The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-02-06
THEY WERE MARINERS
~.eEs or sEAIER MORRILL, hun
-~.s PROTECTED By STATUTE
a.sfsra Piles sn Opinion Cow
~rsss sn Important fo'a'-n-
Federal Court Opinion rs to
pe~~r of That Conys to issue
rs,sncsisHs--charwe of Frssd
..isst . wosIew Ffrm.

-ss~e<fr&star cefE8 ts-e D4sH % rs @sAs-
s,sses court business for fts part
.~snry-fouT hoarS- II TIE morning Judge
- bs~atd an opinion n the case of
- q WHITE. - fae schooner NJ "
- -Tns case Involved several inter-
- feature aud some complications.
5000 the l.oesi8E 81 the schooner
- 81. attendant lawsuit. heT order %
as matter that attracted some
..s.r The schooner was anchored a.
- ara Deputy United States Mar
- 9,,sst4r disposed % her under the
- cor szsa q Ksitsr a. Basiistt. who
11-~s.asea hsr for Lester Turner. Attor-
sra~v uao represented White. the
- asss represented several otfser
....vvrrsux gbeasnls. and protested ths
$500 obtained o. the sale. wBseh failed
= sastsfy fha claims OF White. let alone
=. ashsr claims fled against the Scno0n-
: TIE attorney represented that the
=. xas rtaleasousiy small and offered
= aaa a purchaser Tor 100 should the
- orser another sale. Subsequently
- ssls was Sc aside upon the deposit
- : court o. -. the amount OF the
- ia and fhe necessary fees 10 get the
- eaek into court. This amount was
$50 en- tas last day allowed By the
80 bv Mr. Emory. and another sale
1890 by Marshal QgilTer. A. the
-, zala the schooner brought T,Ss1 In
..s.,ian 10 the settlement Of the other
..ss,.s avalnss the Morrill, Judge Hanford
ssx,aa the order above alluded 70.
-. anlnson gives the details OF the Hbei
- ,a4 sehooner BY Charles n. White, s.
x rahnson lnteFyen0rs 20 recover money
a.. them fer services as hunters on a
.s.anr voyage In the North Pacific. The
a. xzs defended b. A. :. Nelson, one
~ ne owner aud BY Edward Caniaiion.
- ~ master The latter sold his one
ard Interest IN the vessel 20 white and
fssa.on. receiving notes and mortgages
80, thsua upon their interest. CantlIlion
$500 70 pas Waite and johnson for
80 servlcas as hunters one-fourth OF al
..aaeeas Of the seal skins 10 be secured.
sas-ha3f OF their earnings 10 be applied
= aay their notes 70 him. The voyage was
.s,aatafse. Cantiilion sold the skins.
80 AZ ow-n wages in full and applied
~ remainder on account OF the advances
!. sAa made Tor supplies. their sun re-
m.laing due him ssAs0S The individual
srsabtaane<4 Of tbs several owners Sc
800 nv mortgages on the vssse! remain
wso.Ix unpald. There - yet due WHITE
"a asA 10 Johnson &28. These balances
rsstlaion hos taken out OF the proceeds
t-sss tha sale and claims the right 70 re-
ts.a them on account OF the Indebtedness
. sim for supplies, and the profhi*o's
us.es Continuing, the opinion Gays
~ssetso, Ali u the Revised Statutes Of
49, fssised sfates makes any contrast or
svrsonenf In the nature OF an aa@lk8-
.sgas u mariners wages tnFahd. 4 he-o
fA4s these men are mariners anu snaA
tAssf wages are protected ~ inls $500 80
= much 20 as II they had shipped iof 4
ukaing voyage. or Ia any other cApasatss
a ghe services OF vessel engaged In
.ssnfisisrp ana Nelson dispute the right
!, shsse men 10 maintain this suit In rem
- me ground that, being part owners
y the vessel they are not emitted 70 q
kn and ia behalf Of Canuilion -
specially urged that II h contrary %
easty FOR these men 20 impair the sscur-
~ whleh they have given by mortgages
65an their interests IN the vessel ny en-
tsrrink a lien for wages. The RUE Tor
a54Ing an owner OK a vessel 10 ciAial
- b the prejudice az others extendtns
credit 70 the vessel Is well established
-isgt Ia thss case there are no innocent
creditors or purchasers 10 be pre3adiee1
Is ne discovery OF a secret lien, ana !
sod thar the peculiar facts Of this case
rake the RUE inapplcable, " heh u ~
asM That these men have given the Ne7het
- security for their debts, the argument
eats backward, for IL IL equally true ttai
cAnulhon. ~ virtue OF nis authority a.
mastsr % the vessel. gave the vessel -
srarttv for the wages OF those whom he
smgsayed In her services, and ne also De
sasse personally bab!e % them. ara ~
tay well be argued snAG II ts contrary
e the principles % equity Tor rim 70 now
Impair the value of tEc security Tor mar
inefs' wages. by enforcing has FfGAts ~
rertsaEee unless the wages be hrsf paid.
With the aca9issceuce ot All paFttes
saierssted. tae weasel has been sold by
tsa lnarshst and Cantiiiion became the
rsFeassgr for the sum OF $i.Soo. and ne Is
pew claiming the proceeds of the sale
aster payment Of costs. 10 apply on the ~
fshts3ne7s % the several owners 70 him.
- tAAt II he should prevail IN defeating
10 heeisnt and the intervenoT fruna re
esfe5inE their wages. the result q the
stFsnture may b1 summed up a. follows
Asatia0n VIII have thS k45A paid ~ john
a.. and for The balance % less than
tsa Na account ~ supplies AMI the mar
ssals costs upon the sale ~ the vessel
~ have absorbed the entire earnings %
re vessel and her crew. and acquired the
tfsssi ttssif and sfiJ hold the itheAant and
fae interFenur Indebted 90 him for g
ssasiaeraee part ri the promlSsory notee
even Ter t5e purchase price 81 their IN
tesesls r. the vessel. Al this ~ his
seteFnkss GA peFsuAtiGE these men 20
tarchass hts Interest Tn the vessel before
Mr3ng them
y eansldee thst the iustice 81 the case
se9sireS THAI these men should receive
tafir Wages from the money IA tse regis
y snd e VII be $50 decree3.
=, AEainst the claim e Joha johnson.
Ntsrxe8er herein for supplies furnished
e iae eredi, of the vessel. under contract
s1ts Nelsan as managing owner. there
sseins 20 Ae uo defense. The decree vii
sasd fer
LAST ujsht Cant CanulHou said that
~ Sasooner Marr}f was originally worth
80 but tae had deprecated In value
Nss The sceaonsr lost $3.50 on tue sea-
SfHH work z ..ss.se .t4s..s a.