The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-20
CAN PICK ms OWN sTEvEDoRE.
A Master Has That Right the Court
of Appeals Says.


of Appeals Says.
The United States circuit court of ap-
peals for the Fourth circuit has decided
in favor of the master of the schooner
William Nelly and against the Savannah
lumber shippers in the case growing out
Of the refusal Of the Georgia Lumber Com
pany to allow Sam Daniels. a colored
stevedore at this port. to load the
schooner. The case excited considerable
interest at the time. The schooner Win
liam Nicely was chartered by the George
w. Bush & Sons Company of Whining
ton, Del, to take a cargo of lumber from
Savannah to New York. The charter
party was signed March IS. 1892. contain
ing the usual provisions common to such
charters.
The charterers directed the schooner's
master to report for cargo to the Georgia
Lumber Company at Savannah, and he did
so on May 2. The lumber company adj
Vised the master as TO the wharf at which
he was to load and the lumber for his
cargo, much of which was then ready
alongside within reach of the schooner's
tackles. A controversy arose between the
manager of the lumber company and the
master relative to the selection of a
stevedore, the master having contracted
with Daniels, who he claimed was ex-
perienced and competent, while the man.
ager objected to him as being untrust-
worthy and incompetent. The master in
sisted on his right to select his own steve
dOre, and put Daniels and his gang to
work They had loaded part of the
cargo when the officers of the lumber COM
pany refused to deliver the residue of
the cargo, and ordered Daniels and his
men off the wharf which was owned by
the company. The lumber company re-
peatedly offered to delivere the lum-
Der If the master would employ any other
stevedore, while the master refused to dis
charge Daniels, notified the company daily
that his vessel was ready for the cargo,
and that the stevedores were employed to
stow it. This contention continuing, the
schooner was, at the request of the lum
Der company, removed from the wharf
on the nth of May by the harbor master
and on the oath of month the master re-
chartered at reduced rates.
There was a considerable racket over
the matter here. The other lumber ship
pers of the city supported the Georgia
Lumber Company in it's contention that
the shipper had the right to the selection
of the stevedore. Daniels was arrested
for trespass and fined $25. He appealed to
the supreme court. which decided that he
was not guilty of trespass and the fine
was ordered RENTED. Capt Thompson
of the Nicely had an alteration with one
of the white stevedores and was arrested
and fined 500 by Mayor McDOnough for
creating a disturbance on the wharf,
which fine he had to pay.
June 81 the master of the William Nelly,
and agent of her owners. filed libel in
the district court of the United
States for the district of Maryland,
against George w. Bush & Sons Com
pany, in which it was claimed that the
failure to load the vessel at Savannah,
under the charter mentioned, was wholly
the fault Of the Georgia Lumber Company,
the agent of the charterer, and that the
libellant was in no way responsible for
the same. Damages was claimed to the
amount of $500, because of said failure
to load the schooner and for loss of time
resulting therefrom, and process of at
tachment was prayed against the goods,
chattels, credits and effects of the char
terer, then in the distict OF Maryland.
The case was duly matured and came on
to be heard when the court found for the
ibellant and entered decree against
the stipulator and respondent for the
sum of two thousand and ten dollars and
thirty-hve cents, with costs. From this
decree an appeal was allowed.
The decision Of the district court was
affirmed by the circuit court of appeals.
The Judges in their decision held that the
evidence produced did not show
that it was the exclusive Gus
tom at Savannah for the ship
per to select the stevedore and the follow
ing opinion was rendered:
In the absence of an established custom
to the contrary. and of any stipulation in
the charter party, it is the right and duty
of the schooner to stow the cargo and to
employ a stevedore of its own selection.
A prominent lumber shipper said yester-
day in speaking of the decision, that not
withstanding the decision of the court
1t had been the custom at Savannah for
many years for the shipper to select the
stevedore, and he instanced the fact that
every prominent shipping firm of the city
has its own stevedore engaged by con-
tract Hereafter, he said. this right would
be stipulated in the charter or other
means taken to secure the lumber ship
pers in what they believe to be their
rights The contention of the Georgia
Lumber Company was taken up by the
Georgia Lumber Exchange, which agreed
to bear all the expenses of carrying the
matter 70 the highest court. The dam
ages and costs win be shared among the
various lumber dealers belonging to the
exchange.
q