Lead Opinion
delivered the opinion of the Court.
This case for sale of a vessel and partition of the proceeds pursuant to a California statute began in the Superior Court of San Diego, the home port of the vessel. The plaintiffs were eight individuals including Edward, Anthony, and Joseph Madruga. The defendant was Manuel Madruga on whom personal service was had by summons. The defendant ownеd a 15% interest and the eight plaintiffs owned undivided interests aggregating 85% in a ship certificated under the maritime laws of the United States. The defendant 15% owner challenged the jurisdiction of the San Diego court on the ground that only the United States district court sitting in admiralty could take jurisdiction to consider such a case. The San Diego court decided it had jurisdiction and was upheld by the State Supreme Court which declined to issue a writ of prohibition.
First. Article III, § 2, of the Constitution extends the judicial power to “all Cases of admiralty and maritime Jurisdiction. . . .” And since the first Judiciary Act, United States district courts have had jurisdiction of all civil cases of “admiralty or maritime jurisdiction . . . .” 28 U. S. C. § 1333. Whether this grants United States
Second. Had Congress simply granted district courts “admiralty or maritime jurisdiction exclusive of the states” California might not have power to ordеr partition of a ship. But Congress did not stop there. It went on in the first Judiciary Act to say “saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it.” 1 Stat. 73, 77.
The proceedings in this California partition case were not in rem in the admiralty sense. The plaintiffs’ quarrel was with their co-owner, not with the ship. Manuel Madruga, not the ship, was made defendant. Thus the state court in this proceeding acts only upon the interests of the parties over whom it has jurisdiction in personam, and it does not affect the interests of others in the world at large, as it would if this were a proceeding in rem to enforce a lien. The California court is “competent” to give this partition remedy and it therefore has jurisdiction of the cause of action.
Third. Petitioner contends that for the California court to entertain this partition suit at the instance of the majority shipowners would run counter to an admiralty rule which is said to permit sales for partition only as between equal interests. Such a national admiralty rule would bind the California court here, even though it has concurrent jurisdiction to grant partition. See Garrett v. Moore-McCormack Co.,
The scarcity of reported cases involving such partition since the Constitution was adopted indicates that establishment of a national partition rule is not of major importance to the shipping world. We can foresee at this
Affirmed.
Notes
The State Supreme Court’s judgment finally disposing of the writ of prohibition is a final judgment reviewable here under 28 U. S. C. § 1257.
“The jurisdiction of courts of admiralty in cases of part owners, having unequal interests and shares, is not, and never has been applied to direct a sale, upon any dispute between them as to the trade and navigation of a ship engaged in maritime voyages, properly so called. The majority of the owners have a right to employ the ship in such voyages as they may please; giving a stipulation to the dissenting owners for the safe return of the ship; if the latter, upon a proper libel filed in the admiralty, require it. And the minority of the owners may employ the ship in the likе manner, if the majority decline to employ her at all. So the law is laid down in Lord Tenterden’s excellent Treatise on Shipping. Abbot on Ship, part 1, chap. 3, sec. 4 to sec. 7. If, therefore, this were a vessel engaged in maritime navigation, the libel for a sale could not be maintained.”
Some have thought that Mr. Justice Story here rejectеd the idea of admiralty jurisdiction to sell ships for partition. But, however that may be, he made it clear in his book on partnership that he believed admiralty courts did have such jurisdiction. Story, Partnership (1st ed. 1841), §439, n. 1.
E. g., The Seneca, Fed. Cas. No. 12,670 (C. C. E. D. Pa. 1829); The Emma B.,
E. g., Lewis v. Kinney, Fed. Cas. No. 8,325 (C. C. E. D. Mo. 1879); The Red Wing,
Tunno v. The Betsina, Fed. Cas. No. 14,236 (D. C. D. S. C. 1857).
