The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-16
Judge Hanford Decides in Favor of the
Shanghaied Sailors.

TACOMA, Feb. l5.-Ispeoial. Judge Haniord,
of the United States district court. this after
noon charged the captain of the British sh!p
karoo with shaughaing several members of his
crew and kidnapping one young man who cane
aboard 10 assist a Rio Janeiro boarding master
in shipping the karoos e;ew from that port.
For several reasons this decision will attract
the attention OF shipping masters, captains and
ship owners at ell shipping oenters. The crews
OF vessels touching at this port have from time
to time accused captains Of Irregularities such
as cruelty, lack Of proper food and non payment
OF wages. On tho other hand. the captain
OF the karoo and other captains have
endeavored to work up q sentiment
that seamen have, as the result of the enc3ur-
agement of alleged shyster lawyers, and citi-
zens who it is charged ought to know better
become emboldened. and have fallen into the
haoit, pernicious to captains and owners, OF de-
serting at the port of Tacoma. II has even been
charged that if this encouragement were not
chokcd of, foreign snip owners aud captains
would become preiudiced against the port to its
commercial detrimcnt. At wharf conference
oil captains IL was agreed the sense OF those
present that seamen should not be encouraged
To desert. In word, the captains and those pro-
Tossing knowledge OF the sailor mans habits
declare that all having the shipping interests OF
Tacoma at heart, should not give ear to their
complaints. The Commercial Club adopted a
tains and owners To the annoyances caused by
unwarranted desertion OF seamen.
Three reasons are asst gned by Judge Hanford
why he should take jurisdiction of this action
OF sailors for wages First, there is no British
consul at Tacoma, and the consul at Port Town
send having made no response to a request to
settle the dispute, excep, by demand for pay
ment or security for payment of his fees and
expenses-with which demand the seamer
could not comply. Second, because two OF the
libe llants were American citizens, the case
could not have been taken out OF the Uuited
| States courts. Third, all of the ibellants ex-
| cept two were brought to this county without
| having been lawfully bound by any contract,
| and are therefore free to leave the vessel and
| sue for wages.
Owing to a wide divergence Of opinion on
| both sides the court was compelled to weigh the
evidence with great care. aud finds that the
| captain of the Karoo left Barra, a British port
having on board sesmen not lawfully shipped.
| As an excuse for this the captain charges the
| shipping commissioner with negligence. The
commissioner did sign part of the crew, and the
| court says the statement of the captain is uu-
| warrantabe and improbable. Now the captain
| says some Of the men were foreigners, and the
| commissioner refused TO sign them. AT Rio
Janeiro most OF the crew deserted, aud the
karoo was brought TO Tacoma with a crew none
| of whom signed the shipping articles in the
| u.
| sanction their services because they were de.
| scrters from other vessels at that harbor This
| the court says was an arbitrary and uureAsoua.
| Bile piece of stubbornnsss
The court refers to the shaughaied and kid.
| naped sailors thus;
II appears that the captain employed a ship.
| ping, or boarding master At Rio to secure a
| crew. The signing Of the articles on board the
| ship without tue presence OF the British con
| SUI was q useless PIE OF Tor nality. These
men were not given their yolition to sign the
| articles; they were not asked t. consent 10
| the terms and conditions contained IN the art:.
| Giles, but We're taken down into the cabin OF The
vessel and the shipping master wrote Their
| names and they were told the amount in a. j.
vance money that the captain sllowed al OF
which was paid 10 the shipping, or boarding
master, aud none OF which ANY Of them re-
| cetyed, except as they got the beEa-
tit OF the payment of what thew were
owing TO the shipping master aud thea theF
were ordered on deck and turned 10. Tbs
manner OF signing shipping agtic IS l. no. n
any sense the maAing or entering into o. 4 bad
ing contract These men, BY the VII. ng II
taetf names on the shipWnS articles hy tae
boarding house. master, or shipping master, were
not bound To perform this vbya-e OF remain n
the service Of that snip any rarjic-!sy uls.
they were not bound by the rate % wages. thew
have the right II leave the vessel 10 thls uort
aud IN leaving her DO mol become deseF,eJs az
| forfeit their wspes, aud tbey are entitled TO re,
cover on q i,tifiHl wcruG the reasonable value
| OF their services 10 this pntt
! IL - clearly established, however. that three
| OF these men taken ON board the vgsse, a, Re
were not taken on bossS fo- the purpose ol
/ making the VOYAGE IN the sh.u vita their con.
! sent, bat thcy were "Shaaghu.ed7 Two "a
them were iuvcisied ~ the boarding house
master, whom the cap ain OF the sAipNtapioy ed
| to get crew Tor b m "a the prsteuSc g. worS.
INK As stcNeanrcs While tse vessel WAS III port al
! Rio aad under an agreement that they woliil bl
raid at the rate Vt 10 shiltugs \ day for then
! t.iae When the vasSVi Nss through with the
l services as stCvciores they requested pcrr,lS
sion 10 60 ca shore au4 were re used by the cap
tain. They were unable 70 80 On shors
/ because the Sesse cu- al an,
wharf, bat was st a distance from the shore
and there was no boat which the inca could OBJ
| tain for the purpose They wrrc tald that they
| wuujd have TO remain ia the ship aud go 10 II,
| shln 20 which they never consented. These AZ
facts. sworn 70 by these men, and not dea.ctf 81
| attempted 20 be deaiet by the CartA3u in III
| testimony, and she mAuncr in wa "a the ship
| ping articles ara stgard shows that thel
| never signed the shiPpiRg SrticscS. somebody
! else did Il 4aE them and thSt wss done. a, te,
| testimony Shows, alter thgy were, &,
aud detained there against their VII!
4 The other man was taken GA board the ship b.
| thiS boarding. house master simpiy 20 assist \ n
| ia EctrEux out e. the vessel 90 carry the othS
I men on h1asd. aud was lett On eoAr,i the vcSse
I when The boariinE- house master went ashore
I lie requested the captain before tho vessel 81
| Gut at the barbor. and wafle she was ia tow o
| the tGe Informed the ulssser, taat ne Waa not Il
! coualtioa % so Ia SEA, thai he hal NJ outat 70
I tee voyage, and had even ell III cost ca shorc
[ The master CoaAd EASILY have sent hin
ashore il the tug without ipCcEvca
lencc or cangcr, but he detained hiEi
rc.d>od - sot hiH go cn shcye. and the So
stoFmaitty u sh5pping him, ctsimiEg that sh1
VS. entitled shin him kS a a