The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-10-08
THE SAILOR

49, .h'4haAA
A recent decision in regard to sailors
wages rendered bva United states court
in Delaware was thought of sufficient
Importance by the Treasury depart
ment TO be published IL full i'm Treasury
Decisions for the Information and
guidance of United states shipping
commissioners, and consuls in all parts
OF the world. The gist of the decision
was that the statute prohibiting the
payment Of wages to sailors in advance
of their being earned, meant just what
1t said and could not be legally evaded
by subterfuge.
This case is only one OF many with
which che admiralty courts of the
United States have had to deal of late
years. In truth the whole law in rela.-
tion to sailors and their employment is
receiving consideration in the courts
as it never has before. This is not to
be wondered at The whole theory of
these particular laws, as Mr.. Justice
Harlan said in the Arago case a few
years ago dates from ancient times,
with some additional impositions on the
sailor imposed during the middle ages.
The law on most subjects has been re-
modelled and liberalized from time to
time with the advance Of enlghten-
ment and liberal ideas. That the law
relating to sailors should be the last
to feel the effects of this advance is not
surprising, because sailors are in the
least available position of any class to
bring their matters to public attention.
The sailors unions have of late years
brought forward one or another point
in the law for discussion and legisla-
ton as particular conditions seemed to
make such points appeal particularly
to them. In fact the very law adiudi-
Gated on by the Delaware court was
secured through the efforts of the sail
ors' unions and was designed to pre-
vent advances" to sailors, thing os-
tensibly for the benefit of the sailor,
but working out in experience, accord
ing to the unions in a system which
enslaved the sailor, primarily to the
sailors boarding house keeper and sec
ondarily to the ship owners. Sailors
are the only people in America who
can sign themselves to involuntary SER
yitude enforceable by Imprisonment in
American jails. Much has been said
and written about the contract labor
of these islands. 1t has been spoken of
as Un-American. But the contracts
and the penal enforcement of them
were almost identical in terms and
method with the United States laws
regarding the contracts of seamen. Yet
these laws We're declared not uncon-
stitutional by the Supreme court in the
Arago case though in that case Mr.
Justice Harlan filed a vigorous dissent
ing opinion in which he declared that
the laws enforced an involuntary SER
vitude incompatible with the thirteenth
amendment
There seems little doubt that the
whole subject of sailors contracts and
service will come more and more pro-
minently and conspicuously before the
courts and congress and that they will
in time be entirely remodeled, enamel
pated from the archaic principles un-
der which they grew up, and conformed
to be expected not only in the light of
the present agitation in regard to them,
but because the laws in regard to
other classes of employees have been
thus remodeed and changed.
Henry George, who in his early life
was sailor before the mast, and whose
opinion on this subject should have
weight Independent of what views are
entertained respecting his general
views on economic subjects, maintained /
that the degradation of the sailor was
due to the laws made ostensibly to pro- |
tect him from himself and from others |
He held that the whole body of law
relating to sailors should be swept from
the statute book and the precedents of !
courts, and that the sailor in his en- !
ployment should stand on exactly the T
same plane as every other employee in !
his employment. He insisted that if /
this were done the whole problem of !
the sailor and his treatment would be
solved. He maintained that under such .
conditions intelligent and trustworthy |
men would seek the sea as a career |
and as a means of livelihood as readily |
as they do any other sphere of labor !
where the remuneration is similar.
War hatuaan Gaypnapv and Graa+