enforcing State lien for necessaries furnished in home port, but holding same not a maritime lien; The Raleigh, 2 Hughes, 48, 49, F. C. 11,539, enforcing State lien for home supplies; Schultz v. Bosman, 5 Hughes, 101, F. C. 12,488, upholding admiralty jurisdiction to enforce libel in personam, irrespective of existence of lien for supplies; The George T. Kemp, 2 Low. 479, 480, F. C. 5,341, holding admiralty will enforce lien given, notwithstanding presence of owner, by State law; The Revenue Cutter, No. 2, 4 Sawy. 153, F. C. 11,714, enforcing Hen for supplies furnished cutter be fore she passed to government; The Hiawatha, 5 Sawy. 162, F. C. 6,453, holding State lien of domestic materialman prevails over that of prior mortgagee; Holmes v. Oregon, etc., Ry., 6 Sawy. 272, 5 Fed. 83, holding statutory right to recover damages for death, enforceable in admiralty; The Canada, 7 Sawy. 185, 7 Fed. 733, holding State Hen of domestic materialman prevails over prior mortgage, whether statute so provides or not; The City of Salem, 7 Sawy. 479, 10 Fed. 845, enforcing State lien of laborers; The Oregon, 14 Sawy. 464, 45 Fed. 77, holding, under Oregon law, administrator has lien on vessel for damage from death of intestate, caused by marine tort; The Bradish Johnson, 3 Fed. Cas. 1134, and The Theodore Perry, 23 Fed. Cas. 911, both holding State lien for home supplies outranks mortgage; Reyley v. The Carrie Brooks, 20 Fed. Cas. 581, but holding mortgage took precedence over subsequent State liens, under State law; The St. Joseph, 21 Fed. Cas. 178, holding District Court proper forum for enforcement of lien created by State; In re Transportation Co., 5 Fed. 609, 613, holding admiralty bound to recognize property rights established by States; The General Tompkins, 9 Fed. 621, recognizing lien given by Missour! statute; The Two Marys, 16 Fed. 700, holding shipwright may acquire Hen under State statute; The J. F. Warner, 22 Fed. 345, holding State lien for breach of executory contract enforceable in personam in admiralty; The Venture, 26 Fed. 287, holding State llen against domestic vessel precedes mortgage recorded under act of Congress; The Sylvan Stream, 35 Fed. 315, enforcing State lien for home supplies; The Wyoming, 35 Fed. 549, 550, holding State llen for labor of equal dignity with like foreign liens; Clyde v. Steam Transp. Co., 36 Fed. 502, 1 L. R. A. 794, holding State supply lien entitled to precede prior mortgage; The Madrid, 40 Fed. 680, 681, holding State supply lien ranks equally with lien for foreign supplies; Wishart v. The Jos. Nixon, 43 Fed. 926, holding towboatkeeper's services maritime, and State lien therefor enforceable in admiralty; The Manhattan, 46 Fed. 798, 799, enforcing State lien for materials furnished in constructing vessel; The Louis Olsen, 52 Fed. 653, enforcing master's Hen for wages, provided by California code; The Samuel Marshall, 54 Fed. 400, 6 U. S. App. 389 (affirming S. C., 49 Fed. 756, 758, 759, in C. C. A.), and The City of Norwalk, 55 Fed. 106, holding action in personam for damages for per

