McNamara v. The Atlantic
| Decision Date | 12 January 1893 |
| Citation | 53 F. 607 |
| Court | U.S. District Court — District of South Carolina |
| Parties | THE ATLANTIC. v. THE ATLANTIC. McNAMARA |
Huger Sinkler, for libelant.
R. W Memminger, for respondent.
The libelant was engaged as engineer on the steam dredge Atlantic, and files this libel in rem for his wages. The respondent admits the service, but denies the lien, on two grounds-- First, because this is his home port; and, second because the libelant was master of the dredge, and as such has no lien. The steam dredge was leased by Thomas Young for the purpose of completing a contract with the government. The dredge belongs to the port of Charleston. She was during a large part of the service of libelant engaged in dredging Brick Yard creek, a waterway connecting Coosaw river and Beaufort river, and afterwards in Wappoo cut, near Charleston. Libelant had been fireman on the dredge, and upon the removal of the engineer was appointed in his place. The wages were $3.50 a day for every day the dredge was at work. The dredge was under the direction and control of the respondent who made the contracts for her, and gave instructions when she should work. He was not on her, but gave his directions by visiting her in person, or by sending his son-in-law to represent him. Libelant was the highest officer on the dredge, and directed the fireman and any other hands aboard. He had no authority to purchase supplies for her, or to engage or dismiss hands aboard of her. His wages were paid at the office of the respondent in Charleston, either to libelant or to his authorized agent.
It is a puzzling question whether libelant stood in the place of the master or not. He was employed by respondent, looked to him for his wages, was paid by him, was under the control of no one but him; and in these respects came within many of the reasons given for refusing the master his lien. Drinkwater v. The Spartan, 1 Ware, 158; The Eolian 1 Biss. 321. On the other hand, he had none of the responsibility or powers of a master, never had any independent authority, did not get continuous wages, but was paid only when his engine was at work. Upon the whole, I am of the opinion that he cannot be treated as a master of a vessel. He was master in no maritime sense. He was employed because he was an engineer, and his chief duties were to run the engine. For this reason his pay ceased when his engine stopped. His position on this dredge was analogous to that of a sailing master on a yacht, and it has been held that he is not a master. The Carlotta, 30 F. 378.
The next question is, has he a lien as engineer? Dredges and scows are subject to a maritime lien for services rendered. The Alabama, 19 F. 544. A barge without sails or rudder is subject to a lien for wages of men employed in her. Disbrow v. The Walsh Brothers, 36 F. 607. The engineer of a towboat has a lien. The May Queen, 1 Spr. 588. Persons employed on a steam fishing vessel only to catch fish have a lien for wages. The Minna, 11 F. 759. Does it affect the question that she was in her home port, and because he was employed by the lessee in person? The counsel for respondent contends that the lien does not exist in favor of the seaman at the home port. There is no authority for this proposition. ' The Eastern Star, 1 Ware, 185. In the Sirocco, 7 F. 599, judge Benedict says:
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