Hugo Black

“ The question for decision is whether the Circuit Court correctly held that the action of the 'Bohemian Club' in anchoring in the channel at the point of the collision was unlawful under Section 15 of the Act of March 3, 1899. The command of Section 15 forbidding vessels to 'anchor * * * in navigable channels' has uniformly been interpreted not to be absolute. [5] An exception to the duty required by this section has been recognized where literal compliance with its terms would create a danger to navigation which could be avoided or reduced by violation of its terms. ”

“ The Socony No. 9, 2 Cir., 74 F.2d 233.↑ The opinion of the Circuit Court emphasizes the fact that the 'Bohemian Club' did not obstruct southbound traffic in her first position but did obstruct this traffic in her second position. Since, however, the 'Bohemian Club' obstructed the northbound traffic in her first position, this fact could not be material unless there was evidence that her Master should have anticipated that the volume of southbound traffic would be heavier than that of northbound traffic. ”