Court : US Supreme Court
..... by petitioner were delivered on february 27, 1946, and march 11, 1946, respectively, one just before and the other just after the date (march 8, 1946) of the merchant ship sales act of 1946, 60 stat. 41, as amended, 50 u.s.c.app. 1735 et seq. (1958 ed.), and thus were not chartered to the government before the ..... gave american citizens the right to purchase warbuilt ships from the united states as statutory sales prices which were substantially below the prices at which ..... 13,430,431 in charter hire to petitioner for the wartime use of these ships during the years 1942 through 1946, which amount petitioner reported in its federal income tax returns for those years. on march 8, 1946, congress enacted the merchant ship sales act of 1946, 60 stat. 41, as amended, 50 u.s.c.app. 1735 et seq. (1958 ed.), which .....
Tag this Judgment!Court : US Supreme Court
..... harlan delivered the opinion of the court. this case presents the claim that the maritime commission exceeded its statutory authority under 5 of the merchant ship sales act of 1946, 60 stat. 43, as amended, 50 u.s.c.app. 1738, by "(1) including in its contract with petitioners [ footnote 1 ] for the bareboat charter of ..... interpretative aids," neither singly nor in conjunction, could lead to an affirmance here if it were clear that the commission's action contradicted the requirements of the merchant ship sales act of 1946. however, they are consistent with, and lend support to, what we believe to be the most sensible view of the statutory framework. according to ..... 308; 64 stat. 1276, 1277. [ footnote 6 ] hearings before the subcommittee on ship sales, charters, and lay-ups, house committee on merchant marine and fisheries, 80th cong., 1st sess. (1947). [ footnote 7 ] section 714 of the 1936 act, 49 stat. 2011, as amended, 46 u.s.c. 1204, does provide for negotiated rates of charter hire if .....
Tag this Judgment!Court : US Supreme Court
..... ] and in the chancellor, [ footnote 7 ] decided in 1861. all these decisions were made before the passage of the merchant shipping amendment act, which took effect on the 1st day of june, 1863. by that act, the same rules in regard to lights and movements of steamers and sailing vessels on the high seas were adopted as those which ..... sunk and totally lost. on the 9th of january, 1863, a british order in council, authorized by virtue of the merchant shipping amendment act of july 29, 1862, 25 and 26 victoria, made a body of "regulations for preventing collisions at sea." among these were "rules concerning lights ..... shall keep out of the way of the sailing ship." all these regulations, as originally promulgated by great britain, were made applicable to all ships, whatever their nationality, within the limits of british jurisdiction, and to british and french ships whether within british jurisdiction or not. the merchant shipping amendment act, in virtue of which these regulations were passed, .....
Tag this Judgment!Court : US Supreme Court
..... of 1862 extended the provisions of the prior acts to foreign page 152 u. s. 128 as well as british ships, and to cases of loss of life or personal injury, as well as damage or loss to ..... some difficulties encountered in determining at what point of time the value of the ship should be taken, and to establish a more uniform and equitable method of limiting the liability of the owner, the merchant shipping amendment act ..... its nature and value were disclosed. in all these statutes, the liability of the owner was limited to his interest in the ship and freight for the voyage. by section 505 of the merchants' shipping act of 1854, freight was deemed to include the value of the carriage of goods, and passage money. owing, probably to .....
Tag this Judgment!Court : US Supreme Court
..... departure from them necessary in order to avoid immediate danger." the code, however, is supposed to make provision for all ordinary cases. it originated in the english merchant shipping amendment act of 1862, the twenty-fifth section of which provided for the adoption by order in council of certain rules and regulations for preventing collisions at sea, requiring the ..... stipulation was taken. this was held to be error, the court saying that, insofar as the seventy-two bales were concerned, either party was authorized to make amendments, or introduce new evidence, in order to support his title in the appellate court. but the libelant could not introduce a new subject of controversy by bringing into ..... as it applies to the high seas, was not repealed by article 11 of the act of march, 1885, c. 354, 23 stat. 440, which requires that "a ship which is being overtaken by another shall show from her stern to such last-mentioned ship a white light or page 158 u. s. 201 flare-up light." the failure .....
