new
york
argued
decided
june
edward
griffin
albany
petitioners
ellis
gidley
buffalo
respondent
justice
pitney
delivered
opinion
three
separate
libels
rem
filed
district
western
district
new
steam
tug
charlotte
engines
boilers
machinery
one
dolloff
one
wagner
respectively
residents
presumably
citizens
state
new
york
severally
recover
damages
alleged
caused
certain
canal
boats
owned
navigated
upon
erie
canal
tow
charlotte
steam
tug
henry
koerber
boilers
engines
tackle
murray
transportation
company
corporation
state
new
york
bailee
certain
coal
barge
recover
damages
alleged
received
barge
navigated
upon
erie
canal
tow
koerber
case
tug
claimed
frank
fix
charles
fix
partners
business
name
fix
buffalo
released
arrest
filing
satisfactory
stipulations
claimants
filed
answers
several
libels
time
filed
petitions
admiralty
rule
sup
xxii
new
rule
sup
xxi
setting
case
time
respective
disasters
damage
complained
tugs
charter
claimants
edward
walsh
superintendent
public
works
state
new
york
entered
charter
parties
authority
reposed
act
legislature
state
new
york
chapter
laws
tugs
operation
control
management
decrees
ordered
respective
causes
tugs
claimants
ownership
vessels
called
upon
payment
thus
mulcted
damages
disasters
total
strangers
reason
facts
edward
walsh
superintendent
public
works
state
new
york
proceeded
suits
damages
accordance
rule
district
pursuant
prayer
petitions
caused
monitions
issued
three
cases
edward
walsh
superintendent
public
works
citing
appear
answer
case
found
goods
chattels
state
new
york
used
controlled
attached
monitions
served
upon
walsh
within
jurisdiction
attorney
general
state
appeared
three
cases
specially
behalf
state
people
thereof
walsh
filed
suggestion
without
jurisdiction
proceed
walsh
superintendent
public
works
reason
appeared
upon
face
proceedings
suits
state
new
york
state
consented
sued
district
denied
motions
dismiss
monitions
henry
koerber
fed
whereupon
attorney
general
behalf
state
people
thereof
walsh
superintendent
individually
leave
granted
filed
petition
writs
prohibition
mandamus
order
show
cause
issued
district
judge
made
return
upon
proceedings
district
matter
argued
record
shows
charters
expired
according
terms
tugs
possession
claimants
neither
state
walsh
claim
upon
interest
time
res
belonging
state
walsh
claim
interest
attached
brought
jurisdiction
district
relief
asked
walsh
individually
proceedings
strictly
capacity
public
officer
power
issue
writs
prohibition
district
courts
proceeding
courts
admiralty
maritime
jurisdiction
specifically
conferred
upon
section
judicial
code
act
march
stat
comp
fact
objection
jurisdiction
might
raised
appeal
final
decree
cases
valid
objection
issuance
prohibition
outset
admiralty
assumes
take
cognizance
maters
lawful
jurisdiction
cooper
sup
state
may
sued
without
consent
fundamental
rule
jurisprudence
important
bearing
upon
construction
constitution
become
established
repeated
decisions
entire
judicial
power
granted
constitution
embrace
authority
entertain
suit
brought
private
parties
state
without
consent
given
one
brought
citizens
another
state
citizens
subjects
foreign
state
eleventh
amendment
even
one
brought
citizens
fundamental
rule
amendment
exemplification
beers
arkansas
railroad
tennessee
ed
hans
louisiana
sup
north
carolina
temple
sup
fitts
mcghee
sup
palmer
ohio
sup
duhne
new
jersey
sup
admiralty
maritime
jurisdiction
exempt
operation
rule
true
amendment
speaks
suits
law
equity
pointed
hans
louisiana
supra
amendment
outcome
purpose
set
aside
effect
decision
chisholm
georgia
dall
happened
suit
law
brought
state
citizen
another
state
decision
turning
upon
construction
clause
section
article
constitution
establishing
judicial
power
cases
law
equity
state
citizens
another
state
naturally
came
pass
language
amendment
particularly
phrased
reverse
construction
adopted
case
hans
louisiana
supra
sup
demonstrated
impropriety
construing
amendment
leave
open
citizens
sue
state
federal
courts
seems
us
equally
clear
propriety
construed
leave
open
suit
state
admiralty
jurisdiction
individuals
whether
citizens
among
authorities
referred
justice
story
commentaries
constitution
stated
doubted
whether
amendment
extended
cases
admiralty
maritime
jurisdiction
proceeding
rem
personam
whose
doubt
supported
declaration
proceeding
justice
washington
circuit
bright
brightly
note
fed
cas
hall
doubt
based
upon
considerations
set
aside
reasoning
adopted
hans
louisiana
governor
georgia
madrazo
pet
question
whether
eleventh
amendment
extended
proceedings
admiralty
alluded
found
unnecessary
decided
case
one
original
jurisdiction
district
brought
held
decree
sustained
proceeding
rem
thing
possession
district
subsequently
ex
parte
madrazzo
pet
application
made
entertain
suit
admiralty
state
georgia
held
property
custody
admiralty
brought
within
jurisdiction
possession
private
person
case
one
exercise
admiralty
jurisdiction
mere
personal
suit
state
recover
proceeds
possession
entertained
since
private
person
right
commence
original
suit
state
atkins
disintegrating
wall
et
louisville
underwriters
sup
aside
point
since
relate
merely
