Note and Comment

Maritime Liens - Personality of Ship - In Coal Company v. Fisheries Company (Advanced Sheets, Nov. 15, ig2o), the Supreme Court denies a lien for supplies of coal furnished the owner of a fleet of vessels for use thereon and, incidentally, brings into stronger relief the admiralty doctrine of the personality of the ship as distinguished from that of the owner. At the time the arrangement was made, the shipowner was without money or credit and could not enter upon its operations without a supply of coal for its ships and factories. The Coal Company agreed to supply its requirements on the understanding that, while some of the fuel would be used on shore, the greater part would be consumed by the vessels and that it would have a maritime lien therefor. All deliveries were made at the shipowner\u27s factories and. the ships were fueled from its bins in quantities of which accurate accounts were kept. Towards the close of the season of navigation, the vessels were sold under a foreclosure of mortgage and the Coal Company asserted its lien by proceedings in rein against them. In affirming the decree of the Court of Appeals dismissing the libels, the Supreme Court points out that the maritime lien provided by the Act of June 23, 191O, rests upon a furnishing of supplies to the vessel and not to the owner for such appropriation to the vessel as h

Note and Comment

Public Utility Valuations and Rates - In comparing the reports of the public utility commissions with the decisions of the courts on questions of valuation of public utilities, nothing is more striking than this-that as time goes on the commissions are growingly impatient of the cost of reproduction theory, while the courts still insist there is no inflexible method of fixing value, but continue to prefer largely figures as to supposed reproduction cost. This attitude of the commissions is remarkable in view of the fact that every finding may be carried to the courts for review and possible reversal. The Illinois Commission reluctantly obeyed the direct orders of the Supreme Court to consider cost of reproduction, but refuses to treat that as the only basis. Re Springfield Consol. Ry. Co., P. U. R. Ig2o E. 474, 48o. The Interstate Commerce Commission ruled that it was practically impossible for it to find such value in the appraisal of lands of railroads as ordered by Congress in 1912. But the Supreme Court said it must do so because Congress had ordered it. U. S. v. Interstate Coin. Coin., 252 U. S

Note and Comment

Maritime Liens - Personality of Ship - In Coal Company v. Fisheries Company (Advanced Sheets, Nov. 15, ig2o), the Supreme Court denies a lien for supplies of coal furnished the owner of a fleet of vessels for use thereon and, incidentally, brings into stronger relief the admiralty doctrine of the personality of the ship as distinguished from that of the owner. At the time the arrangement was made, the shipowner was without money or credit and could not enter upon its operations without a supply of coal for its ships and factories. The Coal Company agreed to supply its requirements on the understanding that, while some of the fuel would be used on shore, the greater part would be consumed by the vessels and that it would have a maritime lien therefor. All deliveries were made at the shipowner\u27s factories and. the ships were fueled from its bins in quantities of which accurate accounts were kept. Towards the close of the season of navigation, the vessels were sold under a foreclosure of mortgage and the Coal Company asserted its lien by proceedings in rein against them. In affirming the decree of the Court of Appeals dismissing the libels, the Supreme Court points out that the maritime lien provided by the Act of June 23, 191O, rests upon a furnishing of supplies to the vessel and not to the owner for such appropriation to the vessel as h

Note and Comment

Public Utility Valuations and Rates - In comparing the reports of the public utility commissions with the decisions of the courts on questions of valuation of public utilities, nothing is more striking than this-that as time goes on the commissions are growingly impatient of the cost of reproduction theory, while the courts still insist there is no inflexible method of fixing value, but continue to prefer largely figures as to supposed reproduction cost. This attitude of the commissions is remarkable in view of the fact that every finding may be carried to the courts for review and possible reversal. The Illinois Commission reluctantly obeyed the direct orders of the Supreme Court to consider cost of reproduction, but refuses to treat that as the only basis. Re Springfield Consol. Ry. Co., P. U. R. Ig2o E. 474, 48o. The Interstate Commerce Commission ruled that it was practically impossible for it to find such value in the appraisal of lands of railroads as ordered by Congress in 1912. But the Supreme Court said it must do so because Congress had ordered it. U. S. v. Interstate Coin. Coin., 252 U. S