Joseph McKenna

“ Their declaration is that 'prepaid freight is to be considered as earned on shipment of the goods and is to be retained by the vessel's owners, vessel or cargo lost or not lost.' The declaration is clear, and, in anxiety of purpose, uses some tautology. The words 'prepaid freight is to be considered as earned' declare a completed right and carried the power of retention without the expression of the latter. And the expression of the right and the power cannot be put aside. ”

“ We are not insensible to the appealing force of the contentions nor to the strength of the argument advanced to support them, but the contract determines against them and the reasons for assigning to it that effect we have given in our opinions in the other cases. ”

“ Ct. 149, 63 L. Ed. 318, being a suit in admiralty, as they were, to recover prepaid freight upon a shipment of articles of merchandise which were not carried to destination, the carriage having been prevented by action of the government. Judgment was rendered for libelant and the case taken to the Circuit Court of Appeals.
The case is here on certificate from that court (254 Fed. 987) , induced, as the court recites, by its decision in the case of International Paper Co. v. The Schooner Gracie D. Chambers (No. 479) , to review which a certiorari has been granted by this court. ”