sonal injuries, permitted by local law, within admiralty jurisdic tion; Bigelow v. Nickerson, 70 Fed. 119, 34 U. S. App. 261, 30 L. R. A. 340, enforcing Wisconsin statute as to actions for death by negligence; The Willamette, 70 Fed. 880, 44 U. S. App. 26, 31 L. R. A. 720, holding representatives of passengers killed in collision may sue in admiralty, where State permits such actions; The Iris, 88 Fed. 906, 908, holding principles of maritime law applicable to liens on foreign vessels, should be applied to statutory liens; The Del Norte, 90 Fed. 509, holding local lien laws not amendments of general maritime code, but to be upheld as aids to commerce; The Sappho, 94 Fed. 551, reversing S. C., 89 Fed. 373, enforcing State lien for repairs in home port; State v. Cox, N. J. L. 44 Atl. 206, contract for repairs in home port not cognizable in State tribunal; Warren v. Kelley, 80 Me. 524, 525, 530, 15 Atl. 50, 53, upholding power of State to create lien, based on maritime contract; Steamer Petrel v. Dumont, 28 Ohio St. 610, 611, 618, 22 Am. Rep. 399, 400, 406, holding State lien for repairs to domestic vessel, unenforceable in rem in State courts only; The Willapa, 25 Or. 73, 76, 34 Pac. 689, 691, and Weston v. Morse, 40 Wis. 459, both holding State may create lien for domestic supplies, but remedy must be sought in Federal courts; dissenting opinion in Wabash, etc., R. R. v. Illinois, 118 U. S. 585, 30 L. 254, 7 S. Ct. 18, majority holding State law prohibiting rate discrimination, void.

Cited, arguendo, in Waterbury v. Newton, 50 N. J. L. 539, 14 Atl. 607, upholding statute punishing sale of oleomargarine. Cited generally in Brown v. Houston, 114 U. S. 631, 29 L. 260, 5 S. Ct. 1096, as to power of States to regulate commerce in absence of congressional action; The Eliza Ladd, 3 Sawy. 521, F. C. 4,364, as to what constitutes maritime contract; The De Smet, 10 Fed. 483, as to priority of liens over mortgages; Louisville, etc., R. R. v. Railroad Commission, 19 Fed. 712, as to State regulation of commerce; Gould v. Jacobson, 58 Mich. 291, 25 N. W. 196, holding mortgagee of vessel sold by Admiralty Court, without obtaining jurisdiction, may bring replevin against purchaser. Cited in 27 Am. St. Rep. 555, note, on State regulation of commerce.

Cited, but not applied, in The Schooner Columbus, 5 Sawy. 488, 489, F. C. 3,044, holding no lien existed by State law; The John T. Moore, 3 Woods, 64, F. C. 7,430, and The Caral, 4 Woods, 29, 50 Fed. 223, lien not having been recorded as provided in State law creating same; The Rapid Transit, 11 Fed. 327, 328, no lien existing under State law. Distinguished in The Kate Hinchman, 6 Biss. 369, F. C. 7,620, affirmed in Circuit Court, S. C., 7 Biss. 239, F. C. 7,621, holding State lien for home supplies, inferior to maritime mortgage; Underwriters' Wrecking Co. v. The Katie, 3 Woods, 186, F. C. 14.342, postponing State lien to subsequent mortgage; Baldwin v. The Bradish Johnson, 3 Woods, 585, 586, F. C. 798, holding State cannot create lien which shall have priority over one already

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existing by act of Congress; McCaskey v. The Coal Bluff, No. 2, 15 Fed. Cas. 1260, 1261, holding admiralty jurisdiction does not extend to claim of builder's lien, work being done ashore; The Brig F. A. Barnard, 2 Fed. 721, holding maritime liens for foreign supplies outrank statutory lien for home supplies; The Sylvan Glenn, 9 Fed. 336, holding State statute cannot create maritime lien for damages for death from marine tort; The Kingston, 23 Fed. 203, dismissing libel created by State law for non-maritime contract; Welsh v. The North Cambria, 39 Fed. 616, holding lien cannot be created for damages from personal injuries received by one loading vessel; The Lyndhurst, 48 Fed. 841, 842, holding State lien not applicable to foreign vessels on which maritime lien existed for same supplies; Lighters Nos. 27 and 28, 57 Fed. 666, 15 U. S. App. 236, dismissing libel, under State lien, where supplies were not furnished on credit of vessel; The Unadilla, 73 Fed. 351, holding holder of State lien, unenforceable by admiralty process, can share proceeds of sale only after satisfaction of maritime liens. Qualified in The Howard, 29 Fed. 604, and The Electron, 74 Fed. 693, 694, 695, 45 U. S. App. 16, both holding State cannot confer lien in home port, unless supplies are furnished on vessel's credit; The Westover, 76 Fed. 383, holding State liens merely operate to render rebuttable, presumption that credit was given owner personally.

