James Clark McReynolds

“ Answering by proctor, May 31, 1921, the vessel denied liability and objected to the jurisdiction, because it was 'owned and operated by Transportes Maritimos do Estado, a department of the sovereign foreign government of Portugal as aforesaid, and that it cannot be sued in any of the courts of the United States without its consent, and that this action is in substance and effect an action against the government of Portugal, and as such is not maintainable against this respondent.' An interlocutory decree of June 9, 1923, directed the master to ascertain the amount due. ”

“ There has been ample time and opportunity for advancing the claim of immunity in the customary manner. Ex parte Muir, 254 U.S. 522, 41 Sup. Ct. 185, 65 L. Ed. 383; The Pesaro, 255 U.S. 216, 218, 219, 41 Sup. Ct. 308, 65 L. Ed. 592 ”