Henry Billings Brown

“ In fact, the question of lien or no lien is not one of jurisdiction, but of merits.
It is true that there can be no decree in rem against the vessel except for the enforcement of a lien given by the maritime law, or by a state law; but, if the existence of such a lien were a question of jurisdiction, then nearly every question arising upon the merits could be made one of jurisdiction. Thus, supplies furnished to a vessel import a lien only when they are sold upon her credit, and the defense ordinarily made to such claims is that they were sold upon the personal credit of the owner or charterer ”

“ The sole question presented by the record in this case is whether the court was correct in assuming jurisdiction of a libel for seamen's wages which accrued while the vessel was in the custody of a receiver, appointed by a state court, upon the foreclosure of a mortgage upon the property of the Oregon & Pacific Railroad Company, owner of the tug.
Jurisdiction is the power to adjudicate a case upon the merits, and dispose of it as justice may require. ”

“ Were the lienholders upon these vessels paid from the purchase money, according to their relative rank, as they would have been had the sale been conducted by a court of admiralty? If they were, that would amount to very strong, if not conclusive, evidence against the subsequent endeavor to enforce the liens in a court of admiralty. ”