Ex parte Garnett et al

• Decision Date: 25 May 1891
• Citation: 35 L.Ed. 631,11 S.Ct. 840,141 U.S. 1
• Parties: Ex parte GARNETT et al
• Court: U.S. Supreme Court

141 U.S. 1

11 S.Ct. 840

35 L.Ed. 631

Ex parte GARNETT et al.

May 25, 1891.

Saml. B. Adams, for petitioners.

[Statement of Case from pages 1-8 intentionally omitted] R. G. Erwin, for respondents.

BRADLEY, J.

This is a petition for a writ of prohibition to be directed to the judge of the district court of the United States for the eastern division of the southern district of Georgia, to prohibit said judge from taking further cognizance of a certain suit instituted before him in said court. The suit sought to be prohibited is a libel filed in said court by John Lawton, owner of the steam-boat Katie, seeking a decree for limited liability for the loss and damage which accrued by fire on said steam-boat in the Savannah river on the 12th of October, 1887. 40 Fed. Rep. 480. A copy of this libel is annexed to the petition for prohibition. It sets out the facts that Lawton was the owner of the steam-boat; that she was an enrolled vessel of the United States, duly licensed to carry on the coasting trade; that she had for 20 years been engaged in transporting merchandise, goods, and commondities from and to the ports of Savannah and Augusta, and intermediate ports and landings on the Savannah river, in the states of South Carolina and Georgia; and that some of the said goods were transported by said steam-boat as one of the through lines of carriers, issuing through bills of lading to and from ports and places within the state of Georgia and ports and places in other states of the United States and foreign countries. The libel then states that on the 8th of October, 1887, the said steam-boat left Augusta for Savannah and intermediate places on the river in South Carolina and Georgia, intending to load a cargo chiefly of cotton, being properly manned and equipped; that on the 10th day of October, having then on board 643 bales of cotton, she left a landing called 'Burton's Ferry,' and shortly after struck on a sand-bar, and, notwithstanding the utmost endeavor of master and crew, remained there till October 12th, when fire was discovered in the cotton near the bow of the steam-boat; that the fire spread with great rapidity, and some of the bales of cotton had to be thrown overboard to prevent it from spreading more; and, after three hours of the hardest and most hazardous work, the master and crew succeeded in clearing the bow of the burning cotton, and saving the vessel and a portion of the cargo, but leaving the vessel much burned and damaged. A list of the cargo was attached to the libel, which proceeded to state that nearly all of the consignees of the cotton lost or damaged had brought suits against the libelant; and a list of the suits was also appended to the libel, in two of which attachments were issued; that the amount thus sued for, and the loss and damage happening by means of said fire, exceeded the value of the said steam-boat and her freight on said voyage; that the fire was not caused by any negligence of the libelant, or of the master and crew, and that by reason of the exception against fire contained in the bills of landing and receipts, the libelant was not liable for the loss and damage caused by said fire; that libelant did not know the cause of the fire, nor had any information as to the cause, not being on board of the vessel at the time; and that all the loss, destruction, and damage to the bales of cotton happened by means of said fire, and that said fire was not caused by the design or neglect of the libelant, but was solely caused without his privity or knowledge. After an allegation that the Savannah river is a navigable stream lying partly in Georgia and partly in South Carolina, and that the contracts for carrying the cotton were maritime contracts, the libelant proceeded to contest his entire liability, under the act of congress in that behalf, and under the bills of lading; and, if he should be held liable, he claimed the benefit of limited liability. The libel concluded with the usual prayer for appraisement of the vessel, and a monition to all persons claiming damages to appear, etc.

