Page:Federal Reporter, 1st Series, Volume 3.djvu/242

THE OENEBAL BUBNSIDB. 235 �care of the rights of its own citizens as against foreign citî- zens. The rule that has found its way into the books, and which has been sustained by quite a number of able and re- spectable jurists, is, in effect, that in a conflict between a material man in Windsor, across the river, and a material man in the state of Michigan, in the city of Detroit, this court ■would be bound to exclude its own citizens for the benefit of the citizens living across the river. The confusion and con- flict that would arise in the frequent passage of vessels up and down these waters can readily be imagined, �The courts of the United -States liave made some innova- tions in order to adapt the admiralty laws to the exigencies of our situation to inland navigation; and, if there were decisions by the supreme court of the United States upon this question, I should, of course, adhere to them, and so ad- minister the law; but as there are none, though there are confiicting cases in the minor courts, and I think the majority are in favor of the decree of the district court, the same ruling having been made by the leamed judge of the western dis- trict, by Judge Drummond of Chicago, and by Judge Sherman of Cleveland, yet these are decisions reached by subordinate tribunals, reasoning from analogy, and I do aot know but they have gone so far as to be obligatory upon other judges. In this particular case, however, I hold that I am at liberty to look to and decide upon first principles, considering the question as an open one. In administering the law upon this question I bave determined to mete out equal justice to every one, and to recognize th« claims which the laws of the state give to parties. It cannot be said that when a law of Michi- gan confers upon or invests a party with a good and valid lien, that that lien, thus created, cannot assume an equality of right with liens arising by implication of law. If I should make a mistake in thus holding, it will not affect a great deal in this particular case, and perhaps the decision may attract some attention from congress, inducing some legisla- tion reconciling this conflict and establishing a uniform ■national code. I think a point has been reached where we leau only get out of these numerous diffieulties, originating, I ����