The Hawaiian gazette., 1906-03-20
AGAIN
IS. DIVIDED

of the Supreme Court of which TINS is
the syllabus:
GA seaman's wages can not be at
tached or made subject 10 garnishee
process. U. S. R. s., Section 4536. :"
Chief Justice FreAr writes dissent
ing opinion.
The case decided is that of James L.
Holt, Tax Assessor, against Captain A.
Tullett, with the lnter-Island Steam
Navigation Co, Ltd, as garnishee.
''Plaintiff secured judgment against
| defendant in the District Court OF
Honolulu for the sum of $120.3s, - JUS
tice Wilder explains. Execution on
this Judgment was returned wholly un.
satisfied. Then under Section 2llS of
the Revised Laws the garnishee was
cited in and ,rt ,red to pay the plaintiff
the sum of 46j found to be due defend
ant as wages Il rm the garnishee. From
this decision of the District Court the
garnishee appealed to this court on the
point of law that ii was and Is void be-
cause defendant was seaman within
| the meaning of Section 4536 of the U.
S. Revised Statutes and his wages
were not subject to garnishment or ar
restment from any court.
The opinion says there is no such dis
tinction as plaintiff set up, when he
admitted that seaman's wages could
not be attached or subjected to gar
nishment before Judgment but contend
ed that after ju igment the statute dld
not prevent attachment or garnish-
ment. Justice Wilder concludes that
the contention of plaintiff, that certain
Federal cases relied on by him hold
"that wages due a seaman may be
seized under an execution issued on n
valid Judgment in state court is
wrong and accordingly the decision of
the District Magistrate is reversed and
the order of attachment is dismissed.
Justice Hartwell discusses the law
and concludes thus:
"The Federal statute, enacting that
seamcn s. wages Ghall not be subject to
attachment, does not except attach
ments after judgment, and the court
has no authority to make the eXcep-
tion. / therefore concur
Chief Justice Frear says that arrest
ment is merely Scotch term for at
tachment. Attachment in n broad
sense would include almost any seizure
of person or property under judicial
process, including Il seizure on execu'
ton. but in it's ordinary and proper
? sense II refers TO mesne rather than
final process.
) Tho Chief Justice ouotes from tn,
4 hooks tba stated distinction between
attachment and execution. He saw,
! tho words in the Federal statute should
= no construed in their ordinary sense
i or exemntion from execution as wei
= nc from attachment had been intende,
= tbe words ordinarilv used to expres
o such an intention would have beer
= rsed The rest of the section bear
/ ont this view,
Chief Justice Frear further define
tbe issue thus:
nTbo reason of the statute is foun,
t in the improvidept character of sea
: men and the peculiar circumstances un
n der which they are placed and the con
:. seouent need of their protection. II
i hermit n retention of their wages mend
e ;ng a suit of uncertain duration an,
= resnlt would often work a great hard
e sbin unon tbom but tn allow tbei
r y,ges to no ,nnlied in navment of
d ;rst dabt corcInsivelv determinod Inv
indomopt would NOT bo a bardshin in
- legaI sense Tho obioct If the statut
). il to prevent a susnSnsion of WAGES h
ottacbment mr. garnishment nending n
action that NAV tnrn ont to be nr
founded and NOT to nrevept their n,
y nIicotion nm execption to tho navmen
Of inst debt In n certain sense
ii navment of n seaman 8 inst debt woul
he navment on his account,
i Ho ootes a number of Federal ease
! directIr holding that the statute i
mestion does no. EXEMPT seaman
|, wages from execution and concludes.
II "J fully agree With the conclusion
of tbese Fedora, courts Even If m
n own imnressiop were the other wav
IS sbould feel that. in tbe absence of an
Is dec;sior 20 tho contrary I ought to fo
IS low Tho construction placed hy thr,
FaderaI conrts in this tho ninth al
it cnit on Federal statnte esnec;all
when tho question is ot Least a DOM
fri nra arS that eons,rnctinn i fayor,
n, ! ~ =. - - ;,;l;.; - A.. ~
rights of our own Territory and pc
pie. In The City. of New Bedford