Hoffman

This is an appeal from a final decree holding the Steamer Baja California,, owned by the appellant Republic of Mexico, hereinafter called the Republic, liable and awarding damages for the sinking and ■total loss of the American Schooner Lottie Carson in the Harbor of Mazatlan, Mexico, by the Baja California, then towing the *855 Mexican Steamer Campeche, causing her tow to collide with the Lottie Carson. The sole question on the appeal is the validity of an order of the district court denying the Republic’s claim of the Baja California’s immunity from the jurisdiction of that court.

The appellee Hoffman had libeled the Baja California, a monition in rem issued to the Marshal, who gave due notice by citation to all persons claiming her. It is conceded that the Republic’s ownership and possession and her occupation in its service when the vessel was attached by the process in rem, would entitle it to withdraw her from the court’s jurisdiction. Absent such ownership, possession and occupation, the jurisdiction continues and the Republic, if so advised, could contest the issues tendered by the libel. It is also conceded that the Baja California is liable for the injuries and the…

(concurring in the result).

The Mexican steamship Campeche, in tow of the Mexican steamship Baja California, collided with the Amerian schooner Lottie Carson in the harbor of Mazatlan, Sinaloa, Mexico. The Baja California, was owned by appellant, the Republic ofj Mexico, but was not in appellant’s possession or service. Instead, she was in the possession of and was operated by a Mexican corporation. The collision was caused by the corporation’s negligence and resulted in the sinking and total loss of the Lottie Carson. Appellee, R. B. Hoffman, owner of the Lottie Carson, libeled the Baja California in the District Court of the United States for the Southern District of California, seeking thereby to recover damages for the loss of the Lottie Carson. Process was issued and the Baja California, being then within the Southern District of California, was attached by the United States Marshal for that District.

Appellant, appearing specially, suggested to the court that the Baja California was immune from process and hence should be released. 1 In a note to the Secretary of State of the United States, appellant’s Ambassador to the United States claimed that the Baja California was…