Evening star., 1928-11-25
WORKINCs' OF MARITIME LAW
BY FREDERIC j. HISKIN.s

the port until the claim has been settled
Now irf treI~case Of the vestris a
difficulty arises which complicates the
procedure. The Vegtris lies ct The bot
tom of the sea and is outside the juris-
diction OF any court and beyond the
summons Of any marshal. In such
case, the owners would be sued directly
News dispatches have told the story
OF how many seanen were injured In
the Vestris disaster. Certainly the voy-
age Of all was interrupted. Plain and
suffering are listed as injuries for which
the sailor Is entitled to compensation
so 1t would appear that almost every
seaman who survived the VestriS dis
aster has a claim.
The basic rule followed by all princi-
pal maritime nations is that when a
seaman is injured or falls i'll, he is en-
titled to his full wage to the end of
the voyage. This has been repeatedly
construed to mean that even though.
In the course of the voyage, he has
been put ashore at some foreign port
for hospital or other treatment, the
wage still accrues and must be paid.
Indeed, American law provides that
when he Is put ashore, the master of
the ship must pay him at once the full
amount of his wages to the end of the
voyage. This payment In advance must
be made before q consul or other au-
thorized official. In many cases, where
the injury or illness Is slight or mild
the sailor remains aboard
Ancient Law in Effect. :.
It is interesting to note H.. this
general rule is of ancient daCe.. Sea
laws to this effect are found In the
compilations of what are known as the
Laws of the Hanse Towns-that Is, the
famous maritime cities of the Hanseatic
League which practically controlled the
ocean-borne commerce Of the Occident
in the thirteenth and later centuries.
In other words, the general rule which
protects sailors today Is but little differ
ent from that under which the sea-
men of Christopher Columbus sailed.
American court decisions have not
varied from the ancient law. The
Bureau Of Labor Statistics has made an
interesting compilation of cases where
the rule has been upheld. A ease di-
rectly in point, embodying every part of
the old rule, is that against the ship
North America, which was adjudicated
in 1872. A fireman was injured soon
after the ship sailed from New York on
a voyage to Rio de Janeiro. Brazil. The
man had signed articles for the trip to
ITO ana TeCuTn. his INJURY was severe
and he was put ashore at ST.. Thomas
in the Danish West Indies (now the
Virgin Islands Of the United Statesl.
On its return trip from Rio. many weeks
later, the North America picked up the
fireman, not yet recovered sufficiently
to work, and returned him to New York
Despite the fact that he had done but
few days work. he was awarded by
the court full wages for the trip to Rio
and return to New York, although nearly
all Of the time he had been unable to
do q stroke, because of the injury suf-
fered IN the service of the ship
Another case on record concerns the
Governor AmeS, which signed on crew
| at San Francisco for q voyage to Mel
bourne. Australia, and return. Before
| starting across the Pacific, the ship went
| to Puget Sound to load additional cargo.
| A seaman was injured in the course of
this loading and was sent to hospital.
Although he never even left the United
| States, he was declared by the court
| to be entitled to his full wages all the
way to Australia and back to San
| Francisco, ,e, ..r. ,--.-
with such compensation. It seems
likely that the seamen of, the Vestris
will be quite. fully j. protected. Such
litigation as arises from claims hled by
passengers will add another chapter to
] the mass Of maritime law. - s.--