Ex parte United States
Supreme Court of the United States
PETITIONS FOR WRITS OF PROHIBITION AND/OR MANDAMUS. Petitions by the United States for writs of prohibition and mandamus to prevent. District Courts from exercising jurisdiction in three proceedings in rem for collisions that occurred while the vessels libeled were owned absolutely or pro hac vice by the United States and employed in the public service.. The vessels were all of distinctively public status when the collisions occurred.
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PETITIONS FOR WRITS OF PROHIBITION AND/OR MANDAMUS. Petitions by the United States for writs of prohibition and mandamus to prevent. District Courts from exercising jurisdiction in three proceedings in rem for collisions that occurred while the vessels libeled were owned absolutely or pro hac vice by the United States and employed in the public service.. The vessels were all of distinctively public status when the collisions occurred. Section 9 of the Shipping Act has- not waived the immunity of the United States or its vessels from suits in rem for losses arising while they are employed in…
1Concurrence
Mr. Justice McKenna,
with whom concurred-
Mr. Justice Day and Mr. Justice Clarke, dissenting.
The question in the cases is without complexity, and the means of its solution ready at hand. The question is, What is the law applicable to colliding vessels and what remedy, is to be applied to the offending one, if there be an offending one? .The question, I venture to say, has unequivocal'answer in a number of decisipns of this court if. they be taken at their word. And why should they *435not be? That they have masqueraded in a double sense, cannot be assumed; that they have.successively justified…
2Cases cited26 opinions
- Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
- The LottawannaSupreme Court of the United States · 1875
- Workman v. New York CitySupreme Court of the United States · 1900
- The ChinaSupreme Court of the United States · 1869
- The J. E. RumbellSupreme Court of the United States · 1893
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