The Hawaiian gazette., 1902-04-18
GIT PAY for
BAD FOOD.
Decision by EStee
III the Howe
Case.

d'rou Wednesdays d1ny)
JuHrc r.,.e t,..l.l 60 favor OF th,
rU.uns l,sI .rdly Do tue cnsc 70. pa
,I uaI s.d edward Wuods VS. the
schooner THHN ". How. and n
tuuri allowed each of thy f.1dants
.iH Tor short provisions sl tho Nu,ug
from New York 90 Maurltus aud from
tnIt port o. 'iHnUiuiu. hut docs .of 80
into the question of dumngpa al a I
This portion 40 the suit which ,tll 4
for $1,000 dau1gcs ou the part 10. each
plaintiff is left open, ana does not
prejudice any future action which the
sailors may wish o. bring
Tho opinion Is lengthy one, aud the
captain OF tho We. sci rs severe IS {. n
sured for the treatment accorded the
crew. After going into this question
DO detail the Court GAYS:
~ is uncontrad Ictcd that an ~ the
original crew IN the forouisto OF TIE
vessel be- anne more or less sick un In
voyage. johnson went to "a hospital
at Naurltius and was lClt behind, tn
Italian taking his place. Exactly what
was the matter with him was ul-
known The Fipiru h8u swelling Of
the limbs before reaching Honolulu.
hut he is ROW apparently wen " ~
and Wood are still sick ana receiving
treatment at the hospital bat arr linz
urdvirg SO FAR as the weight of tee
testimony shows. all the men We're well
when they shipped at New York. Ev-
cry sailor, including the .Cu.u mate,
and the italian who shipped ut Maui
ritius. testify that the food was to
salty 10 eat; that IL was Otherwise i ly
prepared and that thew atn b. with diff
ucu!ty. II is admitted that the tea and
coffee Were prepared i'm one vessel al
though the cook said he washed Or out
n ID h. ,alas MOI 4 ~
but one witness testified that both tea
leaves and coffee grounds Ver. miNed
( together In the one pot for tile men.
II rs admitted that the men apk
rain water from the roof of the cahn
a large part Of the time from Nauri-
thus here. but tie captain testified that
he has always done this with his men.
II he did. unless from extreme neces-
sity II was contrary To law
The cook testified that he set out
pail of water for the men each day,
which pail as he thought held from
two to two ana a half gallons of wa
ter. when under the law. the four men
We're entitled to four gallons or a gal
| Ion apiece daily. The forecastlc 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 n general way that the men
was called to the specific facts I'm the
testimony of the other witnesses, they
utterly failed to know anything about
them"
! in fact, the supplying of the vessel
/ with the proper provisions is one of
the elements of seaworthlness, and
whatever else a ship may be short of,
there can be no excuse Except I'm case
, of great peril at sea, which did not
occur in this instance for shortno IS
of the water supply. And more espe-
cially when the vessel IL sailing over
tropical seas as in this case. The vOy-
/ age was over three-fourths around the
! world, and yet it Is undenied that
within forty days after leaving Port
Louis, Island of Nautilus, the men
We're made to gather water from the
deck Of the vessel to supply themselves
with fresh water for drinking purposes
1t rained, and so the men in
the forecastle had drinking water.
But what If it had not rained? Then
the crew would have been subject to
great peril to health and life. 1t 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, aud
he does not attempt to settle their dis
pute. In concluding the Court finds:
That these libellants are entitled to
extra wages for period of 100 days
inclusive, being a part of the voyage
from New York to Maurtus and from
Nautilus to Honolulu for a shortage
of the food supply of more than one
third the daily quantity at the rate Of
one dollar "a day or $l2O apiece. and
the said food and water being had in
quality for the same length of time, /
hereby further allow each of said libel
iants the sum of one dollar day for
said 12o days. or 1920 apiece, making a
total of $240 apiece for each of the
libellapts or $3.50 for both, and the costs
Of this suit.
II 90 not allow any especial dam
ages 30 the men for the extra suffer-
ings If any endured by them by reason
of the illness shown to exist with both
of them, as the men are not yet out
of the hospital and II cannot now be
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 Il 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
reprimand, and win get no fees. one
OF them Is from Hilo. and will have to