The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-16
.LESSL|E'S
SUIT FAILS
The Court Finds Inter.
Island Company
Not Liable.

Federal Judge Dole finds that Georg
Leslie is not entitled to any dam
ages, where he claimed $4,000, agains
. the Inter-Island Steam Navigation Co
for breach of contract of employment
and promotion. The decision is on ex
ceptions to amended libel in admiralty
exceptions to the original libel having
been sustained on the ground that the
libel showed the agreement to be ar
ordinary contract for hiring and con-
tanned no stipulation fixing any definite
period for the termination of the en-
gagement, the rule being that in such
cases the contract may be terminated
at any time at the election OF either
party"
Stating the case the court says:
1.-THE amended libel alleges that pre-
| vious to the engagement, libellant, in
| addition to the allegations as to his
/ occupation as a mariner and skilful
master of steam vessels, was in the
| city of San Francisco where the wages
/ of officers of coastwise steam vessels
We're seventy-fiye dollars a month with
board and lodging for the position of
| second mate, and that he had, previous
| TO the said engagement, secured an ap-
pointment as second mate upon one of
/ the said coastwise steam vessels at said
wages and board and lodging, but had
not. at the time of said engagement,
entered upon the discharge of his du-
ties under such appointment etc.
In the original bill the libellant alleg-
ed that he was a mariner and licensed
sells and relied upon his wages as
mariner for his support; that he en-
tered into an agreement with the libel
lee 10 work on its steam vessels ia the
capacity OF second mate at fifty dol
lars a month wages, and his board and
lodging, which We're worth thirty dol
lars a month; and the libellee agreed
as part of the contract that his en-
ployment should be steady with chance
of promotion; that he began work UNI
der such agreement August s, 1901, on
the steam vessel known as the Keau-
hou, as second mate thereon; that on
September 6, 1901, he was promoted by
the libellee to the grade of first mate
on the said steam vessel with the pay
of ninety dollars a month and his board
and lodging.
Exceptions to the amended libel COM
ing on for hearing, counsel for the
libelfee renewed the contention that the
general rule as to contracts of hiring
applied, there being no stipulation as
TO the length of service agreed upon
and that the contract was not one in
which damages could be given on a
suit for breach of contract on account
of the discharge of the employee.
Judge Dole discusses several authori-
ties from which he is led to say that
if the libellant had been discharged
upon his arrival at Honolulu before |
he had entered upon the duties of his
new position the case would have been
different. On this view he concludes |
the decision thus:
IF that had taken place, I should |
feel that in some way he would be en-
titled to damages. for to induce sailor |
holding an engagement in San Fran |
cisco worth seventy-five dollars
month with board and lodging, to cam
eel such engagement and come two !
thousand miles to Honolulu, on the
promise of steady employment with !
chance of promotion with wa ges at
fifty dollars month at the start and |
board and lodging, and then to dis
charge him on his arrival at Homo |
lulu, would unquestionably be treat
ment savoring of rank injustice. But
as the contract with the libellant was
carried out in good faith for a period of
oyer two years and half, and the
stipulation in such agreement that he
should have steady employment with
chance of promotion being faithfully
carried out by promotion to the posi-
tion Of first mate with raise of wages
from fifty to ninety dollars a month
and board and lodging as before, before
he had been in the service of the libel
lee for one month, feel, on the theory
that he was entitled TO employment I'M
der his engagement with the libellee
for a reasonable length OF time in view
of the sacrifice that ne made at the in
ception of the contract by ,ancelling
his engagement in San Francisco and
coming to Honolulu. which may be said
to support presumption of an engage /
ment on the part of the employer for
an engagement for such reasonable
time as would be a substantial return
for such sacrifice, that he had nothing
to complain of and has suffered no
damages that the lfbellee is liable for
on account of his discharge.
In accordance, therefore, with these
conclusions, the exceptions are allow
ed
J. J. Dunno, proctor for Iibellant.
Smith & Lewis, proctors for libellee.
-~&S
0biec1 IF Asann.a@{o~