The petitioners, who now come to this court for a prohibition, allege that they are cotton factors and commission merchants, residing and doing business in Savannah, and that they were the consignees of the cotton constituting the cargo of the said steam-boat, except a few bales. They state that the said steam-boat was engaged exclusively in inland navigation of the Savannah river, between the ports of Augusta and Savannah and intermediate ports and places on either side of the said river, and that she was not a sea-going vessel. They further state the various suits brought by them, respectively, namely ten different suits, mostly in the city court of Savannah, for different sums, amounting in the aggregate to nearly $16,000; and that in all of said suits, except two attachments, personal service was made on the said Lawton, the owner of said steam-boat. The petitioners further state the filing of the said libel, and that an appraisement of the steam-boat and freight had been made, amounting to a total of $3,496.75, for which sum the said Lawton had entered into the usual stipulation. They further state that afterwards, on the 9th of April, 1888, they objected to the said district court taking further cognizance of the case, and moved to dismiss the libel on the grounds that the said court was without jurisdiction in the premises, and that the fourth section of the act of congress, approved June 19, 1886, on which the said actin w as based, is unconstitutional and void; but that the said court overruled the said motion, and determined to proceed with the further cognizance of the cause. The petitioners further state, and rely upon, the fact that the greater part of the cotton was shipped by Georgia consignors from divers points or places within the state of Georgia, to be transported to Savannah, Ga., to consignees who were residents and citizens of Savannah, and was the subject of a commerce strictly internal. The act of congress to which the petitioners refer as being the act on which the libel of Lawton was based, and which they contend is unconstitutional and void, is the fourth section of the act approved June 19, 1886, entitled 'An act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes.' 24 St. 79. By the section referred to, section 4289 of the Revised Statutes was amended so as to read as follows: 'Sec. 4289. The provisions of the seven preceding sections, and of section eighteen of an act entitled 'An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes, approved June 26, 1884, relating to the limitations of the liability of the owners of vessels, shall apply to all sea-going vessels, and also to all vessels used on lakes or rivers or in inland navigation including canal-boats, barges, and lighters." The purport and effect of this section is apparent from an inspection of the original limited liability act passed March 3, 1851. 9 St. 635. After exempting ship-owners from liability for loss or damage occasioned by fire on board of their ships, happening without any design or neglect of theirs, and for loss of precious metals or jewelry of which they or the masters of their vessels have not received written notice; and declaring that their liability shall in no case exceed the value of their interest in the ship and freight then pending, for any loss, damage, or injury to any property caused by the master, crew, or other persons, without their privity or knowledge; and making other provisions for carrying out the design of the act,—a final clause is added in the words following, to-wit: 'This act shall not apply to the owner or owners of any canal-boat, barge, or lighter, or to any vessel of any description whatever, used in rivers or inland navigation.' The whole act was afterwards carried into the Revised Statutes, and constitutes sections 4281-4289, inclusive, the section respecting precious metals and jewelry having been somewhat enlarged by an amendment made in 1871. The final words of the act above quoted constitute section 4289 of the Revised Statutes, which, as before stated, was amended by the act of 1886 so as to make the limited liability act apply to all kinds of vessels, not only sea-going vessels, but those used on lakes or rivers, or in inland navigation, including canal-boats, barges, and lighters. The fourth section of the act of 1886 also regulates the application of the eighteenth section of an act approved June 26, 1884, (23 St. 57,) which reduced the individual liability of a ship-owner for all debts and liabilities of the ship to the proportion of his individual share in the vessel. This section requires no further notice. The only question in the case, therefore, is whether the fourth section of the act of 1886, extending the limited liability act to vessels used on a river in inland navigation, like the steam-boat in question, is, as contended, unconstitutional and void.

It is unnecessary to inquire whether the section is valid as to all the kinds of vessels named in it; if it is valid as to the kind to which the steam-boat Katie belongs, it is sufficient for the purposes of this case. And this question, we think, can be solved by a reference to two or three propositions which have become the settled law of this country. It is unnecessry to invoke the power given to congress to regulate commerce with foreign nations, and among the several states, in order to find authority to pass the law in question. The act of congress which limits the liability of ship-owners was passed in amendment of the maritime law of the country, and the power to make such amendments is co-extensive with that law. It is not confined to the boundaries or class of subjects which...