Page:Federal Reporter, 1st Series, Volume 2.djvu/722

 THE BRIG E. A. BABNARD. 715 �commissioner refused to allow the claitns of Eobert M. Wil- 8on and Grace & Linderman, on the ground that their serv- ices gave them no maritime lien. �With regard to the claim of Baring Bros. & Co., he re- ported that the instrument given to them was not a hottomry bond; that their advancea, under the circumstances, gave them no maritime hen, and that by the application of their ■ money to the previous advances made by Stetson & Co. they acquired no lien by subrogation as against the other attach- ing creditors. �To this report exceptions were filed by Thurlow & Sons, Merchant & Co., Wilson, Grace & Linderman, and Baring Bros. & Co. �Edward F. Pitgh and James B. Roney, for Thurlow & Sons. �Henry O. Ward and Henry Flanders, for Merchant & Co. �Edward F. Pugh, for Eobert M. Wilson. �John A. Toomey, for Grace & Linderman. �Henry R. Edmunds, for Baring Bros. & Co. �Butler, D. J. The exception filed by Grace & Linderman, stevedores, must be dismissed. I agree with the learned com- missioner that such services do not create a lien. This view is, I believe, consistent with the uniform praotice in this dis- trict, and with ail the American cases, except that of The George T. Kemp, 2 Lowell, 477, in which the vessel was held to be foreign, and the decision put on that ground. As is said in The A. R. Dunlap, 1 Lowell, 350, the reason given for holding that such contracts are not maritime is not satisfac- tory, because the contracts of material men are not more so. But liens are allowed in such cases because the materials and supplies enable the vessel to make her voyage. The other reason assigned — that the cargo is a collateral matter, and not a part of the vessel's necessary equipment — is more to the purpose, though not entirely satisfactory, either, because the vessel cannot be used to advantage without a cargo. But, says Judge Lowell in this case : "It is important to adhere to the decisions, and I shall foUow them in this respect, though 1 doubt their application to a foreign vessel." Subsequently, in The George T. Kemp, the same distinguished judge, as hae ����