Page:Federal Reporter, 1st Series, Volume 9.djvu/798

KEW HA YEN STEAM SAW-MILL 00. V. SECUKITY INS. 00. 7^3 �words "and to use gulf ports not west of New Orleans." The word "and" is a copulative, It makes of the second branch of the sentence a permission, and that branch is to be read as if the word "permitted" was inserted between "and" and "to." The use of gulf ports in the United States, not west of New Orleans, had not been prohibited by the printed clauses. But then came in the first written line, declaring affirmatively what the voyages should be. As the use of gulf ports in the United States, not west of New Orleans, was not forbidden by the printed clauses, the special permission in the second written line to use them was wholly useless, if the use of them was allowed by the words in the first written line, "the coasting trade on the United States Atlantic coast." These last words niust be construed as not including voyages to gulf ports not west of New Orleans, in order to make the two sentences symmetrical. �For the purpose of snpporting the viewthat "the coasting trade on the United States Atlantic coast" includes coasting trade in the gulf up to the line of Mexico, and that the vessel was on a voyage in such trade, the advocate for the libellant con tends in this court that the words "and to use gulf ports not west of New Orleans" are to be read as if they were "and not to use gulf ports west of New Orleans," 80 as to make of it a warranty not to use ports west of New Orleans, and a warranty not broken because no such port was used, while the voyage was a lawful one because in a permitted coasting trade. This is ingenious but not sound. "Permitted not to use" is not a form of expression that any person of intelligence would use. There are two permissions in the sentence. One is to carry something; the other to use something. The right to carry the thing so permitted was prohibited but for the permission. The right to use the thing so permitted was not within the coasting trade allowed, but for the per- mission. Both of the written Unes in regard to voyages refer to the subject-matter of the insurance. If the vessel, when lost, was not employed in the coasting trade on the United States Atlantic coast, and was not availing herself of the permission to use gulf ports not west of New Orleans, the risk was not covered by the policy. �The voyage clauses must be held to mean that the vessel was to be employed in the coasting trade on the United States Atlantic coast proper, excluding the gulf, but with the added permission that she might use ports in the gulf not west of New Orleans, and might enter the gulf for the purpose of proceeding to such ports with a view to use them. A voyage in the gulf west of New Orleans, with a view ��� �