Page:Federal Reporter, 1st Series, Volume 2.djvu/727

 720 FEDERAL REPORTER. �and prlnciples prevailing in this country respecting maritime liens. �In view of the high authority of these cases, and the jus- tice of the principles they promulgate, I think The Pathfinder (granting that it is understood) should be treated as a mis- take, and be disregarded. I feel the less hesitation in adopt- îng this conclusion, in consequence of the presence of Circuit Judge McKennan at the argument, (who kindly consented to sit with me, that the benefit of his judgment might be had without an appeal,) and his concurrence in this opinion. �Had we here only the Philadelphiai creditors, the decision of this question 'would have been unnecessary; as their liens depend on the local statute, they can claim only what it gives. And it expressly provides that if the proceeds of the vessel "shall not be sufficient to satisfy ail the liens, the same shall be paid pro rata." The federal courts, in enforeing such liens, must necessarily look to the statutes out of whieh they grow to ascertain the rights of claimants. The claim of Thurlow & Son, however, for supplies furnished in a foreign port, renders a decision of the question necessary. These gentlemen, as appears by what has been already said, obtain no advantage by means of their early attachment; and in consequence of the supplies having been furnished for a pre- vious voyage, their lien is inferior to that of the Philadelphia creditors. They cannot, therefore, participate with them in the distribution. �We agree with the commissioner respecting the claim of Mr. Wilson, and disallow it for the reasons he states. �AU the exceptions are dismissed, saving the second, filed on behalf of Clark Merehant, which is sustained. The report of the commissioner must be reformed accordingly. �JtJNE 3, 1880. While engaged in writing the foregoing opinion, I was impressed with a belief that the statutory liens should be treated as subordinate to the maritime lien of Thur- low & Son, although the latter is on account of a prior voyage; but as the point was not made before the commissioner nor ����