L. Littlejohn & Co. v. United States

Background

On October 9, 1919, the steamships Antigone and Gaelic Prince collided in New York Harbor, causing serious injury to the Gaelic Prince and its cargo. The private owners filed suit on February 19, 1921, relying on the Suits in Admiralty Act and alleging the Antigone was privately owned and at fault. The United States responded that it owned and controlled the Antigone at the time of the collision, so the court lacked jurisdiction to hear the private claims. A factual inquiry followed.

Reasoning

The main question was whether Congress and the President lawfully converted the German merchant ship Neckar into U.S. property and control. The Court relied on a Joint Resolution of May 12, 1917, authorizing the President to take “possession and title” of enemy vessels, and on the Executive Order and administrative steps that followed. The ship was taken into U.S. custody July 17, 1917, renamed Antigone, transferred among U.S. agencies, and was operating with a U.S. transport crew on October 9, 1919. The Court held the Resolution’s language was plain, that Congress had power to authorize the seizure, and that courts must recognize the seizure as lawful. Because the established facts showed U.S. ownership and operation, the lower court rightly dismissed the private libels.

Real world impact

The decision makes clear that when Congress and the President lawfully take possession and title of an enemy ship, the United States becomes the owner and private damage suits tied to the vessel can be dismissed. The resolution also provided for a board of survey to fix value, and those findings serve as competent evidence in any compensation claims against the Government.