The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-11-28
ANSWERS
To LIBELS
Defense of p. NJ. 5. ). Co.
to Actions for
Damages.

Answers have been filed by Pacific
Mail Steamship Co, by H. Hackfeld q
Co.. it's agents, F. w. Klebahn, secre-
tary, making the affidavit TO the libels
of purported steerage passengers OF
the steamer Mongolia from Yokohama
for San Francisco, claiming $1,000 dam
ages each on account of having been
refused continuance of passage at Ho-
nolulu.
An agreement to carry the complain
ants from Yokohama to San Francisco
is denied, but the issue of steerage
checks to them is admitted. 1t is adj
mitted that they went to the wharf
where the Mongolia was moored and
were refused admittance to the steam
err, but denied that the compliments
were proceeding to go on board in ac-
cordance with any contract. 1t is de-
MED that they had suffered great or
any wrong or indignfty or injury by
reason of the breach of contract al
legged.
that in August, 1905, libeiant signed ar
ticles with libelee in San Francisco
whereby he agreed to ship as a sea-
man on libelee's steamship Barracuda
on a nine months voyage to an un-
known port in Siberia, that while the
Barracuda with libelant abroad was
On such voyage she was captured by
the Japanese and the crew including
Hbelant We're brought before a Japa-
nese court and discharged, that there
after at the instance of the captain
of the Barracuda Hbelee took libelant
and the rest of the crew on board the
Mongolia intending to transport them
to San Francisco, that neither libelant
nor anyone else paid anything for said
transportation, that on the arrival OF
the Mongolia in Honolulu libelant left
the Mongolia, that before the bringing
of this suit libelee offered to transport
libelant to San Francisco in its steam
ship China sailing from Honolulu eight
days thereafter and being the next OF
libeIee's steamers after the Mongolia,
and to pay for libelants board and
lodging in Honolulu from the time Of
the Mongolia's to that of the China's
sailing to which offer libelant paid no
attention, that at all these times libel
ant was entitled to wages under MS
articles, that part of said wages was
paid to libelant in Yokohama before the
sailing of the Mongolia and that the
rest could have been secured by libel
ant on his arrival in San Francisco.
Then it is set forth that before the
arrival of the Mongolia in Honolulu
the officials of the United States
Marine Hospital Service. acting under
U. S. laws and regulations, issued
valid order that Storage passengers
on incoming steamships should not be
allowed to land, that Iibelant was given
notice of said order before he left the
Mongolia here, being Informed by
1ibelee's agents that if he left he could
not return to the steamship, that libel
ant with full knowledge of said facts
forcibly left the Mongolia at Honolulu
despite efforts made by ibelee'S agents
to prevent him, that the officials of the
u. S. H. NJ S. thereupon forbid libelee
to permit libelant to go on board the
Mongolia again, that they refused to
issue a clean bill of health to the Mon
golia unless said libelant was excluded
and that in consequence Of the fore
going facts libelant was rightly re-
fused readmittance on board said Mon
golia.
AS further defense it is alleged that,
even under the contract claimed to ex-
list and even assuming that Iibelant was
taken on board the Mongolia by libelee
as a passenger to be transported from
Yokohama to San Francisco. there was
no obligation on libelee to permit libel
ant to go ashore, and that libelant haV-
ing been forbidden to do SO and hav-
ing done so despite orders, libelee law
fully refused to permit libelant to go
on board the Mongolia again.