Ex Parte State of New York, No. 2

Background

In October 1920, two administrators sued to recover damages after Evelyn McGahan drowned, blaming negligent operation of the Steam Tug Queen City on the Erie Canal. The Attorney General of New York formally told the court that the tug was the State’s property, used only for public government work on the Improved Erie Canal — towing dredges and barges, carrying material and workmen, and setting or removing buoys and safety devices. The District Court allowed the suit to proceed and ordered the vessel arrested; the State asked this Court to stop the seizure and declare the tug immune.

Reasoning

The central question was whether a private admiralty action can seize a vessel owned and used solely by a State for governmental purposes. The Court accepted the Attorney General’s verified statement as official evidence of ownership and use. It noted longstanding practice that municipal property used for government purposes may not be seized to satisfy private claims, and said the rule applies even more strongly to property of a State. Citing prior admiralty and international-law authorities for like principles, the Court concluded the Queen City was exempt from seizure and that the lower court should be forbidden from proceeding against it.

Real world impact

The decision prevents private maritime claimants from arresting and selling vessels that are owned by a State and devoted exclusively to its government work on public waterways. Claimants must seek other remedies where a State’s certified ownership and public use are shown. The ruling rested on facts certified by the State’s chief law officer and stops the specific admiralty proceeding against the Queen City.