E. g., Andrews v. Betts, 8 Hun (N. Y.) 322 (1876); Francis v. Lavine,
Swain v. Knapp,
E. g., Fischer v. Carey,
Citations to eases with these varied holdings are collected in Note 302, 28 U. S. C. A. § 1333,
In England King’s Bench prohibited Admiralty’s exercise of partition jurisdiction in Ouston v. Hebden, 1 Wils. K. B. 101, 95 Eng. Reр. 515 (1745). However, jurisdiction, which extended even to minority share owners, was later given to admiralty by statute. The Admiralty Court Act, 1861, 24 Vict., c. 10, § 8.
For applications of this decision, see, e. g., The Guayaquil,
The 1948 and 1949 revisions of 28 U. S. C. § 1333 amended the above clause. It now reads: “. . . saving to suitors in all cases all other remedies to which they are otherwise entitled.” We take it that this change in no way narrowed the jurisdiction of the state courts under the original 1789 Act.
Title 46 U. S. C. In particular see: § 11, limiting United States ship registration to ships owned by United States citizens or United States corporations having only citizens as officers (from Act of Dec. 31, 1792, c. 1, § 2, 1 Stat. 288); § 25, prescribing a form for registra
46 U. S. C. § 34 provides for registration of vessels sold under process of law where the former owner retains the ship’s registration, upon the new owner’s meeting the legal requirements for registry (from Act of Mar. 2, 1797, c. 7, 1 Stat. 498).
It is noteworthy that Congress has explicitly placed partition actions under federal jurisdiction only where the United States is a tenant, 28 U. S. C. §§ 1347, 2409. Partition of real estate belonging to Oklahoma Indians has been made subject to state laws, 25 U. S. C. § 355.
“The rule of the civil as of the common law, that no one should be compelled to hold property in common with another, grew out of a purpose to prevent strife and disagreement: Story’s Eq. sec. 648; and additional reasons are found in the more modern policy of facilitating the transmission of titles and in the inconvenience of joint holding.” Caldwell v. Snyder,
Dissenting Opinion
dissenting.
For one reason or another, eight co-owners having eighty-five percent interest in a vessel wished to terminate the enterprise but found the present petitioner, owner of the remaining fifteen percent, opposed to sale. Accordingly they asked a California State court for judicial sale of the vessel and appropriate distribution of the proceeds among all the owners. This is the only claim the plaintiffs made. There was no claim to enforce a personal right against the petitioner; no claim of any sort for which the levy on the ship as security was sought for some personal obligation owing from the petitioner. The jurisdiction of the State court was invoked exclusively for the sale of a vessel.
If this is not an action against the thing, in the sense in which that has meaning in the law, then the concepts of a res and an in rem proceeding have an esoteric meaning which I do not understand. From the tеrms of the complaint for partition through the opinion of this Court authorizing the State court to grant it, there is not the remotest suggestion that we are dealing with a remedy to enforce a separate underlying personal claim. Here the ship’s the thing — not a claim outside the ship for which an ancillary remedy against the ship is sought. Cf. Knapp, Stout & Co. v. McCaffrey,
Of course State courts are free to give the relief here sought, if admiralty has not jurisdiction of a libel for partition. State law would then not be encroaching upon the admiralty jurisdiction of the federal courts. Whether admiralty has such jurisdiction, except when the contest over the use of the vessel is between owners whose interest is equally divided, has not been adjudicated by this Court, and the learning on the subject is not compelling. The problem has received its fullest consideration in Fischer v. Carey,
The Supreme Court of California in sustaining the State’s power which it had denied in Fischer v. Carey did not overrule that case. It reached the result it did, because it found that the “saving clause,” descended from the First Judiciary Act, 1 Stat. 73, 77, had been drastically modified by the 1948 revision of the Judicial Code. 28
Once it is established that the federal courts have jurisdiction and that the remedy here sought in a State court has “all the essential features of an admiralty proceeding in rem,” The Hine v. Trevor,
From the admiralty clause of the Constitution, this Court has drawn probably greater substantive law-making powers than it exercises in any other area of the law. See, e. g., The Osceola,
Fischer v. Carey was recently followed in Cline v. Price,
The original “saving clause” read: “saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it.” 28 IT. S. C. § 1333 now reads: “saving to suitors in all cases all other remedies to which they are otherwise entitled.”
