Page:Federal Reporter, 1st Series, Volume 4.djvu/590

 676 FEDEBAIi BEPOBTEB. �on the demarrage was not allowable. The opinion of the chief justice also contains the following language : "As to interest on the sum allowed for demurrage, I think under the circumstanees it was properly rejected. The amount allowed is suffioient, under the circumstanees, to cover inter- est to the date of the report." This language, taken in con- nection with express affirmance of the ruling that interest upon demurrage was not allowable, at the most inïports nothing more than that the allowance of interest upon de- marrage is in the discretion of the court, in view of ail the circumstanees. It thus appears that there is no decision binding upon this court which can be considered an authority for the allowance of interest on demurrage; and with ail my respect for the opinion of the judge of the southern district, I am unable to see that it is my duty to change the practice hitherto pursued in this court. I may add that, if interest on demurrage is to be allowed in the discretion of the court, the present is a case for its disallowance, because of the unreasonable delay on the part of the libellant to bring his cause to trial, and the hardship that in this case bas resulted therefrom. �The libellant's second exception is allowed, and the others disallowed. The claimant's exception as to allowance of interest is allowed. and the others disallowed. ����