The morning call., 1893-04-15
CLEARED THE SHIP.
Signing British Sailors in
Victoria.
THE EMPIRE CONTRACT CREW
An Important Decision From Washing
ton as to Shipping Foreign Hands
for American Bottoms.

a new and interesting problem of the
foreign-labor contract law has been de-
cided.
The papers in the case of the United
States versus the ship Empire, which sailed
recently from Port Townsend for Poole,
England charging Captain Davis of the
vessel with violating the labor law.
were received here yesterday.
The Empire first attracted public atten-
tion by being the tran sporter of Miss Martha
Conradt TO Puget Sound, "unbeknown" to
her admirer. Henry Windel, which sensa-
tion had hardly grown old when Captain
Davis aroused the wrath of the sailors of
the north by deputing Louis ROthschild, a
Custom house broker OF Port Townsend. to
act as agent in Victoria for the purpose of
obtaining a crew of ten English sailors for
his ship. In Rothschild's testimony. which
is voluminous document, sworn to before
United States Shipping Commissioner
Swan, he states that lie was sent by Davis
10 British Columbia to get men for the EN-
pire; that he secured ten men who agreed
to ship on the Empire. and who signed
articles to that effect; that the British
Columbia tug Mystery landed the men at
night alongside of the Empire, and thatsaic
men were foreigners.
The following day agents of the Ameri-
can Sailors Association, a branch of the
union, boarded the Empire and persuaded
the Englishmen TO think better of their bar
gain.
These agents thought they saw a chance
to compel, by means of the law. Captain
Davis to hire American seamen on the
ground that the importation of foreign
workmen was violation of the law men,
toned, the Empire being an American ves-
sci, flying the American flag.
he union engaged the services of Attor-
ney George W. Tyler of SharOa-Hill fame.
The attorney wToie a typical letter to the
Collector of the Port at Port Townsend,
protesting against the shipment of the
Englisbmen, of which the following Is a
copy:
Il desire to inform you that three or four
nights ago eight drunken men were shipped
in Victoria as sailors for the ship Empire,
an American vessel Eow lying In his port !;
that British steamer was chartered and in
the night time came lnto this port and placed
said men on board of said ship, where they
are illegally restrained OF tbeir liberty
that the authorities at Washington have
been notified by telegraph of this Illegal
proceeding.
Until the legality of the Getention Of
those men is judlclaly determin ed l protest
against the clearance OF the veszeI.
Mr.. Tyler in his argument gave very
clear and original definition Df the word
sailor" but hls argument was gut short by
Commissioner Swan, who declared that lie
must consult the United States District
attorney, Jonn hleGert at Seattle, before
taking any action.
In the meanwhile Captain Davis paced
the decks of the Empire in mental agony.
He had young lady on his hands who was
anxious 10 get beyond the marine league"
and his vessel was being detained to await
the unwindng OF the red-tap5 machine at
Washington.
The Sailors Union proper was bound to
be heard In the matter, and dispatched with
all haste one John Benediktsun to Seattle
to confer with Attorney Kiefer.
Mr.. kefer did not receive the unions
representative with outstretched arms. but
questioned him in a chilling tone, What
have you got to do with the case ?''
BenediktsOn explained, but the more he
did so the more wrathy became Kiefer.
The conference finally ended by the latter
declaring that the Empire, although an
American vessel. was clearing for foreign
port. and was. therefore, not amenable to
the United States labor contract laws, and
the unions agent was told TO see United
States Shipping Commissioner Swan again.
The case was finally heard before Swan,
and after great deal of testimony had been
taken on both sides, the authorities at
Washington wired to clear the ship.
The case was very important one, inas-
much as it settles the question of whether
an American ship bound to a foreign port
can sign crew from foreign port.
The Empire sailed on March 90 from Port
Townsend.