Court : US Supreme Court
..... am not aware that any exists." story, j., in the george, supra, at p. 155. cf. the rule in great britain under the merchant shipping act, 1906 (6 edw. 7, no. 48, 34). the old measure of recovery was the same for all aboard, the highest and the lowest. ..... contexts in which the word seaman is held to exclude the master, or even any officer. see, e.g., r.s. 4530, as amended by 31 of the merchant marine act of 1920 (46 u.s.c. 597); also 46 u.s.c. 564, 568, 570, 592, 594, 658, reenacting r.s ..... , general and permanent in their nature in force on the 7th day of december, 1925, but nothing in this act shall be construed as repealing or amending any such law, or as enacting as new law any matter contained in the code. in case of any inconsistency ..... v. new york, n.h. & h. r. co., 281 u. s. 128 , 281 u. s. 134 -136. the bill was accordingly amended in its progress through the house by declaring the exception. there can be little doubt that congress did this in the belief that, under the statutes then in .....
Tag this Judgment!Court : US Supreme Court
..... being claimed pursuant to an agreement or understanding which is required to be filed with and approved by the federal maritime commission under section 15 of the shipping act, 1916, as amended, 46 u.s.c. 814 (1961), before it is lawful to take any action thereunder, which agreement has not been so filed and approved." ..... regulat[e] . . . competition." see n 15, supra. the other six categories would be rendered virtually meaningless by the commission's construction. [ footnote 24 ] house committee on merchant marine and fisheries, report on steamship agreements and affiliations, h.r.doc. no. 805, 63d cong., 2d sess., 415-424 (1914). [ footnote 25 ] the recommendations of the ..... h.r.rep. no. 354, 77th cong., 1st sess., 2 (1941). [ footnote 3/10 ] under the 1938 act, questions of representation were reserved to the nlrb. section 1002 of the merchant marine act, as amended, provided that: "the provisions of this title shall not in any manner affect or be construed to limit the provisions of .....
Tag this Judgment!Court : US Supreme Court
..... expanded by later legislation. the admiralty court in england has jurisdiction in respect of any mortgage duly registered according to the provisions of the merchant marine act 1894, "whether or not the ship or proceeds are under the arrest of the court, and such jurisdiction may be exercised by an action in rem or in personam. ..... . luckenbach steamship co., 247 u. s. 372 , 247 u. s. 384 ); the merchant marine act of 1920, 33, 41 stat 1007, amending 20 of the act of 1915, thus bringing, in relation to seamen, into the maritime law rules drawn from the federal employers' liability act ( panama railroad co. v. johnson, supra; engel v. davenport, 271 u. s. ..... court in equity gives a title good against the world and terminates all preexisting claims against the vessel." " * * * *" "the house recedes with an amendment which places the constitutional basis of congress' power to legislate in respect to vessel mortgages upon the grant of admiralty jurisdiction and the 'necessary and proper clause' of .....
Tag this Judgment!Court : US Supreme Court
..... later defined so as to bring them within the prohibition reenacted in 27. 38 of the merchant marine act, amending 2 of the shipping act of 1916, c. 451, 39 stat. 728, 729, and made applicable to the merchant marine act by 37 of the latter act. it insists that the prohibition of 27, to which it was subjected by the ..... amendment, deprives it of property without due process of law, in violation of the fifth amendment. this contention ..... latter amending 2 of the shipping act of 1916) whereby the interests required to be held by citizens in order that a corporation may be deemed "a citizen of the united states" are defined. 2. the proviso of 27 of the merchant marine act, exempting from its operation "merchandise transported between points within the continental united states, .....
Tag this Judgment!Court : US Supreme Court
..... and executive orders, described and considered in earlier opinions of this court, require a different conclusion with respect to its contracts. shipping act of september 7, 1916, c. 431, 39 stat. 728, 730-732; urgent deficiency act of 1917, supra; merchant marine act of june 5, 1920, c. 250, 41 stat. 988; executive orders no. 2664, july 11, 1917, no. ..... sue the fleet corporation on its contracts. p. 281 u. s. 527 . 5. subdivision (c) of 2 of the merchant marine act, providing that any person dissatisfied with any decision of the shipping board "shall have the same right to sue the united states as he would have had if the decision had been made by ..... 2(b)(2), and 2(c) of the merchant marine act of june 5, 1920, 41 stat. 988, which now affords the exclusive remedy for the enforcement of the liability. this legislation repealed, with certain specified exceptions, the emergency shipping fund provisions of the urgent deficiencies act of june, 1917, as amended. section 2(b)(1) directed that "all .....
