Opinion

United States v. Hamburg-Amerikanische Packetfahrt Actien Gesellschaft

  • 212 F. 40
  • 1914 U.S. App. LEXIS 2054
Court
Court of Appeals for the Second Circuit
Filed
Jan 13, 1914
Status
Published
Author
Lacombe
On the bench
Lacombe, Rogers, Ward
Cited by
8 cases

The opinion

LACOMBE, Circuit Judge

(concurring). For the purposes of this action it may be assumed that the government is correct in the contention that it has such a property in the mails as would permit it to maintain suit for their loss. I therefore have not found it necessary to look into that branch of the case and express no opinion thereon. I concur with Judge ROGERS in his discussion of the main question in the case and in his conclusion that the Limited Liability Statutes apply to the government. It seems to me that these acts were passed, not for the benefit of a class, but emphatically for the public good; for the good of the whole people. The object was to put this country on a better basis by stimulating the growth of a mercantile marine, whereby this country could compete with other nations in the carrying trade, so that the resources of the country in time of peace would be increased, and a valuable naval reserve, such- as other great sea powers possess, would be provided for any future time of trouble. That one class in the community happens to be primarily benefited is an incident of such legislation, but it is an incident "which, as it seems to me, should not be allowed to dwarf or obscure the main intent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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