Walter Mahlum v. Robert O. Carlson and the Oil Screw Yukon, Her Boilers, Engines, Appurtenances and Equipment

Upon a dispute from Alaska arising out of the injuries of a seaman, Mahlum, on a fishing boat, the Oil Screw Yukon, we are asked to define the nature and extent of proper jurisdiction of the former United States District Court for the Territory of Alaska during the period January 3, 1959, to February 20, 1960, when it lingered on adjudicating cases after statehood as it was authorized to do by the Alaska Enabling Act, Public Law 85-508, 48 U.S.C.A. preceding section 21.

Mahlum was employed about June 1, 1958, by Carlson, owner, as a seaman-fisherman on the Yukon, and on June 18, 1958, while performing his duties at sea, caught his left hand in some revolving gears, with a resulting injury.

On October 27, 1958, Mahlum as libel-ant filed in the United States District Court for the Territory of Alaska, Third Division (Anchorage), a libel in rem against the Yukon and in personam as to Carlson. Thus, the admiralty jurisdiction of the court was invoked. In the libel, Mahlum asserted unseaworthiness of the vessel and negligence of Carlson and sought damages for his injury. Then there was a count for maintenance and cure. And there was a final count for loss of wages for the fishing…

(concurring).

I concur in the affirmance of the judgment in the above case upon the rationale expressed in my dissent in Woodring v. United States, 304 F.2d 308 (9th Cir.1962), and more specifically by reason of the provisions of sections 15 and 18 of the Alaska Statehood Act, 72 Stat. 339 (1958), 48 U.S.C.A. preceding section 21.

304 F.2d 285 Walter MAHLUM, Appellant, v. Robert O. CARLSON and the OIL SCREW YUKON, her boilers, engines, appurtenances and equipment, Appellees. No. 17111. United States Court of Appeals Ninth Circuit. June 7, 1962. Bell, Sanders & Tallman, and Bailey E. Bell, William H. Sanders, and James K. Tallman, Anchorage, Alaska, for appellant. Arthur D. Talbot, and Hughes & Thorsness, Anchorage, Alaska, for appellees. Before BONE, CHAMBERS and HAMLIN, Circuit Judges. CHAMBERS, Circuit Judge. 1 Upon a dispute from Alaska arising out of the injuries of a seaman, Mahlum, on a fishing boat, the Oil Screw Yukon, we are asked to define the nature and extent of proper jurisdiction of the former United States District Court for the Territory of Alaska during the period January 3, 1959, to February 20, 1960, when it lingered on adjudicating cases after statehood as it was authorized to do by the Alaska Enabling Act, Public Law 85-508, 48 U.S.C.A. preceding section 21. 2 Mahlum was employed about June 1, 1958, by Carlson, owner, as a seaman-fisherman on the Yukon, and on June 18, 1958, while performing his duties at sea, caught his left hand in some revolving gers, with a resulting injury.…