Oliver Wendell Holmes, Jr.

“ It is true that the act goes on that nothing in it shall be considered to give a lien where the furnisher knew, or by the exercise of reasonable diligence could have ascertained, that because of the terms of a charter party, or for any other reason, the person ordering the necessaries was without authority to bind the vessel. But the authority of the owner to prohibit or to speak was displaced, so far as the charter went, by that conferred upon the charterers, who became owners prohac vice, and therefore, unless the charter excluded the master's power, the owner could not forbid its use. ”

“ It is agreed by both courts below that if the owner had power to prevent the attaching of a lien by its warning it had done so. Both courts however held that the charter gave the master power to create the lien. 233 Fed. 327; 247 Fed. 84, 159 C. C. A. 302.
By the Act of June 23, 1910, c. 373, § 1, 36 Stat. 604 (Comp. St. § 7783) , a maritime lien is given for such supplies and by section 3 (Comp. St. § 7785) a presumption is declared that a master appointed by a charterer has authority from the owner to procure them. ”

“ There was also a provision that the owner might retake the vessel in case of failure of Levick to discharge within thirty days any debts which were liens upon it, and another for surrender of the vessel free of all liens upon Levick's failure to make certain payments. ”