Evening star., 1928-11-25

In all probability some very inter-
esting litigation will result from the
sinking at sea of the Lamport g. Holt
liner Vestris, and admiralty law is so
intricate that It is unsafe to attempt
any forecast of the outcome rs far as
the passengers are concerned. The
sailors employed aboard the vessel, how
ever. have a much surer prospect Of
recovering from the operators, accord
ing to the United States Department
of Labor. which has just completed
special study on settlements for acci-
dents to American seamen.
The layman looks upon the ordinary
law as a rather complicated set OF rules
of action which can be manipulated in
all manner Of ways by clever attorneys,
but. in comparison with international
law and admiralty law, the type of law
encountered in ordinary transactions
ashore is of a kindergarten simplicity.
These two types of law are difficult OF
codificatiorl. Jurisdiction Is often OBJ
scure and different countries may place
very widely divergent interpretations
upon the same set Of facts.
In discussing the matter the Depart
ment of Labor says: THE maritime
law of the United States at present Is
composite of court decisions of vary
ing degrees of modernnesS and codes
and compilations of law running back
to the middle ages and beyond. No
recent codif1cation of this law has been
attempted; and while 1t is assumed to
be of general acceptance by the nations
of the world interested in maritime af-
fairs, there are considerable local varia-
tions. Like international law. maritime
Ia hoc n
so far as 1t Is accepted and enforced
therein"
But so far as the Vestris is con-
cerned, the sailors are fairly well pro-
tected. in the opinion of the Depart
ment of Labor, by the existence of sea-
mems compensation laws. Similar to
workmen's compensation laws ashore
they have sort of blanket applica-
tion. It is true that they do not offer
opportunity for heavy punitive damages
such as might be recovered in civil
ployerS, but they do provide for some
remuneration to the sailor who has
been injured or taken Ill while en-
ployed at sea. ~ - '-r
Compensation Laws Cover Case.
The American citizen is protected by
such compensation laws even though
employed ABOARD a foreign nag snip
Thus, the American citizens employed
on the Vestris although she was Brit
ish owned, find that their citizenship
and the protection Of their laws follow
them wherever they sail
But inasmuch as Great Britain also
has compensation laws for sailors, 1t is
the general opinion Of Department OF
Labor officials that Vestris sailors, even
though American citizens, would find
it much simpler to apply for relief un-
der the British Seamen's compensation
laws than under those Of the United
States. To apply under American laws
would doubtless result in the introduc-
ton of various trying technicalities re-
| garding jurisdiction, whereas application
under the British law would be rela-
lively simple procedure. -. .ra5
The position occupied by ship ir
law Is unique. Because OF its mobile
nature, the ship is endowed (for lega
| purposes) with a personality Of its own
Thus, in admiralty law, when. a sailor
ship chandler or any one else has 9
claim, he does not sue the owners. oi
| the ship. He sues the ship itself juSi
as though 1t were person. Let u;
suppose q sailor files suit; for damage;
| against a ship. The ship Is served with
papers and the documents, called g
libel, are actually attached to the side
| Of the ship itself. OF course, master
and owners also have. copies Of the
papers. Indeed, the ship may not leave