The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-05
DECISION FAV)RS SEAMEh.
.rr. or TopGALLaST DISPOSED
mr. BY JUDGE HASFORD.
cert Does Not Think L1"e'anfs
w~re Justified In Leaving the
shsp, bet States That They should
80 Iose Their Wages-Note&.

,.s~. Hanfora has rendered q decision
- -. Ease which grew out OF the diiItcti-
=. hefxeen the captain and the crew OF the
!. - TousaHant. As outlined In the megr-
s~snauu Of decision. x appears that Eu-
$40 Richards Martin Anderson. Emil
ss~rsou Gustav Oiinder, Richard Nelson,
u,sIter Knsspel Asksi Svsn6sen and VII
,srd Martin shipped 81 san Francisco Tor
yoyage 10 Puget sound and return They
-,.rt fsrs, 10 Port Elakeley and came
.a@rre 10 Seattle. II was while here that
=. trouble arose. The captain had given
s~.sers 10 the first mate 70 move the vessel
Is 3 new position for convenience liz re-
s-sysng coal The mate neglected 10 have
.hls done until after regular working
hc,rz. After Z o'clock in the evening he
sskea the nnen II thay would haul the ship.
Tsey said they would not, and the vessel
ras no. moved tina; night AS result she
q. delayed in her loading
Punishment Inflicted.
rha CAPTAIN. was absent from the ship
from the tine he gave the order to the
mate Ill next morning. When he learned
from the mate tina, the men had refused
10 haul the saip he reprimanded them and
I ordsssd the disconiinuance Of their coffee
aaa OF ar extra luncheon which had been
.erret while loading. Il day or two after
ward the met told the captain they wished
70 have the ship and asked him for their
wages which he refused to pay. lie told
shsan, however. that they could leave the
vessel II they wished 30. but that II they
s;d leave he would not pay them their
xaxes They left. and after fling libel
asxlnst the ship one OF them returned
aboard 70 Try 10 induce Cher members OF
! fte crew 20 desert When the captain re-
turned finding this man on board. ne be-
came angry and uphra!ded the mate for
allowing the man TO come aboard. The
nate afterwarG told the captain that ha
wished 10 leave. The captain told him to
do 80 at once. bat refused 10 pay him.
what Judge Hanford Says.
Judge Hanford in rendering his opinion
says:
IT Is my opinion that the iibeiants were
rot justified in leaving the vessel before
termination Of the voyage for which
they shipped. by reason OF aous-
I've treatment at the hands OF the cap
tain neither was their conduct disobedlent
Or tnsoleat to such a degree as TO author.
lss the captain TO discharge them ard
elaim forfeiture OF their wages. The libel.
ants however. wished to leave the vessel.
and 20 informed the captain: therefore
they cannot claim that by telling them 10
60 the captain discharged them unjustly,
70 ss 10 enti;le them TO wages for the en-
tht stS18Ns y Pun bFSAfE tttu Df the Cap
tsn that fhsy could leave the vessel they
had right 10 take him at his word so
that their contract was In effect terminal
ed By mutual consent. The captain seems
10 have acted upon mistaken Idea that
sae wages 81 searnen are forfeited by quit
ting the service before fulfilment of the
entire contract. even when In doing so
there In no disoh@dtence. But in iata sea-
men cannot be treated rs d.sarters and
taelr wages forfeited unless they leave the
vessel and remain absent without leave ~
the commander. The rule Is that when the
sesinsns contract Is terminated before con-
eiasion BY mutual assent, they are entitled
10 cages Tor the time Of their actual serv-
ICE at The rate fixed by their contract: IL
TIE captain discharges them before tafmi-
hauen Of the voyage without tussiilahle
cause they are entitled TO wages for tha
entire voyage. and the amount Of their sx-
peaas N returning TO the port OF dis
charge: desertors from "A vessel arc not en-
tfIed 10 anything"
seannen VIII lie Paid.
20 accordance with this ruling, the court
awaits RastFup $3.50 Nelson IS. 81. Svand-
sfa s~e9. Johnson SCI 50, Martin 81. 90
hnispei VS. 81 0lindor 81. 10 Richards 81. e5
u appears from the test inlony.' saws
Use SQUIRT. That Martin Anderson was con-
sslss, OF bFoacning cargo. and the captain
.sh4dilS charged him wlth the value OF
@t sio'sn goods. and also paid his me, al
Ass1hef amounting TO more than the
sasss ms lad earned. SO there Is nothing