United States v. Worthington, Inc.

The United States brought a libel against the vessel Fisherman II, seeking to have the vessel forfeited to the United States for violation of Title 46 U.S.C.A. § 60 , § 4189, R.S. From a decree of the District Court dismissing the libel, the United States appeals.

The Fisherman II was built in 1921 in Keil, Germany. In July, 1939, a certificate of registry from the United States was obtained for the vessel, which certificate of registry contains the following language: “Admitted to American Registry under R. S. § 4132, as amended by Section 5, of the Panama Canal Act and by the Act of August 18, 1914 [ 46 U.S.C.A. § 11 ], entitling the vessel to engage only in trade with foreign countries or with the Philippine Islands, American Samoa and the Island of Guam. This vessel shall not engage in the coastwise trade.”

The libel alleges, in brief, that subsequent to June 12, 1936, the vessel “engaged in trade and/or fishing and used the Certificate of Registry heretofore referred to for a purpose for which she was not entitled to the benefit thereof and that by reason thereof a fraudulent use was made of the Certificate of Registry issued and heretofore referred to; that in particular…