Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1888-03-16
AN IMPORTANT DECISION.
rHR COAST sHAMHN's uHIoN VICTORIOUS
n TIE CASE cR 1au pRsnnr'
INo sAILO8s.

In the case Of The United States
against John O'Lsssy and elk other
sailors Oh board the ship Fannie Tuck
or. charged BY the captain, D. N. Green
leaf, With disobedisuee Of commance
and dcsertiop, which Gas tried ysstes-
day before Ju:Re Eben Smith, Y. b.
Commissioners, an important dsoistou
vas rendered which sertousiv aasose
the whole Pacific Coast. TIE men voc
vefe arrested vers all nemhess OF TIRE
Coast Seamsu's Uniou and the union
vaRed the dabt In their behalf. Toe
couusel for ths union admitted sbe de-
sertion and disobedienoe, bot claimed
that the courts we're p0eefiess to pan
ish or prevent u. bss,pg thts broad A.
sertion upon the peculiar relation 600.
crsssioual leeislssson NON the euojeoe
beare 70 tie Pacific Ooas1. IL sgpoare
from the point ssieed soas the only laws
under which seamen can be puuishsd fos
violation Of dutv 10 the aot Of co0asese
Of Suue 7sh, 1919, which 10 the fsuooe
Shipping commissioner sct prescribing
the necessity Of articles. their form.
the reciprocal duties Of master e0d ees-
men, the rules and regulations coeoern
inc ehir piua, seamen and master. which
have been Recognised and obsyed for ~.
teen years OF N, ~ ooutinuousiy, ana
which are found In tie revised ssassies,
seeiion N96 es sea. Bat Il seems that In
jane b, 1874, congress from some On.
known oasse and for no appasens
rsasop, passed sn amen 4atoTy aes se-
latine 10 shipping. 10 which u is speei.
6cally prescribed THAT rome OF the pro.
visions Of the sos Of 1872. relating 20
% se ping eomn,ssionssr. seauen sod
masters shall apply 10 veeseis engaged
In the coastVise trade" clearly tnsimse-
ing that only vessels enasRed from
home 70 foreign yosts we're tnctuded.
The point urged nos 10 that she sss OF
1917. which prescribsd relations OF
master aud cfev, ttc.. vas wholly 70
pesied % fer - u applied 70 vessels en-
gagged In . cosstvise trade and shas -
tbe "Fsnpis Tucker" vas 90 engaged IN
The ooss,uise trade there wss NO
OF could be prohibited OF punisse6.
Counsel for tbs uni,n oiis1 the deoisisn
Of yo6ee Fox, from Maine. In the caso
Of tbs Uoised States ". ZIn., FED.
ersi Beporterl; slso the c.se OF The
United ttstss ". yuchlsy, arising 70
sau Fraooi.eo. decided By JudRe Hod-
nan in Aueuss isse. I3l Federal Re-
porter I; and In further support Of the
position most especially relied upon .
iafe decision rendered BY Jndee bsvyer
| at san Francisco. upou . case sRssina
a. Port Tospsepd originally. where the
point seems TO have bern 6fss raised By
| sbe union. In shicb Jodse ssWyss Roes
| e far % 70 say that ''in vessels enesRsd
| IN the coast utss trade. sailors need not
siau srtielss, that masters need noe
shio msu before commissioned. and
thai men can abandon the ship ~ suy
post they plsasc. disobey vhsossss they
choose snd thas the only peosity IN
such oasss 10 ihe forfeiture OF vsRee,"
and inst mates farther shst no master
can compel seamen 10 d. any acts they
d, cot wholly desire. After full ssGu-
mtus 10 the matter By the asslse-
ans GATED States attorney repre-
senting tbs govsrnment. JodGe
smith dectdsd thst 10 vtev
Of tie lav apessentiy established. te
would hold tbs position VII taken By
the deseudsuts, and notvtthstsnding
auy Judgment be bad ~ 10 the guilt Of
the ssiIoss. be voaId be compelled 70
dtse barge shem, which b 6id.
This deessiun, esssbisshed nov - 10
| IL all over the coast, neeeesffetss tmms.
date aesiou BY eonGfess 10 the isterese
Of Pse16c coast shiepsns for. - u 10
nov, no master has any pfotectsop from
| disobedisuce, desestion of motio OF bic
| sailors; neither can they be po1ishsd.
| II shis state Of sdaiss eoosspuss 20 pre-
vail, shipping vsii b deDofai.zsd, -
sts,e u 10 trade upon she Pscifio csess
entering into wsshipa on 1sffit0fy
| that Is not ooassvise tfsde.