The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-01-26

Though That he But Private Service
Supreme Court Holds the Case Similar
to That of Military Desertioa-Harian
Dissents.
Washington, Jan. 25.-In the supreme
court of the United States today an opin-
ion was rendered by Judge Brown in the
case of Robert Robertson and four 9TH
er seamen VS.. the United States. The
case involved the constitutionality Of Sec
ton 1883 OF the revised statutes, giving
power to justices of the peace TO arrest
deserving seamen, and also the question
as to whether the provision OF the shir-
teenth amendment 10 the constitution
prohibiting involutaTy seryitude had
not been violated in the arrest Of Rob
ertson and his companions. The seamen
were taken into custody al San Francis
CO on the charge of having refused 10
obey the charges OF the master OF the
vessel Aragon, after having entered in
articles 10 make voyage TO Valparaiso.
They applied 10 the federal district court
for writs OF habeas corpus and upon the
refusal Of their petition appealed 10 the
Supreme court. Justice Browns opinion
affirmed that of the district court the
court refusing, TO interfere with the case.
Under tine first point the court held
that the arrest of the sailors under the
circumstances was due exercise OF Ju-
diciai power and also held that no in
olutary servitude was involved in COM
polling seamen 10 serve for the time
agreed upon. The term involuntary,
Justice Brown said must attach TO the
inception Of the service. IL would be as
culpable that soldiers should desert on
the eve of battle as that seamen should
decline TO obey orders issued 10 them as
Seamen.
JUSTICE HARLAN DISENTS.
Justice Harlan dissented in vigorous
opinion. basing his opinion on the ground
tina; the arrest was in violation or the
thirteenth amendment, in that II was an
attempt TO enforce involuiary servitude.
He declared that il was an attempt to in
terfere with the rights OF freemen, 10
compel them to serve on private yes
sci contrary TO their wishes. He object
ed to any appeal 10 English precedents
in the case, saying that the two gov
ernnlentS were so entirely different as 10
render such reference unavailing. In
England. ne said, parliament is the para
mount authority, and that BODY could
wipe out Magma Charta in q law OF ten
lines. while the power OF congress was
limited by the constitution
Justice Harlan dwelt upon the fact
tina: the Aragon was private vessel ana
THAI Robertson and his companions were
taken off it TO De placed under arrest De-
cause they had asserted their rights as
freemen and refused to work. This ne
did not think should be regarded IN the
light of a criminal offense, and TO his
mind fell clearly within the prohibition
of the thirteenth amendment AGAINST
compelling involuntary service. Ihere
was, he contended, difference between
imposing conditions like these on men
like soldiers, in the public service, ana
upon men in private employ, even
thought they be sailors. He differed rad
icaily from the court in holding thdl the
action of Robertson and the other san
ors was similar to that Of soldier VINO
should desert in battle, and SAID that me
report to compel them by the aid or the
court TO observe the terms of contract
and continue their labor was more Ike
an overseer standing over slave to com
orI the performance of mental service.
Again. IL law should be enforced In IN
ternational commerce, why not IN inter-
state commerce.? If men could ne COM
relied 10 serve on ocean steamers, why
not on the river boats or the interior!
Why was it more reasonable 10 arrest
seaman for refusing to labor than
house servant who made similar re-
fusal? A law providing such penalty
in the latter event would snock every
on, vet the grounds for IL would be as
solid as the law under which the pro-
ceedipgs occurred. He thought the law
unconstitutional, and the arrest OF the
men contrary to the spirit Of the age
Attorney General Smith OF Nebraska
N1ed motion TO fix a date for the maxi
mum freight rate cases, which was taken
under advisement.
The chief justice announced recess
Of the court from next Monday until the
first Monday in March