The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-26
The Courts Opinion

Associated Press Dispatch.
WASHINGTON, Jan. 25.-In the Supreme
Court of the United States to-day an opin-
ion was rendered by Judge Brown I'm the
case of Robert Robertson and four other
seamen against the United States. The
case involved the constitutionaIity of Sec
ton 1859 of the Revised Statutes. giving
power TO justices of the peace to arrest de-
sorting seamen and also the question as to
whether the provision of the thirteenth
amendment to the Constitution prohibiting
involuntary servitude had not been violated
in the arrest of Robertson and his COM
p%anions. The seamen were taken into GUS
tody at San Francisco on the charge Of
having refused to obey the order of the
master OF the vessel Aragon, after having
entered in articles 10 make a voyage to
Valparaiso. They applied 10 the Federal
District Court for writs of habsas corpus.
and, upon the refusal of their petition.
appealed to the Supreme Court. Justice
Browns opinion affirmed that of the district
court, the court refusing TO interfere with
the case. On the first point the court held
that the arrest of the sailors under the
circumstances was a due exercise of judi
cial power and also held that no involun-
tary servitude was involved in compelling
sean1en to serve for the time agreed upon.
The term involuntary" Justice Brown
said, must attach to the. inception of the
service. 1t would be as cuipable that SOL
diers should desert on the eve of battle as
that seamen should decline 20 obey orders
issued to them at sea
Justice Harlan diSSented in q vigorous
opinion. basing his opinion on the ground
that the arrest was in violation of the
thirteenth amendment, in that 1t was an
attempt TO enforce men to compel them to
serve on a private vessel contrary to their
wishes. He objected TO any appeal to Eng
lish presidents in this case saying that
the two governments wtrefso entirely diff
ferent as to render such reference unavail-
ing. In England. he said. Parliament Is
the paramount authority and that body
could wipe out magma charta in a law of
ten lines, while the powers of Congress
were limited by the Constitution. Justice
Harlan dweit upon the fact that the Ara
gon was a private vessel and that Robert
son and his companions were taken OFF il
to be placed under arrest because they had
asserted their rights as free men and re-
fused to work. This he did not think,
should be regarded in the light of a GRIM
inal offense. and: to his mind, fell clearly
within the prohibition of the thirteenth
ameEdement against compelling involun-
tary service. There was. he contended, a
difference against imposing conditions like
these on men like soldiers in the public
service and upon men in private employ,
even though they be sailors. He. difrered
radically from the court in holding that
the action Of Robertson and the other sail
ors was similar TO that of ii soldier who
should desert in battle, and said that the
III W Ill z ~ tHt anu VI tAO
court to observe the terms of a contract
and continue their labor was more like an
overSeer standing over a slave TO compel
the performance of mental service. Again,
if such a law could be enforced in inter-
national commerce, why not interstate
commerce? If men could be compelled TO
serve on ocean-going steamers. why not on
the river boats of the interior? Why was
il more reasonable to arrest a seaman for
refusing TO labor than q house servant who
made a similar refusal? A law providing
such IL penalty in the latter event would
shock every one. yet the grounds Tor II
would be as solid as for the law under
which this proceeding occurred. He tho ght
the law unconstitutional and the arrest or
the men contrary TO the spirit of the age.
The reargument of the case of the Boy
den Brake Company against the Westing-
house Company was set for the first Mon
day in March. and the interstate-commerce
cases against the Alabama Midland and
the Detroit & Grand Haven Railroad Com
panies for the second Monday in March.
Attorney General Smoth. of Nebraska,
filed a motion 10 fix a date for the maxi
mum freight-rate cases. which was taken
under advisement.
The chief justice announced a recess of
the court from next Monday until the first
Monday in March.