The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-28
SEAMEN'S WAGES
ALWAYS EXEMPT
Judge Estec Holds That Helene S
Engineer Cannot Be
Garnisheed.

In an opinion given Saturday in the
case OF william Holland vs. Wilder
Steamship Co Judge Estee held that
seamen's wages cannot be taken on
garTishuaent ner can they be attached
in any way for debt. The amount in
vowed was only $50. but it has been
occupying the attention of the United
States Court for week, as well as that
Of two firms OF prominent attorneys.
BY reason of the decision the steam
ship company will have to pay the
wages twice. the time for an appeal
from the decision OF Judge Dickey.
making the company liable on garnish-
ment. having elapsed.
Judge Estee says in his decision:
1T 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.
their home is upon the sea- They are
mere children when upon land in all
matters of business. So much is this
recognized, that it has become the set
Il d 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 viii withhold their
sanction from any such agreements,
not only upon equitable considerations
growing out of the improvidence and
want of intelligence of seamen in their
bargains, but also upon considerations
Of public policy.
While it appears that in this case a
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 garnishrnent to settle the equities
between the parties in order to subject
an equitable demand which the de-
PENDANT may have against the gar
nishee to the payment Of the defend
ants debt
Furthermore, there is a Territorial
statute which exenpts the wages OF
from attachment execu-
ton or distress. 1t is provided, by
Section Of An act 10 provide for the
exemption of certain personal proper
ty from attachment execution, distress
and forced sale of every nature and
description passed by the Legislature
of the Territory of Hawaii on April "a,
1901, that among said personal proper
ty so exempt shall be the wages of
every Iaborer or person working for
wages. such person being the head or
a family, to the amount of $780, The
would come under this
category.
1T is therefore clear to the Court
that it is not only safe in cases of this
character for all American merchant
ships when reaching the port of des-
Lination to pay all sailors wages then
due, but that it is the ships duty to
10 so and that the payment of the sail |
or under the forms Of law is the set |
-lement of the claim and thus relieves
he ship.
1T is ordered that claimant be paid |
by the Wilder's Steamship Company, |
he sum of sixty dollars, his wages for |
he month of June, 1902, together with |
lis costs of this proceeding.
TT is further ordered tina 1.-THE sixty |
iollars on deposit with the Clerk of |
his Court be used for that purpose so |
'ar "a it will go, which sixty dollars |
ogether with said costs shall consti- |
ute the full amount due the hbellant /
n this proceeding.
And that the wages Of this libellant |
S exempt from garnishment, levy or
attachment in this case.
"ESTEE, Judge"