZance
Of all civil causes of admiralty or mari
time jurisdiction At the time when the
district of Georgia was created the admit
rally jurisdiction was limited to waters
where the tide ebhed and flowed. This ju-
risdiction was extended later by decisions
of the Tfnitad States
that it finally embraced every navigable
body of water in the district.
When the district of Georgia was divid-
ed into the northern and southern district.
the district court for the southern district
of Georgia had exclusive jurisdiction over
all the navigable waters within its eDoun-
diaries. This jurisdiction has not sin ce
changed, the act of 1880 Notwithstanding.
He claimed that there was nothing in that
act that affected in any way the processes
of the district court sitting as an admiral
ty court. The libel in question under dis
cussion was o libel in rem against the
steamer Gypsy, which boat could not by
the most vivid imagination be considered
an "inhabitant' of the district. Disposing
of the question Of what was meant by 'in.
habitant," he claimed that process against
a vessel issued at Savannah, could run
all over the southern district of Georgia,
irrespective Of divisions, and should the
steam Gypsy be found anywhere in the
district she could be seized by the mar
shall.
lie stated that II seaman should not
avail himself of the provisions of section
4A7 OF the Revised Statutes. in trying to
collect his wages ne was not thereby de-
prived of the right in the first instance to
the ordinary admiralty process against
vessel, on a direct application to the court.
He said that seamen were wards of the
admiralty and could come into court no
matter whether or not they could give
bond for costs. That was a question that
had nothing to do with the case at this
stage.
At the conclusion OF the arguments
Judge Speer refused to grant the injunc-
ton prayed for, and directed the marshal
70 go ahead and seize the boat which will
have the effect of having the cause heard
at Savannah, a complete vindication OF
Mr.. Connollys position. Judge Speers
decision is an indirect opinion that the
new United States commissioners have
jurisdiction under section 4547 OF all such
cases brought before them, whether the
boat is at the dock in Savannah, or at
Brunswick, Darien, or any other place
in the district not closer than three miles
to a United States Judge. 1t will also
prove of great benefit TO river seamen in
adjusting their differences with boat own
ers.
Had the injunction been made perma-
nent. the libelant. and all other seamen
situated as he was, would be obllge to 20
TO Macon, nearly 200 miles away, to bring
suit for wages earned and due Marshal
Barnes will seize the boat to-day. and the
case will come up on its merits at the next
term of the district court, provided il is
not amicably adjusted before then.