The Lake Monroe

Citations

• 250 U.S. 246
• 39 S. Ct. 460
• 63 L. Ed. 962
• 1919 U.S. LEXIS 1741

Syllabus

<p>Under the Act of June 15, 1917, c. 29, 40 Stat. 182, empowering the President, inter alia, to requisition private shipping for use and operation by the United States, permitting the exercise of the power through such agencies as he may determine, and providing that ships so requisitioned shall be managed, operated and disposed of as he may direct; and under the President’s order of July 11, 1917, delegating those powers for exercise by the Shipping Board and Emergency Fleet Corporation, a ship in course of construction was requisitioned and completed by the Corporation, documented in the name of .the United States, and operated by the Board through the Corporation and a private firm, who, as managing and operating agents of the Board, chartered her to a private company for the coastwise carriage of a private cargo of coal. While so éngaged a collision occurred, and the vessel was libeled in the District Court. Held, that the District Court had jurisdiction to arrest the vessel, under § 9 of the Shipping Board Act of September 7,1916, c. 451,39 Stat. 728, providing that vessels purchased, chartered,'or leased by the Board, “while employed solely as merchant vessels shall be subject to all laws, regulations, and liabilities governing merchant vessels, whether the United. States be interested therein as owner, in whole or in part, or hold any mortgage, lien, or other interest therein,” which provision was reenacted by the Act of July 15,1918, c. 152,40 Stat. 900, amending the Shipping Board Act. P.253.</p> <p>It is not to be assumed that Congress intended that the power given by the Act of June 15,1917, supra, should be exercised by the President arbitrarily or that the President by his order intended to vest absolute powers in the Shipping Board and Fleet Corporation, subject only to such regulations as he might from time to time prescribe. Id.</p> <p>On the contrary, in view of the establishment of the Board and the Corporation as government agencies, broadly empo