108 F. 968 | D. Or. | 1901
Tlie libel in this case alleges that about the 15th day of November, 1900, one R. A. Graham was in the .possession and control, under time charter with the owners, of the steamer Universe, and on said date chartered said steamer unto Pope & Talbot to take a cargo of lumber from Puget Sound, in the
“The law creates no lien on a vessel as a security for the performance •of a contract to transport a cargo until some lawful contract of affreightment is made, and the cargo to which it relates has been delivered to the custody of the master, or some one authorized to receive it.”
The cases cited in behalf of the libelant are to the same effect. The case of The G. L. Rosenthal (D. C.) 57 Fed. 251, was a case where there was an agreement to tow libelant’s boat on her various voyages throughout an entire season, and where there was an abandonment of this contract near the end of the season. It was held that the contract was not a separate contract for independent voyages, but a contract for services during the entire season, and so the case was one where the contract had been entered into and partly» executed.
It is contended further on the part of the libelant that, inasmuch as it was provided in the charter party that the ship should go to Puget Sound, and take a cargo of lumber therefrom, the contract was one to be performed within the district of Washington, and the libelant is entitled to have the remedies provided for by the laws of that state applied as a part of the contract between the parties. But the breach complained of did not take place in the state of Washington, and, the offending vessel never having been within the jurisdiction of that state, no lien is created in virtue of its laws. Moreover, state legislatures have no authority to create maritime liens. The Belfast, 7 Waff. 644,19 L. Ed. 266. The exceptions to the libel are allowed.