Admiralty. States cannot exclude contracts for furnishing necessaries to vessel in home port from domain of admiralty jurisdiction, or confer jurisdiction on State courts to proceed ir rem for enforcement of liens created by State laws, such being enforceable by common-law remedies only, p. 580.

Cited and principle applied in Watts v. Camors, 115 U. S. 362, 29 L. 409, 6 S. Ct. 95, holding charter clause as to stipulated damages, to be interpreted according to general maritime law, not State rule; The Glide, 167 U. S. 619, 620, 622, 42 L. 300, 301, 302, 17 S. Ct. 934, 935, reversing S. C., 157 Mass. 526, 528, 34 Am. St. Rep. 306, 308, 33 N. E. 163, 164, holding enforcement in rem of State lien exclusively within admiralty jurisdiction; The Minnie R. Childs, 10 Ben. 556, F. C. 9,640, holding State statute, providing remedy in rem in State court, unconstitutional; The Illinois, 2 Flipp. 416, F. C. 7,005, holding Admiralty Courts will enforce in their own way whatever rights State statutes create; Endner v. Greco, 3 Fed. 412, holding suit in personam, for supplies furnished domestic vessel, within admiralty jurisdiction; Gindele v. Corrigan, 129 Ill. 588, 16 Am. St. Rep. 295, 22 N. E. 517, but holding attachment of vessel, in common-law action, does not render proceeding in rem; Hayford v. Cunningham, 72 Me. 133, holding State courts have no jurisdiction over proceeding in rem. to enforce supply lien; Warren v. Kelley, 80 Me. 529, 15 Atl. 53, holding State, by creating lien, cannot confer jurisdiction on its courts to enforce same; McDonald v. The Nimbus, 137 Mass. 363, denying power of State court to en

force State len for repairs; The Willapa, 25 Or. 75, 34 Pac. 690, denying power of State court to enforce State lien by proceeding in rem; State v. Cox, N. J. L. -, 44 Atl. 206, contract for repairs in home port not cognizable in State tribunal; dissenting opinion in Atlantic Works v. Tug Glide, 157 Mass. 530, 533, 33 N. E. 165, 166, 34 Am. St. Rep. 309, 310, note, denying power of State court to enforce State lien in rem, majority contra.

Qualified in Shearer v. City Bank, 115 Ala. 362, 22 So. 153, holding State courts may enforce State liens on contracts for which general maritime law confers no lien; Crescent City, etc., Co. v. Simpson, 77 Cal. 289, 19 Pac. 427, holding State jurisdiction concurrent where common-law remedy is sought; Burke Mfg. Co. v. The Saltzman, 42 Mo. App. 91, 92, holding State lien for home supplies, enforceable in State court.

Admiralty.-Jurisdiction of District Court over admiralty questions is exclusive, p. 580.

Cited and applied in Moran v. Sturges, 154 U. S. 276, 38 L. 988, 14 S. Ct. 1025, holding State court lacks jurisdiction in personam over libellant proceeding in District Court; The John Cuttrell, 9 Fed. 778, holding sale of ship, under State law, cannot destroy maritime lien thereon; United States v. Burlington, etc., R. R., 21 Fed. 337, 342, holding State laws, creating jurisdiction in rem, to enforce maritime liens, void; The Lyndhurst, 48 Fed. 841, holding State statute incompetent to impart superior attributes to State liens over maritime liens; The Cerro Gordo, 62 Conn. 579, 584, 54 Fed. 392, 395, holding seamen's lien enforceable, despite their prior recovery of judgment in State court; The Willamette Valley, 62 Fed. 296, holding maritime liens enforceable in admiralty, against ship, in possession of receiver appointed by State court; Haller v. Fox, 51 Fed. 299, holding action on bond, on contract to hire and manage steamboat, within admiralty jurisdiction.

