The Arabien

In each of these libels recovery is sought of the value of certain merchandise, which libelants claim was delivered to and accepted by the steamship Arabien at San Francisco, for transportation to Japanese ports. Only a right in rem has been asserted, and these proceedings therefore are to foreclose purported liens on the vessel. Respondents’ answers deny the delivery and acceptance, and also deny any agreement for transportation.

It appears that on September 18, 1917, the Steamship Company Orient chartered the Arabien at a lump rental to the American Asiatic Company, Inc., of which one L. A. McBride was president and virtually sole owner, for one voyage from San Francisco to Yokohama and Kobe; the vessel to furnish officers, crew, and stevedores, her stowage to be under the captain’s supervision, and “the captain to sign bills of lading as desired by charterers or their agents, without prejudice to this charter party.” The charterer thereupon inserted advertisements in the Guide and the Daily Commercial News, in which it invited the shipping public to make reservations of space for trans-Paeifie shipments, naming the Arabien and her intended ports of destination. Publication of…