The Sao Vicente Transportes Maritimos Do Estado v. Tietjen Lang Drydock Co the Murmugao Transportes Maritimos Do Estado v. Rose Same v. De Simone
| Decision Date | 13 November 1922 |
| Docket Number | Nos. 280,No. 279,283,281,Nos. 282,279,s. 280,s. 282 |
| Citation | 260 U.S. 151,67 L.Ed. 179,43 S.Ct. 15 |
| Parties | THE SAO VICENTE. TRANSPORTES MARITIMOS DO ESTADO v. TIETJEN & LANG DRYDOCK CO. THE MURMUGAO. TRANSPORTES MARITIMOS DO ESTADO v. ROSE (two cases). SAME v. DE SIMONE (two cases) |
| Court | U.S. Supreme Court |
Mr. F. Dudley Kohler, of New York City, for petitioner.
Mr. E. Curtis Rouse, all of New York City, for respondent Tietjen & Lang Drydock Co.
Messrs. John M. Woolsey, Robert S. Erskine, Meyer Kraushaar,
[Argument of Counsel from page 152 intentionally omitted] Mr. J. Dexter Crowell, and Emanuel Celler, all of New York City, opposed.
The above-entitled causes are here on writs of certiorari, issued upon the sole petition of George S. Duarte, who described himself therein as the duly accredited consul general of the republic of Portugal in the United States of America, without more. The petition sets out the proceedings below; declares 'the Portuguese government does not intend to avoid its just obligations to citizens of the United States, but it claims that, if there is any question between it and such citizens, they are matters for adjudication by the diplomatic departments of the two governments, and it does object to the violation of its sovereignty, contrary to all rules of international law and international comity'; and alleges, as one reason for granting the writ, that 'an important question of international law and comity is involved.' There is nothing to show that the consul general had authority or right to take any action concerning the matters in question, except as may be inferred from his official position. Considering the possible international aspect of the controversy, we granted the petition, and appropriate writs issued. Counsel have been heard, both orally and by briefs.
Nos. 279, 280, and 282 are separate proceedings in rem, commenced in the United States District Court, Southern District of New York, against the Sao Vicente and the Murmugao, to recover for materials, supplies, work, and labor furnished to them. In each cause, after arrest of the steamer, the Transportes Maritimos do Estado, intervening for its interest, appeared before the court and made claim, averring that it was in possession when the process issued, and was the true and bona fide owner. It asked to defend accordingly, gave bond for costs and value, and secured the vessel's discharge. Thereafter the steamer answered, denying the allegations of the libel, and as a distinct and complete defense alleged that it was owned and operated by the Transportes Maritimos do Estado, a department of the government of Portugal not subject to suits in courts of the United States. This special defense was declared insufficient and final decrees were duly entered. Appeals to the Circuit Court of Appeals were dismissed (The Carlo Poma, 255 U. S. 219, 41 Sup. Ct. 309, 65 L. Ed. 594), that court being of opinion that the only controverted point was the jurisdiction of the trial court. 281 Fed. 111 and 115.
Nos. 281 and 283 are separate proceedings in personam, commenced in the same District Court against Transportes Maritimos do Estado, alleged to be a foreign corporation organized under...
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