The Hawaiian gazette., 1905-11-28
ANSWERS
To LIBtLS

Answer have been filed by Pacific
Mail steamship co. BY o. Haokfeid a
Co. iis agents. D. " Klebahn. sscre-
iary. making the afidayit. 10 the libels
u purported Storage passengers OF
the steamer Mongolia from Yokohama
for san Francisco. claiming 5000 dam
aKes each on account OF having been
refused continuance Of passage al Ho-
nolglu.
An agreement 10 carry the complain
ants from Yokohama 10 San Francihco
IL denied. but the issue OF steernge
checks 20 them ~ admitted. IL IL adj
mltted that they went 10 the wharf
where the Mongolia was moored and
were refused admittance TO the steam
er. but denied that the complainants
were proceeding 10 go on board In ac-
cordance with any contract II Is de-
MED that they had suffered great or
any wrong or indignity or injury by
reason Of the breach OF contract al
Legged.
II is alleged, taking case sinRly,
that In August, 1906, libelant signed ar
ticles with lIbelee IN San Francisco
whereby he agreed 10 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
Iibelant were brought before a Japa-
nese court and discharged. that there
after at the instance OF the captain
OF the Barracuda Iibelee took libelant
and the rest Of the crew on board the
Mongolia intending TO transport them
10 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
llbelant 10 san Francisco In its steam
ship China calling from Honolulu eight
days thereafter and being the next OF
lIbelec's steamers after the Mongolia,
and TO pay for llbelants board and
lodging In Honolulu from the time OF
the Mongolla's to that OF the China'a
sailing, to which offer libelant paid no
attention, that at all these times libel
ant was entitled to wages under his
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 II In set forth that before the
arrival OF the Mongolia in Honolulu
the officials OF the United states
Marine Hospital Service, acting under
u. =. laws and regulations, issued a
valid order that steerage passengers
on incoming steamships should not be
allowed to land, that libelant was given
notice OF said order before he left the
| Mongolia here, being informed by
libelee's agents that II 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 libclee's agents
10 prevent him, that the officials OF the
y. $. II. NJ. s. thereupon forbid libclee
TO permit libelant to go on board the
Mongolia again, that they refused to
Issue clean bill OF health to the Mon
golla unless said libelant was excluded
ana that In consequence OF the fore
going facts libclant was rightly re-
fused readmlttance on board said Mon
golia. trs
As further defense II is alleged that,
even under the contract claimed to OK
list and even assuming that libelant was
taken on board the Mongolia by libelee
as n passenger to be transported from
Yokohama to San Francisco, there was
no obligation on libelce 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 10 20
on board the Mongolia again.