Joseph McKenna

“ Does the contract of the parties provide for such situation and take care of it, and assign its consequences? The charter party provides, as we have seen, that 'Freight to be prepaid net on signing bills of lading. * * * Freight earned, retained and irrevocable, vessel lost or not lost.' And it is provided that this provision is, with other provisions, 'to be embodied' in the bill of lading. They seem necessarily, therefore, deliberately adopted to be the measure of the rights and obligations of shipper and carrier. ”

“ We cannot step in with another and different accommodation. It is urged, however, that there is no provision in the contract (charter party and bill of lading) of the Oil Company excepting 'restraints of princes, rulers and peoples' and that, therefore, the carrier was not relieved from its obligation by the refusal of clearance to sailing vessels. And it is further urged that such embargo was at most but a temporary impediment and the cargo should have been retained until the impediment was removed or transported in a vessel not subject to it. ”

“ On November 1, 1917, the Allanwilde, owned by the Allanwilde Transport Corporation, was seized upon libels filed by the Vacuum Oil Company and A. W. Pidwell, respectively, each of which had shipped certain goods to be carried from New York to Rochefort, France. ”