The Roanoke

by Henry Billings Brown

United States Supreme Court

189 U.S. 185

The Roanoke

 Argued: December 17, 1902. --- Decided: March 2, 1903

This was a libel in rem for materials, and also for work and labor, alleged to have been furnished by the libellants King and Winge in the repair of the steamship Roanoke, to certain contractors with the owners, who had full charge of the alteration and repair of the steamship. An intervening libel was also filed by one Fraser for labor and material furnished under the same conditions.

The cases resulted in decrees for the libellants, from which the North American Transportation & Trading Company, owner of the steamship, appealed directly to this court, and the following facts were found:

'The North American Transportation & Trading Company appeared as claimant and owner, and the vessel was released upon its stipulation.

'It admitted all the allegations of the libel except that the work was done on the credit of the ship, which it denied except that it admitted that libellants had acted under the belief that they had a lien by virtue of law. It then alleged its incorporation and existence under the laws of the state of Illinois, the residence there at all times of its president and general manager, its maintaining only agencies at Seattle and at other places in Alaska and Canada, and its enjoying a high credit. The Roanoke it alleged to be an ocean-going vessel, registered at Chicago, Illinois, under the navigation laws of the United States, with the name of 'Chicago' painted on her stern. She was alleged to have been purchased by claimant in 1898 on the Atlantic coast, and, upon the Pacific coast since that time, employed between Seattle and the mouth of the Yukon in the summer, and between San Francisco and southern ports in the winter. It was further alleged that the claimant had never given any order for the material and labor described in the libel, and that these were furnished on the order of the contractor, who, before the filing of the libel and without any knowledge by claimant of these unpaid claims, had been paid by this claimant for these materials and labor in full. It was alleged in conclusion that the lien claimed by libellants was claimed under §§ 5953 and 5954 of Ballinger's Code and Statutes of Washington, that such a lien was in this instance void, being in violation of the 8th section of the 1st article of the Constitution of the United States, conferring upon Congress the power to regulate commerce among the several states, was an illegal burden upon interstate commerce, and in violation also of the 14th article of the Constitution of the United States, as depriving claimant of its property without due process of law and without its equal protection, and was in violation of the 2d section of the 3d article of the Constitution conferring on the courts of the United States admiralty and maritime jurisdiction.

'To the intervening libel of Fraser the same answer was made.

'To each of these answers respectively the libellants and intervening libellant excepted as insufficient, and the whole of each, to constitute any answer or defense to the libel.

'The exceptions were sustained, the claimant elected to stand on its answer, and a decree was entered against it and its stipulators for the whole sum claimed in the libels.'

[Argument of Counsel from pages 187-189 intentionally omitted]

Messrs. Harold Preston, Benton Embree, and Clarence S. Preston for appellees.

[Argument of Counsel from pages 189-192 intentionally omitted]

Mr. Justice Brown delivered the opinion of the court:

Notes