from an enemy to a neutral. Up to the time | nation. Such a rule would be very unfortu-
of shipment the entire cargo was owned by
Pla Gibernau & Company. They transferred
it to the London & River Plate Bank, Lim-
ited, who in turn transferred it to Klein-
wort Sons & Company, who produced the
bills of lading at the hearing and moved the
payment by them, before the capture of the
vessel, of the drafts whose negotiation fur-
nished the moneys used in the purchase of the
goods. The entire issue of each set of bills
of lading was possessed by Kleinwort Sons &
Company, under indorsements which gave to
them only the right to demand delivery from
the vessel.

nate as respects the commerce of the United
States in case of hostilities between Euro-
pean countries. Owing to the limited
amount of merchant shipping owned in the
United States, the greater part of their prod-
ucts, whether breadstuffs or manufactured
goods, has to be carried in foreign vessels,
and it is quite evident that bankers and cap-[691]
italists could not afford to advance the
moneys needed to make purchases, if they
could not be protected against seizure by
foreign belligerents, by the indorsement to
them of bills of lading. Only those who ac-
tually own the goods could safely ship them
constitutes the larger part of international
trade, the purchase and shipment of mer-
chandise by factors with moneys advanced by
banking houses would, in case of war, have
to cease.

The case falls plainly within the law as ad-on vessels owned by belligerents, and, what
ministered in The Amy Warwick, The Win-
ifred, and The Lynchburg.

The decree of the district court should be affirmed.

If the rule asked for by the captors in this case should be upheld, namely, that bills of lading indorsed to neutrals, acting in good faith, who have advanced money to purchase goods shipped long before the declaration of war, do not create a right of property in the goods, there would be very little room left for the operation of the President's proclama- sent. tion exempting neutral goods from condem 177 U. S.

Mr. Justice Brewer concurs in this dis

943

MEMORANDA

OF

CASES DISPOSED OF WITHOUT OPINIONS

SPRINGFIELD RAILWAY COMPANY et al. [No. 552.]

(693)* EDWARD CLIFFORD, Appellant, v. CARL H. | *OLIVER S. KELLY et al., Petitioners, v.[694] REUMPLER, Sheriff, etc. [No. 561.] Appeal from the Circuit Court of the United States for the District of New Jersey.

No counsel for appellant. Mr. James S.
Erwin for appellee.

April 16, 1900. Order affirmed with costs, on the authority of Nobles v. Georgia, 168 U. S. 398, 42 L. ed. 515, 18 Sup. Ct. Rep. 87; Kohl v. Lehlback, 160 U. S. 293, 40 L. ed. 432, 16 Sup. Ct. Rep. 304; Clifford v. Heller, 172 U. S. 641, 43 L. ed. 1181, 19 Sup. Ct. Rep. 874; Clifford v. Ruempler (mem.) 175 U. S. 723, ante, 337, 20 Sup. Ct. Rep. 1024; and Brown v. New Jersey, 175 U. S. 172, ante, 119, 20 Sup. Ct. Rep. 77.

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Sixth Circuit.

Messrs. Julian C. Dowell and F. P. Fish
for petitioners. Messrs. T. B. Kerr and
Drury W. Cooper for respondents.
April 9, 1900. Denied.

GEISEr Manufacturing COMPANY, Petition-
er, v. FRICK COMPANY. [No. 567.]

Petition for a Writ of Certiorari to the
United States Circuit Court of Appeals for
the Third Circuit.

Mr. John G. Johnson for petitioner. Messrs. F. P. Fish and Francis Rawle for respondent.

April 9, 1900. Denied.

JAMES W. OAKFORD, Petitioner, v. FRANCES
A. HACKLEY. [No. 568.]

Petition for a Writ of Certiorari to the
the Third Circuit.
United States Circuit Court of Appeals for

Messrs. John G. Johnson and Maxwell

Evarts for petitioner. Messrs. H. W. Palm
er and R. C. Dale for respondent.
April 9, 1900. Denied.

TENNESSEE COAL, IRON, & RAILROAD COM.
PANY, Petitioner, v. FRANK H. PIERCE.
[No. 569.]

Petition for a Writ of Certiorari to the

AMERICAN SUGAR REFINING COMPANY, Pe-United States Circuit Court of Appeals for

titioner, v. UNITED STATES. [No. 559.]
Petition for a Writ of Certiorari to the

United States Circuit Court of Appeals for

the Second Circuit.

March 26, 1900. Granted.

WATERBURY MANUFACTURING COMPANY, Petitioner, v. HARRIOTT H. WALES. [No. 560.]

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Second Circuit.

Messrs. John K. Beach and Edmund Wet

the Fifth Circuit.

Mr. Edward K. Jones for petitioner. more for petitioner. Mr. Roger Foster for Messrs. George Whitfield Betts, Jr., and J. respondent.

April 9, 1900. Denied.

Parker Kirlin for respondent.

April 9, 1900. Denied.

NEW ORLEANS & NORTH EASTERN RAILROAD | ALBERT H. WAITE, Petitioner, v. SANTA COMPANY, Petitioner, v. E. T. CLEMENTS.

CASES

ARGUED AND DECIDED

IN THE

SUPREME COURT

OF THE

UNITED STATES

ΔΙ

OCTOBER TERM, 1899.

Vol. 178.