Oliver Wendell Holmes, Jr.

“ We see no sufficient reason for throwing doubt upon this premise for the decision, but there is another that comes earlier in point of logic. The United States is the owner, in possession of the vessel. ”

“ Stat. 1901, p. 1059; that the petitioner bid more than the appraised value, sending a certified check for the whole sum bid; that when the bids were opened on the day fixed, the petitioner's was the highest, but that the Secretary refused to deliver the vessel, and sent back the check, which the petitioner holds subject to the Secretary's order. ”