William Howard Taft

“ That 'in cases where if such vessel were privately owned or operated, or if such cargo were privately owned and possessed, a proceeding in admiralty could be maintained at the time of the commencement of the action herein provided for, a libel in personam may be brought against the United States or against such corporation, as the case may be, provided that such vessel is employed as a merchant vessel or is a tug boat operated by such corporation. ”

“ Election so to proceed shall not preclude the libellant in any proper case from seeking relief in personam in the same suit.'
We held in the case of Blamberg Bros. v. United States, 260 U.S. 452, 43 S.C.t. 179, 67 L. Ed. 346, that the act did not authorize a suit in personam against the United States as a substitute for a libel in rem, when a United States vessel was not in a port of the United States or in one of her possessions at the time of filing the libel ”

“ This same view was held by the District Court in Galban Lobo & Co. v. United States, 285 F. 665, and in Axtell v. United States, 286 F. 165. A different view was taken in a District Court of South Carolina in Middleton & Co. v. ”