Pacific Mail Steamship Company v. Ed Schmidt

• Decision Date: 22 May 1916
• Docket Number: No. 323,323
• Citation: 36 S.Ct. 581,60 L.Ed. 982,241 U.S. 245
• Parties: PACIFIC MAIL STEAMSHIP COMPANY, Petitioner, v. ED. SCHMIDT
• Court: U.S. Supreme Court

241 U.S. 245

36 S.Ct. 581

60 L.Ed. 982

PACIFIC MAIL STEAMSHIP COMPANY, Petitioner,

v ED. SCHMIDT.

No. 323.

Argued April 25 and 26, 1916.

Decided May 22, 1916.

Messrs. William R. Harr, Charles H. Bates, George A. Knight, and Charles J. Heggerty for petitioner.

Mr. James W. Ryan (by special leave) and Mr. John L. McNab for respondent.

[Argument of Counsel from pages 246-247 intentionally omitted] Mr. Justice Holmes delivered the opinion of the court:

This is a libel in personam for $30.33, wages and victualing money from September 24 to October 1, 1913, and for a sum equal to one day's pay for every day during which payment had been or should be delayed. The libel was filed on October 20, 1913. On November 5, 1913, the district court entered a decree for $151.59 with interest from the date of its decree, and $36.25 costs. 209 Fed. 264. The libellee, the present petitioner, appealed, but without success, and on May 18, 1914, the decree was affirmed with directions to add one day's pay for every day since the former decree. On October 6, 1914, an order was made by the circuit court of appeals that the petitioner should pay to the proctor for the appellee the amount of the judgment of the district court with costs and proctor's fee as allowed, and should pay to the clerk of the district court the additional amount to the date of deposit of the penalty adjudged to be continuing; to abide the result of an application to this court for a writ of certiorari, and that upon such payment the running of the penalty should cease so far as the judgment of the circuit court of appeals was concerned.

The facts are these: On July 24, 1913, the libellant shipped as chief steward, under articles, from San Francisco to Ancon, Canal Zone, and such other ports as the master might direct, and back to a final port of discharge in San Francisco, for a term of time not exceeding six calendar months. The vessel returned to San Francisco on September 23, and on September 24, 1913, the libellant was paid in full by the shipping commissioner, and that date noted as the date of termination of voyage on the articles. As seems to have been usual, however, the libellant remained on board, working, and, in the ordinary course, probably would have signed new articles for the next voyage, but on October 1 was notified that he was discharged. On his demanding his wages for his services in port he was told that silverware to the amount of $32.90 was missing, that he was accountable for it, and this sum offset his claim. There is no doubt that this offset, which was alleged again in the pleadings, was set up in good faith, but as both the courts below have found that it was not made out, we assume that it was not proved.

The statute under which the penalty was imposed is Rev. Stat. § 4529, as amended by the act of December 21, 1898, chap. 28, § 4, 30 Stat. at L. 756, Comp. Stat. 1913, § 8320. By that act 'the master or owner of any vessel making coasting voyages shall pay to every seaman his wages within two days after the termination of the agreement under which he shipped, or at the time such seaman is discharged, whichever first happens; and in the case of vessels making foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens. . . . Every master or owner who refuses or neglects to make payment in manner hereinbefore mentioned without sufficient cause shall pay to the seaman a sum equal to one day's pay for each and every day during which payment is delayed beyond the respective periods.' We assume, not only, as we have...