The San Francisco call., 1897-01-26
An Important Ruling on the
Shipping Laws Made by
the Supreme Court.
Seamen Can Be Legally Arrested
When They Refuse to Work
Full Time.
Justice Harlan, However, Shows the
Injustice of the Law in
Dissenting Opinion.

WASHINGTON, D. c., Jan. 25.-Ihat
part of the shipping laws OF the United
States which authorizes the arrest Of sail
ors who refuse to observe the terms OF
their contracts to serve on board vessels
was declared to-day by the Supreme Court
to be constitutional and within the iuris-
diction of State courts 10 enforce.
The case at the bar came up from the
Northern District of California upon the
appeal of Robert Robertson, P. II. Olsen,
]. II. Bradley and Morris Hansen from
the Judgment of the United States court
for that district, refusing to discharge
them from the custody OF Barry Baldwin,
United States Marshal, on their petition
for a writ of habeas corpus.
These men signed articles in San Fran
cisco to ship on the American barkentine
Arago for voyage to Knappton, Wash,
thence to Valparaiso, Chile, and to such
other foreign ports as the master might
direct, and return to port of discharge
in the United States.
At Astoria. Or, the men deserted the
vessel, ana being arrested on warrant,
issued by a Justice OF the Peace, were held
in irons sixteen days aud returned to San
Francisco. On the way there they refused
to work. and on arrival were held in Gus
tody by United States Commissioner for
trial upon the charge OF violation of sec
tions 1898 and 4595 of the Revised Statutes.
They sued for their discharge on writ OF
ha abeas corpus, on the ground that their
detention was in violation OF the thir-
teenth amendment to the constitution,
which forbids involuntary servitude, ex-
cept for crime of which the subject has
been duly convicted. Judge Morrow dis
missed their petition and remanded them
to the custody of Barry Bald win, Marshal
FOR that district.
Justice Brown delivered the opinion of
the court; Justice Harlan dissented. Dis
posing of the question of jurisdiction,
Justice Brown said the statute giving
Justices OF the Peace jurisdiction OF COM
plants against seamen for violation of
their contracts was within the judicial
power" of the United States, and that
Congress lawfully authorizes State courts
to issue warrants. such as the one upon
which the petitioners were arrested In
Oregon and returned TO their vessel.
The next question was what constituted
involuntary servltude, which was pro-
hibited in the thirteenth amendment in
ths opinion of the court. 1t attached to
seryitude which was involuntary at the
inception of the contract. 1t was true
that there might be no remedy, if the con-
tracing party escaped from the control
of the person with whom he had con-
tracted, and that the contract might be
considered null and void, not in accord
with public policy, but these considera-
tions could not make the service con-
tracted for involuntary servitude.
IF the terms wer. to be con nstrued by
the party affected" said the court land
the contract terminated in his election. q
man ought not be able to contract for
personal service, and 10 surrender his per-
sonal liberty. even for brief period under
certain conditions specified in the con-
tract. By such condition soldier might
desert his command on the eve of battle.
and however satisfactory that might be to
him, it could hardly be considered as
tending to the good discipline or effective
ness of the army"
Practice and precedents extend back
into the periods of antiquity, said Justice
Brown, and concurred in holding seamen
to the terms Of their contracts. Naviga-
tion could not be carried on without the
enforce ment of contracts and the author
ity ofthe law in question was found in the
constitutional power to regulate foreign
and interstate commerce. These codes of
all maritime nations, from the earliest
age TO the present period, con tanned SINH
lar propositions, and in view of all the
conditions involved in the case, the opin-
ion concluded, the court found the ar
rest and imprisonment of the petitioners
wit involuntary servitude forbidden by
the thirteenth amendment to the consti-
tuition, and the judgment of the court of
the Northern District of California was
affirmed.
In his dissent Justice Harlan laid much
stress upon the importance of consequence
involved in the decision of the court. He
denied the relevancy of reference to laws
passed by the Hanseatic League 400 years
ago, or even the Colonial Council of Mas
laws OF seamen. These laws, he said, had
been passed in 1897, and had been permit
ted to remain upon the statute-books, in
his opinion, for want of consideration.
largely. He asked what difference there
was, in essence, between the overseer
standing over a man with lash in his hand
and compelling him to labor against his
will and the United States Government
through its Marshal compelling a man to
perform a contract which he no longer
wished to observe.
Discussing the possibilities of legislation
upon the principles of the decision of the
court Judge Harlan called attention to
the vastly wider field that was open to
State Legislatures which were restricted
only by what was specifically prohibited
to them, compared with Congress, which
acted only on delegated powers. WHAT a
sensation, he asked. would result from
the passage by a State Legislature of
law authorizing the arrest of a do.
mestic employe who had contracted
for six months service, but who had
at the end of a month, for reasons sat
isfactory to himself or herself, decided
to abandon the contract. Yet he asserted
that the right of the Slate TO DO this rested
upon just as solid Dasis as the decision
of the court in this case. The English
Parliament was all-powerful, and by a
ten-line statute might wipe out the magma
charta, and there was no legal power to
say it nay. In this country the legislative
departn ent had no power whatever, ex-
pit only such as was conferred on it by
the constitution, and that, he contendeo,
did not give Congress the right to pass
law which compelled one man to serve
another against MS will. 1t was matter
purely of personal and private contract.