Admiralty. Under power of Admiralty Court, to distribute surplus proceeds, on sale of libelled ship, to all showing vested interest therein, same may be paid to holder of mortgage, to secure debt, not founded on maritime contract, although such a creditor may not file a libel therefor, p. 583.

Cited and principle applied in The Illinois, 2 Flipp. 432, F. C. 7,005, holding sole right of mortgagee in admiralty, is to claim surplus proceeds of sale; Petrie v. Tug Coal Bluff, No. 2, 3 Fed. 534, holding claimant may petition for satisfaction of claim from fund in admiralty register, although not entitled to sue in admiralty; The Guiding Star, 9 Fed. 524, holding mortgage on ship can only be treated as a legal lien; S. C., 18 Fed. 267, holding maritime outrank non-maritime liens; The E. V. Munday, 22 Fed. 174, holding surplus, after sale under libel, may be distributed to mortgagees; The Wyoming, 37 Fed. 543, holding surplus

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cannot be awarded to general creditor, as against mortgagees; The Templar, 59 Fed. 208, holding court has power to pay claims for repairs, out of surplus; The Advance, 63 Fed. 706, holding mortgagee, on default in mortgage, before appointment of receiver, has vested interest, within rule; The Katie O'Neil, 65 Fed. 113, holding Admiralty Court, having surplus funds from sale of vessel, may entertain mortgage claims, passing on validity thereof; The Elmbank, 72 Fed. 611, holding equitable assignment of portion of fund, enforceable in admiralty; Steam Dredger, No. 1, 87 Fed. 763, holding foreman on dredge entitled to lien for wages, which must be satisfied in distribution of surplus; arguendo, in The Dora, 34 Fed. 847.

Distinguished in The J. E. Rumbell, 148 U. S. 15, 17, 37 L. 348, 349, 13 S. Ct. 501, 502, holding valid State lien for materials furnished in home port, takes precedence over prior mortgage; The Alice Getty, 2 Flipp. 19, 21, F. C. 193, holding mortgage lien postponed to maritime liens; Miller v. The Peerless, 45 Fed. 493, refusing to adjudicate mortgagor's claim for damages against mortgagee; The Balizi, 52 Fed. 415, refusing to distribute surplus to creditors having no vested interest therein; The Willamette Valley, 76 Fed. 841, 843, 847, 854, and In re Forsyth, 78 Fed. 304, both holding creditor, under judgment of State court, has no lien on surplus proceeds.

Maritime liens.-Materialmen have lien on ship for supplies furnished her in her home port, per Clifford, J., dissenting, pp. 583-609.

Cited in The Albany, 4 Dill. 447, F. C. 131, and The Red Wing, 5 McCrary, 123, 124, 14 Fed. 870, 871, 872, criticising ruling of majority.

Admiralty. Term "foreign port" includes all maritime ports other than those of State to which vessel belongs, per Clifford, J., dissenting, pp. 594-609.

Cited in The Albany, 4 Dill. 444, F. C. 131, holding, whether vessel is foreign or domestic, depends on owner's residence; The Cumberland, 30 Fed. 451, holding every port in vessel's State a home port, all others foreign; Endner v. Greco, 3 Fed. 413, holding contract for repair of scow is maritime.

Miscellaneous.- The Albany, 4 Dill. 440, F. C. 131, and Britton ▼. The Venture, 21 Fed. 928.

21 Wall. 609-616, 22 L. 687, NATIONAL BANK v. COLBY.

Bankruptcy. Property of national bank, organized under act of 1864, cannot be attached by individual creditor, after insolvency, so as to defeat claim of subsequently-appointed receiver, p. 612.