U.S. Supreme Court VAN DER WEYDE v. OCEAN TRANSPORT CO., 297 U.S. 114 (1936)

[Page 297 U.S. 114, 116]

of which is given in the margin. [Footnote 1] The court assumed that this provision was still in effect, apparently not being advised of the fact that articles 13 and 14 of that treaty had been terminated in 1919. See Foreign Relations of the United States, 1919, pp. 47-54.

Section 16 of the Seamen's Act of March 4, 1915 (22 U.S.C.A. 258 note)2 expressed 'the judgment of Congress' that treaty provisions in conflict with the provisions of the act 'ought to be terminated,' and the President was 'requested and directed' to give notice to that effect to the several governments concerned within ninety days after the passage of the act. It appears that, in consequence, notice was given and that a large number of treaties were terminated in whole or in part. [Footnote 3] The Treaty with Sweden and Norway of 1827 provided that it might be terminated, after an initial period of ten years, upon one year's notice. [Footnote 4] On February 2, 1918, the governmet gave notice to the Norwegian government of the denunciation of the treaty in its entirety, to take effect on February 2, 1919, but later by an exchange of diplomatic

[Page 297 U.S. 114, 118]

sions in conflict with the act. From every point of view, it was incumbent upon the President, charged with the conduct of negotiations with foreign governments and also with the duty to take care that the laws of the United States are faithfully executed, to reach a conclusion as to the inconsistency between the provisions of the treaty and the provisions of the new law. It is not possible to say that his conclusion as to articles 13 and 14 was arbitrary or inadmissible. Having determined that their termination was necessary, the President through the Secretary of State took appropriate steps to effect it. Norway agreed to the termination of articles 13 and 14 and her consul cannot be heard to question it.

The injuries, of which libelant complains, took place after that termination. The effect of the new treaty we need not, and do not, consider, as in any event it could not be regarded as retroactively affecting the jurisdiction of the District Court.

The Circuit Court of Appeals fell into error in sustaining the dismissal of the cause upon the ground of want of jurisdiction by reason of the treaty provision invoked. We express no opinion upon any other questions which the cause may present, as these have not been considered by the courts below. They should be considered and determined.

The decree is reversed, and the cause is remanded for further proceedings in conformity with this opinion.

It is so ordered. Footnotes

Footnote 1 8 Stat. 346, 352. 'Article XIII. ... The consuls, vice consuls, or commercial agents, or the persons duly authorized to supply their places, shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews, or of the captain, should disturb the order or tranquillity of the country; or the said consuls, vice consuls, or commercial agents should require their assistance to cause their decisions to be carried into effect or supported. It is, however, understood, that this species of judgment, or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their country.'

Footnote 2 38 Stat. 1164, 1184 (22 U.S.C.A. 258 note).

Footnote 3 Foreign Relations of the United States, 1915, p. 3 et seq.; 1916, p. 33 et seq.; 1917, p. 9 et seq.; 1918, p. 3 et seq.; 1919, p. 47 et seq.

Footnote 4 Article 19, 8 Stat. 356.

Footnote 5 47 Stat. pt. 2, pp. 2135, 2158, 2159.