THE EVANSVILLE., (S.D.Tex. 1935)

KENNERLY, District Judge.

This is a proceeding in rem by libelant against the steamship Evansville to recover wages; libelant having been master of such steamship. Under Alabama Dry Dock Shipbuilding Co. v. Foster (C.C.A.) 31 F.2d 394, Foster v. Alabama Dry Dock Shipbuilding Co., 280 U.S. 555, 50 S.Ct. 16, 74 L.Ed. 611, and Warner v. Goltra, 293 U.S. 155, 55 S.Ct. 46, 79 L.Ed. 254, I think a master has no maritime lien for wages. It is not shown in this case that libelant has a lien under the laws of Texas.

Since libelant has no lien, this proceeding in rem may not be maintained, and it will be dismissed.