The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-09-17
DISTRICT COURT.
Maine District, September 13, 1880
THE AMALIA.

THE AMALTA.
Fox D. This libel is instituted by the sec
ond mate, steward and all the seamen, praying
to be discharged from further service in this
barque, and for the payment of their wages on
account Of short allowance of provisions ON a
voyage of one hundred and twenty-four days
from Alexandria Egypt to this port, and also
on account of ill treatment by the officers of
the ship. This vessel is under the Swedish
flag. hailing from Hernosand, in Sweden-the
master is n Swede, some of the libellants are
citizens of that country, while Others are sub
iects of Denmark and Prussia Some OF the
crew were shipped at Hernosand, and some in
New York, all for two years voyage (Which
time has not yet expired) and until the YES
sells return to Sweden. There being no con-
sui or other representative of Sweden within
the jurisdiction of this Courtsupon reading the
libel, it was deemed proper to grant process
against the ship, then in the harbor of Port
land. On the return day the master appeared
and presented preliminary objection to the
Courts further proceeding in the cause, for
uuO lCdoOu tudt tlo sup was u IOrelgn vessel,
and her crew must be taken as belonging to
the nationality of her flag and that under such
circumstances the District Court should not
interpose in controversy of this description,
between foreign ship and her crew.
In all differences between offices and crew
of a foreign vessel, which have been presented
to this Court the Court has heretofore, in ey-
cry instance, declined to assume jurisdiction.
whenever there has been within the District
any representatives of the Government to
which such ship belonged, and has invariably
remitted to such representative all such con-
troverses for his determination-in all such
cases the Court has recognized the rule an
nounced by the Privy Council in the Nina
L. r. ?. G. 80, that the nationality of the YES
sci and not the nationality of any one of her
crew, asking the interposition of the Court,
should regulate the action of the Court-and
all OF the crew OF this ship, for the purpose of
this investigation must be deemed Swedish
subjects, Notwithstanding it appears that some
OF them are in fact citizens of other natiOnali-
ties.
1t cannot admit Of question that the District
Court, unless restricted by some treaty stipula-
tion, has jurisdiction, in case for wages,
against foreign vessel and that the exercise
of such jurisdiction is discretionary and In the
exercise of such discretion the allegations
found in this libel require of the Court, in the
absence of any Swedish representative, to in
vestigate the cause SO far as to ascertain
whether the facts and reasons alleged for the
crews discharge, are established by the evil
dence; the cause therefore, was allowed to
proceed to O hearing and at the close of the
testimony of the libelants, the attention of the
Court was first called to the 18th article of the
treaty between Sweden and the United States,
OF July 4th, 1927, in vol. 8, u. s. Statutes,
page 352. By thisiarticle it was stipulated
"that each country should have the right to
appoint consuls. vice consuls &C., in the CON-
mercial ports and places of the other country
and that such consuls &C., "shall have the
right as such to sit as judges and arbiters in
such differences as may arse between the cap
tain and crews of the vessel belonging to the
nation whose interests are committed to their
charge without the interference of the local
authorities" This Court is bound to recog-
nize and obey this provision of the treaty as
completely as if the same were contained in
an act of Congress, and the question which
arises is whether. there being.nosconsul or 9TH
er officer OF Sweden within this jurisdiction,
the nearest being vice consul at Boston, this
Court is, by this provision Of the treaty, de-
barred from exercising its authority in the
present case 1t seems quite clear to me that
the Court is snotthussousted of its jurisdiction
the purpose of this provision was to provide
proper means of redress, for the parties men,
toned in the treaty when difficulties should
occur between them and it was certainly iu-
dicious that such questions should be decided
by the consul or other officer Of their respec-
tive countries conversant with the language of
the disputants and who may well be supposed
to be acquainted with the laws and customs
which should determine their respective
claims; but whenever the parties are in such
position that they cannot obtain the services
of such an officer, can it be that it was the de-
sign of the treaty to leave them remediess
and to deprive the local tribunal of all author-
ity to afford any redress, however urgent the
occasion may be therefor?
If a Swedish vessel should be libelled in this
Court for supplies furnished here for which she
is liable, and is afterwards sold by a decree of
the Court, can it be that the crew, by this
provision of the treaty, are prohibited from
proceeding for the recovery OF their wages
against the surplus which may remain in the
registry? and that the Court cannot decree the
payment therefrom of their respective claims
for wages, but must, if claims of subordinate
rank are presented by our own citizens allow
such claimants to absorb the surplus without
power to afford the seamen any redress? hold
that CourtSof Admiralty would require in
treaty, the most positive, absolute prohibition
and would insist oil language, which would
not admit of any doubtful Specification before
it would acknowledge that itss.authority to pro-
tect the seamen was thus abrogated. If in
any case the power still remains in the Court
and it has authority to act when there is no
consul within its jurisdiction, the authority
must exist in all such cases, and it is only a
question of judicial discretion whether the cir
cumstances of any case are such as to require
the Court to interpose and take cognizance of
the dispute
The Amalia sailed from Hernosand the 14th of
July for Lisbon and from thence to New York,
where she arrived November oath. Five of
the crew there deserted and some of the libel
lants were there shipped in their places De-
cember 18th she sailed from New York for
Alexandria arriving at Gibraltar January 18th,
remained there three days and reached Alex
andria February 9th, sailed for this port
April 23d arriving at Gibraltar June 9th,
from whence she sailed on the 10Th, reaching
this place August 25th, being AZ days from AL
exandria to Gibraltar and "a from Gibraltar
to Portland.
The law of Sweden regulates the supplies
for ships crew and at the time of shipment
a small book is furnished each man, in which
is entered an abstract of the Swedish law and
also the terms of his contract and all payments
made to him in the course of the voyage are
required to be entered thereon, a practice
which might we'll be adopted in our merchant
service. From this book it appears, that each
of the ships crew, is entitled to one and half
pounds of salt beef daily for three days and
the other four days in the week, together with
eight pounds Of bread. half pound of wheat
-four, three quarters of pound of butter or ten
cubic inches of olive oil, and three quarters of
pound of sugar or one pound Of moasses per
week, nine pints of water per day are also re-
quired, tea or coffee, barley for soups and other
small stores are to be provided, about which
there is no complaint of any deficiency; when
in harbor a pound and a half of fresh meat,
may twice week be substituted for the salted,
and soup is to be furnished twice week from
fresh meat when in port.
When this vessel left Hernosand July 18th
she was furnished with all the provisions re-