The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-26
EXEMPT FROM
EXECUTION
JUDGE ESTEE GIVES IMPORTANT
DECISION REGARDING
WAGES.
PAY CANNOT BE
GARNISHEED.
An illegal Execution From the Dis
trict Court and the Trouble 1t Has
Caused

Judge Estee this morning held that
the wages of island steamer men are
exempt from execution, not only be-
cause of the federal law protecting all
seamen's wages, but on account of the
law passed by the last legislature of
Hawaii, eXempting all wages up to
$50 in the case Of a single man, and 5000
in the case of head of a family The
decision was in the case of William
Holland VS.. the steamship Helene.
Judge Dickey's judgment and garnishee
against Wilder's Steamship Company
is declared to be against the law, but
as the time has passed for appeal, the
company may have to pay the judg-
ment as we'll as complying with Judge
Estees order for payment of $50 wages
to Holland.
Hollands petition was for $50, for his
June wages, which he alleged the COM
pany had not paid him. He libelled
the Helene. Wilder's Steamship Com
pany interviewed and made a showing
that the reason why they had not paid
the $50 was that Judge Dickey had is
sued a garnishee and Judgment against
Holland and the company, Kinney,
Ballou & McClanahan appeared for
Wilder's and T. l. Dillon for Holland
while Middleditch represented the Jap
anese plaintiff whose judgment before
Dickey caused all the trouble. While
the case was pending two Wilder
steamers We're attached. With a
libel against the Helene, the company
had three steamers under process,
while lawyers fees and costs multi
piled, and Judge Estee, after three sep
arate hearings, came into court this
morning with a decision ten pages In
nd f111l Of LEGAL a1tbOritiaS q
the $60-case.
After reciting the history of the case
and quoting much law on the subject
of seamens wages, Estee continued:
"Seamen's wages have been at all
times guarded by the laws of all civil
lized countries, until, as was well said
by Mr.. Justice Ware, the protection OF
/ seamens' wages has become the COM
mon law of the sea- And while a few
cases are found in the books where at
! tempts have been made as in this case
| to garnishee the wages of sailors by in
ferior local law courts, yet so far as
! can find in no single instance have the
attempts succeeded.
at is indeed a part of international
law to protect sailors wages. This has
| been done as a matter of public policy
Their duties are fraught with danger
| lnelE NOME 10 upOii TIE sea- lGg ilN
mere children when upon land in al
matters of business. SO much is this
recognized, that it has become the set
| tied law that an express agreement on
the part of a seaman to waive his lien
for wages on the ship cannot be en-
| forced
Admiralty courts will withhold theil
sanction from any such agreements
not only upon equitable considerations
growing out of the improvidence anC
want of intelligence OF seamen in theil
| bargains, but also upon considerations
of public policy.
while it appears that in this case q
| judgment was obtained against the
| Wilder's Steamship Company, inter
venor herein, in the action before the
| District Magistrate of Honolulu, and
which judgment still remains unpaid
| yet Courts of law cannot undertake
/ by garnlshment to settle the equities
/ between the parties in order TO subject