The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-07-02
NEW RULE IN
ADMIRAL II LAW
Extension of Jurisdiction as
Laid Down by the
Highest Tribunal.

The case of the United States gov
eminent VS.. the, British steamship
Blackheath, in admiralty in the Uni
ted States District Court, IS now being
heard on its merits. It is one of the
famous admiralty cases for the reason
that in its preliminary stages, on an
exception as to Jurisdiction the u. S.
supreme court overthrow old rulings
and established extended jurisdiction
for the admiralty court.
In 1908 the steamship Blackheath
ran into Beacon No. Z in Mobile ship
channel destroying same The acci-
dent occurred at time when an
Italian bark was aground near the
scene, the BIackheath endeavoring TO
avoid the stranded vessel. The federal
government called upon the owners of
the steamship to pay the damage,
about S11O0. They declined and the
government libelled the steamer.
Attorneys for the owners of the
Blackheath demurred to the libel that
it was not an admiralty case, because
the beacon was fastened to the soil
and there was not floating. Judge
ToumIin sustained the demurrers and
the government took the case to the
United States supreme court. That
court overruled the decision of the
lower court likewise all former de-
cisions of the admiralty. court.
It is regarded as onerof the most
remarkable cases in the history of
the admiralty court and concerning
which United States District Attorney
Armbrecht said today:
THE attorneys for the Blackheath
demurred TO the libel on the ground
that the admiralty courts had no juris-
diction, setting up that the Beacon
was attached to the soil under the bay
and was therefore part OF the
realty. The trial court, relying on the
decision of the Supreme Court OF the
United States as they then existed,
sustained the demurrer. The govern
ment appealed the case to the SUI
preme court of the United States, and
that court, in an opinion by Mr.. JUS
tice Holmes, reversed the decision OF
the trial court, and practically over
ruled all their former decisions, in
Guiding the celebrated Rock Island
Bridge case. and the celebrated case
of The Plymouth.
''Mr. Justice Brown wrote a sepa-
rate opinion in the case, in which he
agreed with the majority in the con-
illusions of the court, but stated par
ticularly that he accepted the case as
practically overrUling all the former
cases, and as recognizing the princi-
pie adopted by the English admiralty
court jurisdiction act OF 1851 extend
ing the Jurisdiction of the admiralty
court to any claim for damages by any
ship.
The Blackheath case is now one
of the leading cases on admiralty jul
risdiction and has greatly increased
the number of cases which can be
tried by the admiralty court, and has
done away with nice distinctions OF
Jurisdiction, which have bother ed the
admiralty courts of the country for
more than fifty years.
Under the old law" said the dis
trict attorney, IF a seaman was upon
yard arm OF a vessel and it were to
break precipitating him to the deck
of the vessel. then he could sue in
admiralty, but, on the other hand If
he fell from the yard arm to the
wharf then the vessel could not be
sued in admiralty, but in a court OF
common law"
The case is now upon its merits,
and the decision will be awaited with
keenest interest in legal circles. An
array of legal talent has been retained
by the defendants.-MObile Item.