New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-23

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cordinglyi is that the owner, after the voyage
has been completed, is yet subject to charges
for its treatment until a full cure is effected
| But can not subscribe to the position
| that seamcn can exact any remunera ton
! from owners of a ship, after VOYAGE is
completed and their connection with the
vessel has ceased, IN satisfaction of ex-
| penses for their support or medical treat
ment incurred subsequent to that time.
l hold that the right of the libelant to
wages, and his right to support OF medical
treatment at the expense of respondents,
| supposlng his cure not then completed,
| ended on his arrival in New York and that
his demand for further compensation in that
behalf must be denied
| And Judge Miller sitting in the district
court holding its session in the district of
| Wisconsin, says:
at is not necessary to prove by authori-
| ties that seaman, having received an
injury or taken sick while in the service of
| the ship without his fault. is to be cured, or
rather cared for, at the expense of the ship.
This rule is very ancient, and is universally
| recognized. Sound policy in favor of COM
merce to induce seamen to ship for long
voyages, and TO perform laborious and
hazardous duties on board, and also in
trlnslc equity, sanction the rule. The rule
Is beneficial to the owner, while he NAV
deem 1t onerOus 1t encourages seamen TO
ship on lower wages, diminishes termination
to plunder, and encourages them in
the discharge of their duty; and the
master Will be watchful of their
health, and careful of their exposure to dis
ease and accidents. The right to claim for
such expenses, or such duty on the part of
the ship or vessel, in contemplation of law
Is part of the contract for wages and a
material ingredient in the compensation for
the labor and services of the seamen And
IN the admiralty remedy may be applied
ON the principle of additional wages: and in
case OF neglect or injuries of the seamen on
the part OF the ships officers, it may be ex-
tended beyond the time of Shipment or the
return of the vessel to her home port. The
services OF seamen are maritime, and
whatever enters into the compensation for
such services, and is reducible to money, is
IN equity decreed as a Just renumera-
ton for such services. This ancient and
now universal marine rule is as ap-
plicable to seamen or mariners on
the lakes, and on rivers flowing into the
ocean, as on the high seas. Seamen or mar
liners on board boats or vessels employed in
navigable fresh waters within the admiral
ty jurisdiction of the United States are mer-
chant seamen, and are entitled to all rights
and subject to all duties as such. But upon
the equitable principle of the marine law,
the same consideration under the rule NAV
not be extended unfortunately to all
classes of seamen. Humanity and the in
terests of commerce demand a liberal ex-
tension of the rule toward seamen on yes
sells employed in foreign trade. But the
same liberality need not be extended
to seaman shipping for voyage
for few days on the lakes-particu-
arly when additional wages are de-
manded at the commencement of each
voyage. From this review of American
cases, have arrived at the conclusion that
III the absence of misconduct or neglect on
the part of the officers. the obligation of
the vessel to provide for disabled or sick
seaman should only be co-extensive in dura-
ton TO that of the seaman to that of the
vessel. The privileges and liabilities of the
parties are, in contemplation of law, meas
ured by the shipping articles. Interests of
commerce do not require that the privileges
and duties of shipowners and seamen
should be extended beyond the reason.
nature and terms of the shipping contract
unless for fault, misconduct or neglect on
the part of officers of vessels toward their |
seamen, or, perhaps, when the removal of a |
sick or disabled seaman from the vessel |
or change of treatment then being prac- |
ticed might prejudice his recovery within |
reasonable time. Humanity and equity |
might require indulgence in extreme cases" !
In the first of the cases now under cen |
sideration, Jones, while at work on that |
part of a boat called the ''fantail," fell I'M
der the wheel. suffering great injuries
thereby, and running great risk of losing
his life. Now, inasmuch as it has been |
shown that the accident might have been
provided against by the erection of a rail
around that portion of the vessel, CON
slider that the absence thereof brings the
case within the regime of the doctrine,
that where the injury arises out of a neg
lect, or wrong to be attached to the ship
or any of its officers, the ship is response
BILE for all expenses of cure, even after the
end OF the voyage. | shall, therefore, refer
the matter TO Mr.. Commissioner Cohen,
with instructions to report the amount due
the libelant, including wages during the
whole time of sickness, the sums fixed for
board, lodging, medicines, and the services
u physicians and nurses.
With regard to the other two cases. one
If the Hbelants received, while in the EN-
,loyment of the boat upon which he was
injuries, the evil consequences Of
which will remain with him, in all proba-
bility, during life.
The other received injuries under like
conditions, but not to ansequal extent
Now, to hold that these persons, who
we're employed in navigating the internal
waters of the United States, where the
'oyages are necessarily short, should, when
Injured while in actual service, receive
wages, the attentions of a physician, the
are of nurse, and board, only while con
lected with the boat in whose service the
injury was received, and only during the
continuance OF the voyage in the course
# which said injury took place,
would be, not to assimiate the
principles and rules of admiralty as ap-
lied to those navigating the internal
waters of the United States, with the prin-
iples and rules of admiralty as applied to
hose who navigate the seas but to promise
Without the possibility OF performance
When | consider the daily increasing move
lent of commerce upon the lakes and navi-
able rivers of the United States, when |
onsider that as long ago as 1856 the move
lents of commerce upon the lakes was
reater i'll value than the then movement of
upon the ocean between the ports
f the United States and the ports of England
nd of the United States and the ports of
,ngland and of Europe, and when | con
der in how short a time this great
lovement of commercial wealth upon
ne internal waters of the United
tates must swell to double and quadruple
s present proportions, feel the necessity
f extending to this movement all the pro
ection, and subjecting it to all the restraints
iat admiralty has SO wisely applied to the
Ommerce of the seas. The man who is in
ommand of boat navigating the waters
the Mississippi should be taught that his
Citations TO his crew are precisely those of
ne captains upon the high seas to the crew
Inch navigate his ship; and the men who
erye upon boat navigating the waters of
ne Mississippi should be assured that ad-
liralty Will as carefully protect their rights
nd interests as it carefully protects the
ghts and interests of the sailor upon the