question
statutory
provision
section
judiciary
act
stat
reenacted
section
revised
statutes
section
act
march
stat
comp
effect
civil
suit
brought
person
original
process
district
inhabitant
found
applied
suits
personam
admiralty
prevent
acquiring
jurisdiction
corporation
attachment
goods
property
district
residence
former
case
service
process
upon
appointed
agent
latter
much
reliance
placed
upon
workman
new
york
city
sup
dealt
question
substantive
law
admiralty
power
exercise
jurisdiction
person
defendant
opinion
careful
distinguish
immunity
jurisdiction
attributable
sovereign
upon
grounds
policy
immunity
liability
particular
case
thus
page
page
sup
ed
contention
although
corporation
general
capacity
stand
judgment
therefore
subject
process
admiralty
nevertheless
admiralty
afford
redress
city
tort
complained
local
law
etc
maritime
law
affords
justification
contention
example
found
law
one
subject
suit
amenable
process
allowed
escape
liability
commission
maritime
tort
upon
theory
relied
upon
repeat
immunity
state
suit
personam
admiralty
brought
private
person
without
consent
clear
deemed
suit
state
early
suggestion
inhibition
might
confined
state
party
record
osborn
bank
wheat
long
since
abandoned
established
question
determined
mere
names
titular
parties
essential
nature
effect
proceeding
appears
entire
record
louisiana
jumel
sup
hagood
southern
et
sup
ayers
sup
pennoyer
mcconnaughy
et
sup
smith
reeves
sup
murray
wilson
distilling
sup
lankford
platte
iron
works
sup
thus
examined
decided
cases
fallen
two
principal
classes
mentioned
pennoyer
mcconnaughy
sup
ed
first
class
suit
brought
officers
state
representing
state
action
liability
thus
making
though
party
record
real
party
judgment
operate
compel
specifically
perform
contracts
citing
cases
class
suit
brought
defendants
claiming
act
officers
state
color
unconstitutional
statute
commit
acts
wrong
injury
rights
property
plaintiff
acquired
contract
state
suit
within
meaning
eleventh
amendment
action
state
first
class
reason
confined
cases
suit
operate
compel
state
specifically
perform
contracts
extends
require
make
pecuniary
satisfaction
liability
smith
reeves
sup
shown
proceedings
prohibition
asked
element
proceeding
rem
nature
action
personam
walsh
individually
capacity
superintendent
public
works
state
new
york
office
established
duties
prescribed
constitution
state
article
execution
laws
relating
repair
navigation
canals
also
relating
construction
improvement
canals
exceptions
material
chapter
laws
effective
may
superintendent
authorized
provide
facilities
judgment
may
necessary
towing
boats
canals
state
towing
service
furnished
rules
regulations
shall
adopt
service
authorized
impose
collect
fees
judgment
may
seem
fair
reasonable
moneys
collected
deposited
state
treasury
carrying
effect
act
sum
appropriated
provisions
law
walsh
superintendent
public
works
chartered
tugs
henry
koerber
charlotte
name
behalf
people
state
new
york
periods
beginning
may
ending
latest
december
charters
operated
disasters
occurred
upon
libels
founded
petitions
rule
based
decrees
sought
affect
walsh
official
capacity
otherwise
might
satisfied
property
state
new
york
hands
superintendent
public
works
made
basis
charges
upon
treasury
state
section
canal
law
consol
laws
provides
commissioners
canal
fund
may
allow
claims
moneys
paid
superintendent
public
works
person
officer
employed
care
management
superintendence
repair
canals
judgment
recovered
action
instituted
act
done
pursuant
provisions
canal
law
either
case
effect
whether
complete
expend
upon
people
state
new
york
public
corporate
capacity
section
canal
law
provides
action
claims
certain
kinds
damages
arising
use
management
canals
terms
provided
extend
claims
arising
damages
resulting
navigation
canals
suggestion
superintendent
acting
color
unconstitutional
law
otherwise
due
course
duty
constitution
laws
state
new
york
fullest
sense
therefore
proceedings
shown
entire
record
nature
effect
suits
brought
individuals
state
new
york
consent
jurisdiction
courts
substance
contention
result
enables
state
new
york
impose
local
law
upon
admiralty
jurisdiction
detriment
characteristic
symmetry
uniformity
rules
maritime
law
insisted
upon
workman
new
york
city
sup
southern
pacific
jensen
sup
ann
cas
union
fish
erickson
sup
knickerbocker
ice
stewart
sup
symmetry
harmony
maintained
cases
consists
uniform
operation
effect
characteristic
principles
rules
maritime
law
body
substantive
law
operative
alike
upon
subject
jurisdiction
admiralty
binding
upon
courts
well
chelentis
luckenbach
sup
inconsistent
principle
accord
enjoy
prerogatives
sovereignty
extent
exempt
litigation
suit
individuals
judicial
tribunals
like
exemption
courts
admiralty
maritime
jurisdiction
want
authority
district
entertain
proceedings
personam
rule
brought
claimants
walsh
superintendent
public
works
state
new
york
clear
fact
proceedings
essence
suits
state
without
consent
evident
instead
permitting
run
slow
course
final
decree
inevitably
futile
result
writ
prohibition
issued
prayed
ex
parte
simons
sup
ex
parte
peterson
sup
rule
absolute
writ
prohibition