The morning call., 1894-07-04

bark's passage Mr.. Phillips had been sick
and unable 10 attend to duty, and then
the captain adds: "Mv second mate. Har-
rison, was off duty February 16 until we
mutinous and was obliged to be on deck
continuously. Fortunately l had good
carpenter whom | could trust On deck
when | went below.
while in port some of my crew forced
them selves into my cabin in the middle OF
the night and tried to compel me to give
them money to keep up their carousing.
while at sea one of these men stood
with an open knife in his hand and dared
me to punish him. Several of his ship
mates made similar demonstrations.
"My agreement with my crew on leav-
ing San Francisco was that they should
ship for period not to exceed twelve cal
time, provided l paid them what money
was due them.
"On May | ordered them 10 the Con-
suPs Office to receive their money. and /
proved to the Consul that they had refused
duty and that several things had been
stolen from the ship, viz. beef. ropes,
paint, etc.
The Consul refused to pay the men off
and ordered them back to the ship against
my orders. When | went on board in the
evening | found the men there acting
under instructions from the Consul.
Zone seaman. an Englshman whom |
had shipped in Vancouver, who had never
been in the United States, asked for a
discharge, as he had secured position as
uuartermaster on board a steamer. On
May went to the ConsuPs office with
him to pay him off.
"The Consul refused point blank to dis
charge him, saying that had to carry him
back to the United States.
"With reference to my chief officer, Mr..
Phillips. he and l mutually agreed that
his wages were to cease when he left the
ship. The Consul compelled me to pay
him months extra pay.
"Furthermore, the Consul says that he
will not recognize any payments | have
already made TO the crew, and for which |
have their signatures. He says that the
ships papers are not correct"
The Consul's idea of what is right IN the
matter is offset in the following letter
which he addressed to Captain Lee:
CONSULATE OF THE UNITED STATES.
CALLAo, Peru. May 8, 1894.
John Lee, Master Americdn bark TemplGr,
In port of Cdlldo: SIR-Last Saturday. May 5.
you ordered certain men OF your crew ashore
on the statement that you intended 10 pay them
off and discharge them after 1 had notified you
that they could not be lawfully discharged al
this port under existing circumstances. and
that would not do so. but would order said
men TO report for duty on the Templar
Contrary TO my warnings and notifications
you peremptorily ordered the men ashore. They
naturally sought shelter In boardng-h house.
Yesterday morning, May z, again warned you
of the illegality OF your course and notified you
that would again order the men to the vessel.
They went aboard as ordered by me. Last
night, at about 8 o'clock. you went aboard &C.
companied by a policeman and another person
and again ordered them ashore. They again
sought shelter in boarding house.
The men have sworn to The correctness OF the
above allegations In view Of your persistent
refusals to receive these men and let them re-
sumo their duties aboard had no alternative
but TO order them TO clearinghouse for ten
days or until Such time as you might cOncl uue
to obey the laws.
notify you that their boarding expenses will
be charged o your vessel.
Furthermore should you depart unlawfully
from this port leaving these men behind.
warn you that you will render yourself liable tC
the penalties named in section 1858, Unit ed
States Revised Statutes. OF which copy was
left for you on your vessel yesterday.
Your attention Is also called to your n0ncOm-
pliance with section 1880. United States Re-
vsed Statutes. requiring masters OF vessels to
nav over to their crew one-thlrd part OF the
wages due them ''at every port where such yes
sci shall unload and deliver her cargo before
the VOYAGE is ended" now call upon you tC
bring the accounts Of your crew and pay them
before me the amounts TO which they are en-
Iltled under the aforesaid section. L am, sir
YOUR Obedient servant,
LEON IAsTREMSKI United States Consul
Captain Lee maintains that the Consul
is wrong in his Interpretation of the
statutes and claims that there is no law
framed which will compel him to pay over
one.third of the crews wages before the
vessel is discharged.
Becoming indignant at our country:
representative. and wishing to impress il
upon the business community that he ha:
been unjustly dealt with, Captain Lee
says that the Consul "has been hawking
the ships papers about the streets of Cal
lao asking advice from merchants regard
ing them"
Chief Officer Phillips left for Byron
| Springs few davs after his arrival here
His friends say that he substantiates
| Captain Lees story and has remarked
| that chances were favorable when he lef
| for the bark being sold 10 satisfy the de
mands of her crew.
Mr.. Phillips was Ill during most of til,
time that the skipper and the Consul wer,