Oliver Wendell Holmes, Jr.

“ The statute does not say that the fine or penalty previously mentioned shall be a lien upon the vessel but that a penalty of $1,000 shall be. It seems to us as plain that this is the sum to be demanded as it is that the right to demand it does not depend upon a conviction of the owner or agent of the ship. ”

“ We are of opinion that the language of the statute is too definite to be escaped by construction. After dealing with the personal liability of owners and agents of vessels and transportation lines, the section passed to another matter, the liability of vessels. It provides a remedy against them irrespective of any fine that may have been incurred by owners or agents. The liability is not a security for any such fine, it is a new one. ”