Legal Opinion

Williams v. The Welhaven

District Court, S.D. Alabama

Decided October 8, 1892PublishedCited by 13 opinions

In Admiralty. . Libel in rem and in personam. Henry Williams, a citizen of the United States, filed a libel for damages and for wages against the Norwegian steamship Welhaven and her master, claiming that he shipped at Mobile for a round voyage to Tampico, and that on bis arrival in Mobile bay, on the return trip, he was put ashore, manacled, and finally discharged at Mobile, without full pay.

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In Admiralty. . Libel in rem and in personam. Henry Williams, a citizen of the United States, filed a libel for damages and for wages against the Norwegian steamship Welhaven and her master, claiming that he shipped at Mobile for a round voyage to Tampico, and that on bis arrival in Mobile bay, on the return trip, he was put ashore, manacled, and finally discharged at Mobile, without full pay. The Norwegian consul at Mobile, William H. Leinkauf, interposed by petition, setting out that this was a matter within his consular jurisdiction, and that he was engaged at the timé the libel was filed…

1Opinion of the Court

TOULMIN, District Judge.

It has been held that, where an act of congress is in conflict with a prior treaty, the act must control, since it is of equal force with the treaty and of later date, (Steamship Co. v. Hedden, 43 Fed. Rep. 17;) hence the contention of libelant’s counsel could be sustained if the statute which he invokes in this case (Rev. St. §§ 4079-4081) was in conflict with the treaty between the United States and Norway and Sweden, which must govern the action of the court in the matter under considera*81¿Ion, or if such statute had any application to the case at all. But my opinion…

2Cases cited2 opinions

  1. In Re RossSupreme Court of the United States · 1891
  2. The Elwine KreplinU.S. Circuit Court for the District of Eastern New York · 1872

3Cited by13 opinions

  1. Alcoa Steamship Co. v. M/V Nordic RegentCourt of Appeals for the Second Circuit · 1978
  2. Alcoa Steamship Company, Inc. v. M/V Nordic RegentCourt of Appeals for the Second Circuit · 1980
  3. The Bound BrookDistrict Court, D. Massachusetts · 1906
  4. The EsterDistrict Court, E.D. South Carolina · 1911
  5. The BakerDistrict Court, E.D. New York · 1907

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