Mahlon Pitney

“ Section 47 of the Canal Law provides for an action before the Court of Claims for certain kinds of damages arising from the use or management of the canals; but in terms it is provided that this 'shall not extend to claims arising from damages resulting from the navigation of the canals.' There is no suggestion that the superintendent was or is acting under color of an unconstitutional law, or otherwise than in the due course of his duty under the Constitution and laws of the state of New York. ”

“ Ct. 504, 33 L. Ed. 842, the court demonstrated the impropriety of construing the amendment so as to leave it open for citizens to sue their own state in the federal courts; and it seems to us equally clear that it cannot with propriety be construed to leave open a suit against a state in the admiralty jurisdiction by individuals, whether its own citizens or not. ”

“ Much reliance is placed upon Workman v. New York City, 179 U.S. 552, 21 Sup. Ct. 212, 45 L. Ed. 314. But that dealt with a question of the substantive law of admiralty, not the power to exercise jurisdiction over the person of defendant, and in the opinion the court was careful to distinguish between the immunity from jurisdiction attributable to a sovereign upon grounds of policy, and immunity from liability in a particular case. ”

“ In each case the tug was claimed by Frank F. Fix and Charles Fix, partners in business under the name of Fix Bros., of Buffalo, N. Y., and released from arrest on the filing of satisfactory stipulations. ”