The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-16
GET PAY FOR
BAD FOOD
Decision by Estee
In the Howe
Case.
INJUNCTION SUIT
IS DISCONTINUED
End Of Attempt to Stop Build
ing Of Government
Wharf.

Judge Estee decided in favor OF the
plaintiffs yesterday in the case OF Da-
vid Hall and Edward Woods VS.. the
schooner Frank w. Howe and her
master, Captain S. b. Atkinson The
Court allowed each OF the defendants
s24O for short provisions on the voyage
from New York to Mauritius and from
that port to Honolulu. but does not go
into the question of damages az all
This portion OF the suit, which called
for s.. 600 damages on the part OF each
plaintiff, is left open, and does not
prejudice any future action when the
sailors may wish to bring.
The opinion is lengthy one, ana the
captain OF the vessel is severely CEN
sured for the treatment accorded the
crew After going into this question
in detail. the Court says:
1T is uncoutradicted that all or the
original crew in the forecastle OF the
vessel became more or less sick on TINS
voyage Johnson went to the hospltai
at Mauritius and was. left behind, the
Italian taking mis- place. Exactly what
was the matter with him was uh-
known The Filipino had swelling or
the limbs before reaching Honolulu,
hut he is now apparently wen. han
and Wood are still sick and receiving
treatment at the hospital but are I'M
proving So far as the weight or the
testimony shows. all the men were Wen
when they shipped at New YORK. EN-
cry sailor. including the second mate,
and the Italian who shipped at Maui
ritius. testify that the food was too
salty to eat: that il was otherwise lily
prepared and that they ate ii with ar
ficuity. 1t is admitted that the tea ana
coffee were prepared in one vessel. al
though the cook said he washed 1t out
when he changed from tea to coffee;
but one witness testified that both tea
leaves and coffee grounds We're mixed
together in the one pot for the men.
1t IS admitted that the men drank
rain water from the roof of the CABIN
a large part of the time from Mauri-
thus here; but tie captain testified that
he has always done this with his men
If he did. unless from extreme neces-
sity, il was contrary TO law.
THE cook testified that he set out a
pail of water for the men each day,
which pail as he thought held from
two to two and a half gallons OF wa
ter when under the law, the four men
were entitled to four gallons or GAL
lon apiece daily. The forecastle leak
ed badly. The men complained to the
first officer, but he evidently did not
interfere to- ameliorate their condition
While the captain and the mate testi-
fled in a general way that the men
were well fed. yet when their attention
was called to the specific facts in the
utterly failed to know anything about
them"
I'm fact. the supplying of the vessel
with the proper provisions is one OF
the clements OF seaworthiness, ana
whatever else a ship may be short of.
there can be no excuse Except in case
of a great peril at sea, which did not
occGr in this instance) for shortness
of the water supply And more espe-
ciaily when the vessel is sailing over
tropical seas as IN this case. The voy-
age was over three-fourths around the
world. and yet IL is undenied that
within forty days after leaving Port
Louis Island of Mauritius. the men
were made TO gather water from the
deck OF the vessel to supply themselves
with fresh water for drinking purposes.
II rained and so the men in
the forecastle had drinking water.
But what IL il had not rained? Then
the crew would have been subject to
great peril To health and life. II Is the
duty Of a master to provide for all
such contingencies"
Judge Estee says that the doctors
contradict each other as to whether the
plaintiffs had beri-beri or scurvy, and
he does not attempt to settle their dis
pute. In concluding the Court finds:
THAT these libellants are entitled to
extra wages for a period of 12O days
inclusive. being a part of the voyage
from New York to Mauritius and from
Mauritius TO Honolulu for shortage
of the food supply OF more than one
third the daily quantity at the rate OF
one dollar a day or $l2O apiece, ana
the said food and water being had IN
quality for the same length of time, L
hereby further allow each of said libel
iaflts the sum of one dollar day Tor
said l2O days. or Sl20 apiece. making
total OF $40 apiece for each of the
libellants or $3.50 for both. and the costs
Of this suit.
II do not allow any especial dam
ages 10 the men for the extra suner-
ings If any endured by them by reason
of the Illness shown to exist with poth
OF them, as the men are not yet out
of the hospital and il cannot now De
shown what their reasonable damage
would be if any. So the question OF
special damages in this regard Is not
considered. This / do without preJu-
dice to any future action on the part
OF the libellants."
INJUNCTION SUIT DISMISSED.
a discontinuance was filed yesterday
in the injunction suit OF the oahu
Railway x Land Company vs.. j. ii.
Boyd and Cotton Brothers. This was
the suit to enjoin the building OF the
Hackfeld wharf, but the differences be-
tween the parties were settled out OF
court.
NO FEE FOR JURORS.
Two grand jurors who had failed TO
appear on Monday. when called. were
excused by Judge Estee yesterday with
a reprimand. and will get no fees. one
OF them is from Hilo. and viii have to
= IN, al