Tag this Judgment!Court : US Supreme Court
..... of blockade," but the warship may only use force if the merchant ship "fails to observe the instructions given it." article 27 provides that "[a] belligerent shall indemnify the damage caused by its violation of the foregoing provisions. it shall likewise be responsible for the acts of persons who may belong to its armed forces." justice blackmun ..... in light of the comprehensiveness of the statutory scheme in the fsia, we doubt that even the most meticulous draftsman would have concluded that congress also needed to amend pro tanto the alien tort statute and presumably such other grants of subject matter jurisdiction in title 28 as 1331 (federal question), 1333 (admiralty), 1335 (interpleader ..... states. in light of the comprehensiveness of the fsia's scheme, it is doubtful that even the most meticulous draftsman would have concluded that congress also needed to amend pro tanto the ats and presumably other grants of subject matter jurisdiction in title 28. pp. 488 u. s. 436 -438. (d) the rule .....
Tag this Judgment!Court : US Supreme Court
..... the demand was made in this country, but insist that the law was thereafter changed in this respect by the amendment made by the merchant marine act of 1920. by 32 of the merchant marine act, 10 of the dingley act was further amended so as to make the third sentence of paragraph (a) dealing generally with advance payments, read as follows: ..... u.s. 463 certiorari to the circuit court of appeals for the second circuit syllabus 1. section 10 of the dingley act of 1884, as amended by the seamen's act of 1915, and the merchant marine act of 1920, does not apply either expressly or by implication to advance wages paid by foreign vessels to foreign seamen while in ..... 1884, [ footnote 1 ] as amended by the seamen's act of 1915 [ footnote 2 ] and the merchant marine act of 1920, [ footnote 3 ] applies to the payment of advance wages to seamen on a foreign vessel in a foreign port. the petitioners are british seamen who shipped at manchester, england, in may, 1922, on the archimedes, a british vessel, .....
Tag this Judgment!Court : US Supreme Court
..... practice, deprived its members of liberty and property and of equal protection of the laws in violation of the fourteenth amendment. the return also set forth that the grain weighed by its bureau was in large part shipped into or out of the state, that it is commercially necessary as a part of interstate transit to pass grain ..... , an original proceeding in the nature of quo warranto was brought under this statute at the relation of the attorney general in the supreme court of the state against the merchants' exchange, a missouri corporation with the usual powers of a board of trade. see house v. mayes, 219 u. s. 270 ; board of trade v. christie ..... more than 75,000 inhabitants, that page 248 u. s. 367 public weighers of grain are maintained there at all public warehouses and elevators in compliance with the act, and that the respondent in violation thereof and in abuse of its corporate franchise maintains a bureau for weighing grain, grants weight certificates, and makes charges therefor. .....
Tag this Judgment!Court : US Supreme Court
..... from the sale of military or naval supplies were contained in the vinson-trammel act of march 27, 1934, as amended (relating to naval vessels) and the merchant marine act of 1936, as amended (relating to construction of merchant ships). the act of april 3, 1939 extended percentage profit limitation to cover army aircraft contracts. ..... the percentage of profit allowed to contractors was lowered to approximately 8% by the act of june 28, 1940, but the second supplemental national defense appropriation act ..... to continue that increase so that next year, 1943, we shall produce 35,000 antiaircraft guns." "4. to increase our production rate of merchant ships so rapidly that in this year, 1942, we shall build 8,000,000 dead-weight tons, as compared with a 1941 production of 1, .....
Tag this Judgment!Court : US Supreme Court
..... with whom mr. justice brennan, mr. justice stewart, and mr. justice marshall join, dissenting. respondent arguelles is a seaman who signed onto the ss u.s. pecos, a merchant ship owned by petitioner, on august 3, 1965, for six months' employment at a stated monthly wage. the employment relationship was page 400 u. s. 367 governed by the collective ..... contractual grievance arising out of events which also might support proceedings before the nlrb for either an unfair labor practice under 8(a)(5) of the national labor relations act, as amended, or a petition clarifying the union's representation certificate under 9(c)(1). see also old dutch farms v. local 58, i.b.t., 243 f.supp. ..... to waive compliance with any provision of this subchapter or of the rules and regulations of the commission shall be void." [ footnote 2/2 ] arguelles attempted to amend his complaint prior to the summary judgment hearing to state a complaint under 46 u.s.c. 597, as well as 596. the court refused the proffered .....
Tag this Judgment!