Page:Federal Reporter, 1st Series, Volume 3.djvu/241

 234 FEDERAL REPORTER. �marine a double character, national in one respect and local in another. �I am aware of the fact that many decisions have been made in cases of this kind, upon the precise question upon which I have to pass, to the effect that the lien of a creditor from another state is entitled to preference over the lien of the home creditor. It has been well determined by the suçreme court of the United States, and by ail the courts, that under the general admiralty law — foUowing the English law in that respect — there is no lien for supplies furnished in a home port. But the court has stated that it is competent for the states to legislate and give a lien; and the states of Ohio and Michigan have so legislated, and have given that lien. The supreme court has decided, further, that this lien can only be enforced through the federal tribunals. �There are different grades attached to admiralty liens. A material man is always ranked by a salvor or by a seaman ; but the creditors who are protesting here, as I understand the facts, are claiming for supplies furnished, and the question is whether a state can give a lien, and if in point of fact the states have given a lien. If they have, that lien, under the decision of the supreme court, can only be enforced through the federal court, exercising its admiralty jurisdiction. And the question is, is there any reason left for drawing a dis- tinction between these classes of claimants, giving the prefer- ence to one who has acquired a lien under the general admi- ralty law, over one who has acquired a valid lien under the state law ? The weight of authority — that is, the greater num- ber of decisions that have been made upon this question — is decidedly in favor of the decree rendered by the district court. There ar» decisions, however, the other way. This particular question bas never been decided by the supreme court. The doctrine whieh had been established by the majority of the adjudications of the minor courts would, in my judgment, lead to a good deal of injustice, conflict, and confusion. Sit- ting as a federal judge in the state of Michigan, administer- ing law for the oitizens of Michigan, it would seem to be the first duty of th» court, if it made any distinctions, to take ����