Messrs. John P. Hannon and William P. Lord, both of Portland Or., and Andrew G. Haley, of Washington, D.C., for petitioner.
Messrs. Lane Summers, F. T. Merritt, and W. H. Hayden, all of Seattle, Wash., for respondents. [297 U.S. 114, 115]
Mr. Chief Justice HUGHES delivered the opinion of the Court.
Petitioner brought this libel in 1931, in the District Court for the Western District of Washington, against the vessel 'Taigen Maru,' for personal injuries which he sustained as a seaman in 1922. The vessel was then known as the 'Luise Nielsen' and was of Norwegian registry. The respondent Ocean Transport Company, Limited, a Japanese corporation, made claim as owner, and filed exceptions alleging that a final decree had been entered in the District Court for the District of Oregon in 1924, dismissing a libel, for the same cause, on the intervention of the Norwegian consul.
In the present case, there was again an intervention by the Norwegian consul, who claimed that, while the vessel was now Japanese, he was nevertheless officially concerned, as the former Norwegian owner had agreed to deliver the vessel 'free from all debts and encumbrances.' The consul filed exceptive allegations to the effect that the libelant, a Dutch subject, had signed Norwegian articles and, so far as his rights as a seaman were concerned, was bound by the laws of Norway, which provided for appropriate remedies. The consul asked that, if the cause was not dismissed because of the former decree, the dispute should be left for his adjustment and disposition. The libelant made response and, on hearing, the District Court dismissed the cause 'in the exercise of its discretion.'
The Circuit Court of App als affirmed the decree, but upon the ground that the dismissal should have been for want of jurisdiction rather than as an exercise of discretion. The Taigen Maru, 73 F.(2d) 922. The court based its decision upon the second paragraph of article 13 of the Treaty of Commerce and Navigation, of July 4, 1827, between the United States and the Kingdom of Sweden and Norway, the text [297 U.S. 114, 116] of which is given in the margin. 1 The court assumed that this provision was still in effect, apparently not being advised of the fact that articles 13 and 14 of that treaty had been terminated in 1919. See Foreign Relations of the United States, 1919, pp. 47-54.
Section 16 of the Seamen's Act of March 4, 1915 (22 U.S.C.A. 258 note)2 expressed 'the judgment of Congress' that treaty provisions in conflict with the provisions of the act 'ought to be terminated,' and the President was 'requested and directed' to give notice to that effect to the several governments concerned within ninety days after the passage of the act. It appears that, in consequence, notice was given and that a large number of treaties were terminated in whole or in part. 3 The Treaty with Sweden and Norway of 1827 provided that it might be terminated, after an initial period of ten years, upon one year's notice. 4 On February 2, 1918, the governmet gave notice to the Norwegian government of the denunciation of the treaty in its entirety, to take effect on February 2, 1919, but later by an exchange of diplomatic [297 U.S. 114, 117] notes, this government formally withdrew its denunciation, except as to articles 13 and 14. Foreign Relations of the United States, 1919, pp. 50- 52. It was expressly stated that articles 13 and 14 of the treaty, being in conflict with provisions of the Seamen's Act, were deemed to be terminated on July 1, 1916, so far as the laws of the United States were concerned. Id., pp. 53, 54.
On June 5, 1928, the two governments signed a Treaty of Friendship, Commerce, and Consular Rights, and on February 25, 1929, an additional article, which supplanted the Treaty of 1827 (so far as the latter had remained effective), save that article 1 of the former treaty, concerning the entry and residence of the nationals of the one country in the territories of the other for the purposes of trade, was continued in force.