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Claim for the Steamship “Liebenfels”

Published online by Cambridge University Press:  04 May 2017

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Abstract

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Type
Judicial Decisions Involving Questions of International Law
Information
American Journal of International Law , Volume 23 , Issue 3 , July 1929 , pp. 693 - 703
Copyright
Copyright © American Society of International Law 1929

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References

1 Sections 15, 19, and 20 of the River and Harbor Act approved March 3, 1899 (30 Stat. 1121, at 1152-1155).

2 Loud v. United States, 286 Fed, at page 59, and authorities there cited.

3 “ Sec. 15… . And whenever a vessel, raft, or other craft is wrecked and sunk in a navigable channel, accidentally or otherwise, it shall be the duty of the owner of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner so to do shall be unlawful; and it shall be the duty of the owner of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as hereinafter provided for.”

“ Sec. 19. That whenever the navigation of any river, lake, harbor, sound, bay, canal, or other navigable waters of the United States shall be obstructed or endangered by any sunken vessel, boat, water craft, raft, or other similar obstruction, and such obstruction has existed for a longer period than thirty days, or whenever the abandonment of such obstruction can be legally established in a less space of time, the sunken vessel, boat, water craft, raft, or other obstruction shall be subject to be broken up, removed, sold, or otherwise disposed of by the Secretary of War at his discretion, without liability for any damage to the owners of the same: … Provided further, That any money received from the sale of any such wreck, or from any contractor for the removal of wrecks, under this paragraph shall be covered into the Treasury of the United States.”

4 Loud v. United States, 286 Fed. at page 59, and authorities there cited.

5 See memorandum dated September 27, 1917, to the Secretary of State from the Minister of Switzerland transmitting a note verbale from the German Government on behalf of the owner of the Liebenfels, and the reply of the Secretary of State dated November 20, 1917, to the Minister of Switzerland to the effect that the United States Government was proceeding in the Liebenfels case under the River and Harbor Act of 1899.

6 Pages 75-82, Decisions and Opinions.