Mack Engineering & Supply Co. v. United States

LEARNED HAND, District Judge.

The exception seems to me well taken. The language of section 2 is not “provided that such vessel was at the time when the lien or obligation arose employed as a merchant vessel,” but “provided that such vessel is employed,” etc.

Section 9 of the act of 1916 (39 Stat. 730, c. 451; Comp. St. § 8146e) was certainly drawn with that intent; there the language was, “such vessels, while employed solely as merchant vessels shall be subject,” etc. One can see .why this should have been the case under that act, because it might well have been the purpose of Congress not to…