The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-01-20
SAILORS
WAGES ARE
PROTECTED

There was an interesting battle over
! the wages of the sailors of the vessel
A. j. West in the Federal court at noon
yesterday. The sailors we're beaten in
libel against the ship brought for
them by George A. Davis. Before
leaving port the captain of the A. J,
| West left the wages due them up to
their discharge amounting to 1920, in
the hands of U. S. Commissioner
Almy.
Davis wanted to collect an attor-
ney's fee out of the money, having Il
power of attorney, but Almy with I'm
Gle Sans regulations before his eyes
refused to pay any claims against the
deposit.
Almy came into court, where Davis
was waiting, and W. L. Stanley, attor-
ney for the vessel, also appeared, but
Almy, being sort of judge himself
was allowed as much freedom of
speech in court as the licensed limbs
of the law.
There has been quite a little con-
versation,' Almy said at the first call
ON him, since your decision in this
case. So far as l know there are only
two bills presented against this money.
One is from the court stenographer,
Mr.. Deas, and the other from Mr.. Ever
ton of the Seamens Institute. | am
informed there is also power of at
torney from some of these sailors co
collect their wages. Your Honor de-
cided you had no jurisdiction to order
the payment of the money into court.
1 have notified the agent of the Sail
ors' Union here and the shipping COM
missioner in San Francisco of the cir
cumstances. There is no reply as yet
from San Francisco"
District Attorney Breckons, examin-
ing the papers, said that in the record
the amount due the men and the place
of deposit were fixed. He thought
the court could take jurisdiction of the
money to collect the costs. Amy,
submitting the matter to the court.
Amy asked how about the order he
received from Washington not to pay
out sailors wages for anything.
Gould you pay any debts, to Mr..
Everton for instance?' the court in
| quired.
mo, SIR Mr.. Almy replied, quoting
case where one was fined $50 for
paying an express bill.
Davis contended that the sailors sub
mitted their cause to the court, there
| fore the court had entire power over
the funds.
Judge Dole thought everything sub
mitted to the court was subject to the
order of the court.
There have been so many different
IDEAS" Amy broke in, 81 propose to
sit still until Your Honor tells me
what to do"
81 rather think Mr.. Almy would be
protected under this record on paying
the money into court" Breckons OBJ
served. II don't think one cent can
be taken out of the fund except the
sum shown here The objection be-
| fore was that the court had no juris-
diction. l advised Mr. Amy that he
need no pay anything unless he
chooses
Amy said that having been present
in court he knew Deas' bill was cor
rect. Evertons bill also was correct
and the sailors knew it.
Breckons here advised that the
money be paid into court and whatever
court costs were due be taken out and
the balance returned to Almy. He
| (Breckons) had nothing to do with
Everton.
Davis asked for his counsel fees
IF you had come to my Office be-
fore you brought this case" Almy
exclaimed, you would not have to
be standing here today"
Judge Dole inquiringly suggested $50
reminding Davis he had lost the case
Il did about $500 worth of work
on that case" Davis answered, "and
ought to have reasonable fee."
Stanley here made his entrance to
the proceedings with the remark, THE
case ought never to have been
brought"
This initiated a hammer and tongS
symphony, with an interlude by the
court to the effect that there was nc
use in arguing the case over again.
Stanley held it would be a bad pre-
cedent to allow a fee in such a case
An examination by counsel would
! have shown there was disobedience o
the captains orders.
Davis, in different innings, claimed
there was evidence only of breaking
eapstan bar and tainted opposite
counsel with failure to have the eyi