Tag this Judgment!Court : US Supreme Court
..... 1791 (31 geo. iii, c. 39), and were subsequently added to and amended by the acts of 5 & 6 wm. iv, c.19, and 7 & 8 vict., c. 112. the modern law of england is full and explicit upon the duties and responsibilities of seamen. by merchants' shipping act 1854, 17 & 18 victoria, c. 104, section 243, a seaman guilty of desertion might be summarily ..... authorizing the master to call upon the police officers or constables to convey deserting seamen on board their vessels. this act, however, appears to have been found too lenient, since, in 1894, the whole subject was reconsidered and covered in the new merchants' shipping act, 57 & 58 vict., c. 60, of 748 sections, section 221 of which provides not only for the forfeiture of .....
Tag this Judgment!Court : US Supreme Court
..... board" is clear. 50 u.s.c. 191(a). as respects personnel of our own merchant ships, the power exists under the act only if it is found in the power to "safeguard" vessels and waterfront facilities against "sabotage or other subversive acts," that is, under 191(b). the solicitor general argues that the power to exclude persons ..... the time belongs and to which he has belonged during the past five years." id. at 364 u. s. 481 . we held that an act touching on first amendment rights must be narrowly drawn so that the precise evil is exposed; that an unlimited and indiscriminate search of the employee's past which interferes with his ..... .) i agree that, since congress did not specifically authorize a personnel screening program, authority to impose procedures of the comprehensive type here involved, necessarily impinging on first amendment freedoms, may not be inferred from dubious general language. the fault, however, is not that there was an inadequate or page 390 u. s. 28 improper delegation .....
Tag this Judgment!Court : US Supreme Court
..... liquors, as sea stores, for beverage purposes, through the territorial waters or into the ports and harbors of the united states by foreign or domestic merchant ships is forbidden by the amendment and the act. p. 262 u. s. 130 . 284 f. 890 affirmed. 285 f. 79 reversed. appeals from decrees of the district court dismissing, on ..... to its jurisdiction," which means that its field coincides with that of the eighteenth amendment. there is in the act no provision making it applicable to domestic merchant ships when outside the waters of the united states, nor any provision making it inapplicable to merchant ships, either domestic or foreign, when within those waters, save in the panama canal. ..... field of operation, and the designation is not of a part of this territory, but of "all" of it. the defendants contend that the amendment also covers domestic merchant ships outside the waters of the united states, whether on the high seas or in foreign waters. but it does not say so, and what it .....
Tag this Judgment!Court : US Supreme Court
..... constables to apprehend him. these provisions have been substantially carried into the new merchants' shipping act. 57 & 58 vic. c. 60, sec 221. congress, however, has so often spoken upon this subject that we think it can hardly be open to doubt. by rev.stat. sec. 4522, as amended in 1898, 30 stat. 755, regulating seamen engaged in interstate commerce, ..... leave, and refuse to perform to the end of the service for which they were engaged." the rule is the same in england. by section 243 of the merchants' shipping act of 1854 (17 & 18 vic. c. 104), "whenever any seaman who has been lawfully engaged, or any apprentice to the sea service, commits any of the ..... , as amended, 30 stat. 757, "if, after judgment that such vessel is fit to proceed on her intended voyage, . . . the seamen, or either of them, shall refuse to proceed on the voyage, he shall forfeit any wages that may be due him." section 4596 is largely a reproduction of the section above cited from the merchants' shipping act, and .....
Tag this Judgment!Court : US Supreme Court
..... footnote 2/7 ] this congressional support was highlighted as recently as 1970, in amendments to the merchant marine act, 1936, 46 u.s.c. 1101 et seq., to which we may look with profit. the declaration of policy of that act, as amended in 1970, states as its purpose that "[i]t is necessary for the national ..... are hurting our balance of payments in addition to hurting our economy by the loss of jobs." "a strong american merchant marine is essential to our national defense. the fewer american flag ships there are, the weaker our position will be in a period of national emergency." "please patronize american flag vessels, save ..... by petitioner westwind africa line, ltd., a liberian corporation, while theomana is owned by petitioner sps bulkcarriers corp., a liberian corporation, and managed by petitioner windward shipping (london) ltd., a british corporation. the crews of both vessels are composed entirely of foreign nationals, represented by foreign unions and employed under foreign articles of .....
Tag this Judgment!