Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge.

Suit in admiralty by J. C. Rudbach against the steamer South Coast, the South Coast Steamship Company, Claimant. Decree for libelant, and claimant appeals.

On June 19, 1915, the South Coast Steamship Company chartered to Howard R. Levick, Jr., with the right of purchase, the steam schooner South Coast, on terms and conditions set 'forth in the charter party, which contains, among others, the following provisions:

“Fifth. It is understood that this charter is a charter of the bare vessel, and that said party of the second part shall furnish the: crew, pay their wages, victual them, furnish all deck and engine room and saloon stores and supplies of every kind and nature, pay for all fuel, fresh water, port charges, wharfages, customs charges, customs fines, or government fines, pilotages, overtime of crew, agencies, commissions, consular charges, dry-docking, painting of the hull of said vessel, furnishing all-lines and slings, and pay all other charges whatsoever of every nature, whether of the same kind as hereinabove enumerated or otherwise, that may he incurred in or about the use of said vessel during the term of this charter.”

By the sixth paragraph the owner is accorded the right to appoint the master, who is to be under the orders of the charterer as to the management of the ship, and whose wages are to he paid by the charterer.

By the eighth paragraph, in default of any payment, or upon failure on the part of the charterer, within 30 days after incurring the same, to discharge any debts or liabilities which are liens on the vessel, the owner is given the right to withdraw the vessel from the service of the charterer.

By the tenth paragraph it is provided that, if the payments (charter hire) are not made, then, at the option of the owner, the vessel shall he delivered to It, “free from all liens and claims of every kind or description whatsoever during the term of this charter party, except the lien for any salvage services that may be rendered to said vessel, and that lie, the said party of the second part, will hold and save harmless the said party of the first part from all liens, claims, or demands upon or against the said vessel that may be preferred against the said party of the first part or against the said vessel, and arising or created during the term of this charter party, except any claim for salvage services that may he rendered to said vessel, and further will save said party of the first part harmless from all liens, losses, damages, costs, or expenses that said party of the first part may sustain or be put to in consequence of such liens, claims, or demands, or in respect to any litigation arising out of or in respect thereto or connected therewith.”

As to the further facts, we adopt the statement of the trial court, as follows:

“Libelant furnished stqrplies at various times to the steamer South Coast lit the» harbor of San Pedro, each time on the order of the person, then her master. The vessel was, during this period, being operated by one Levick under a charter from the owners, which charter was also, in the nature of a conditional bill of sale, or option to purchase. Libelant, before furnishing any of the supplies in question, was informed that the vessel was under charter to Levick and had been warned by the owners of the vessel not to have any bills go on the ship’s account, and had also been advised that Levick and Oliver would pay the bills. To this lie replied that it was immaterial to him who paid the bills, but that he would not sell any goods to the ship in any other way than by charging them to the ship and her owners, and if they did not want it that way he would not deliver any goods. This was stated by him to one Mills, who first informed him that Levick was operating the ship, and who had been directed by the owners to give him warning not to sell on the credit of the ship. He was also warned by Mr. Sooy, one of the owners, not to deliver any goods on the credit of the ship. So that if the owners, after the delivery of the ship to the charterers, had any power to prevent the attaching of a lien for supplies by warning the libelant not to furnish such supplies on the credit of the ship, such warning was clearly and definitely given.”