The St. Paul
| Citation | 77 F. 998 |
| Parties | THE ST. PAUL. CLARK et al. v. THE ST. PAUL. |
| Decision Date | 28 January 1897 |
| Court | U.S. District Court — Southern District of New York |
Griffin & Fitzgerald, for libelants.
Robinson Biddle & Ward, for claimants.
On the 14th of December, 1895, the libelants were shipped by the master of the steamship St. Paul, as firemen for a voyage from New York to Southampton and back, at various rates of wages. Shipping articles were signed by all. In accordance with the provisions of the articles, the libelants, on the 18th of December, presented themselves at the dock where the ship lay, prepared to enter upon their work. A break however, had occurred in the main steam pipe leading to the port engine of the steamship, rendering that engine useless but not interfering with the working of the starboard engine under which the steamship might have made the voyage, though much more slowly than her customary passage. On the 18th the libelants were notified of the accident to the steam pipe, and that they were not then wanted, but were told to present themselves again on the 19th, which they did, and were then told to present themselves again on the following day. Coming again on the 20th, they were told that the steamship could not be repaired in time to make her voyage; and they were thereupon discharged from the service of the vessel and told to apply to the shipping commissioner for their wages. Through the shipping commissioner they received three days' wages, protesting, however, that they were entitled to wages for the voyage, and that the receipt of three days' wages should not prejudice any of their rights or remedies.
I think the discharge of the libelants under the circumstances was reasonable and justifiable (see The Elizabeth, 2 Dod. 403), and except for the statute, probably no further wages or compensation could have been recovered by them. Section 4527 of the Revised Statutes, however, provides as follows:
'Any seaman who has signed an agreement and is thereafter discharged before the commencement of the voyage, or before one month's wages are earned, without fault on his part justifying his discharge, and without his consent, shall be entitled to receive from the master or owner in addition to any wages he may have earned a sum equal in amount to one month's wages as compensation, and may on adducing evidence satisfactory to the court hearing the case, of having been improperly discharged recover such compensation as if it were wages duly earned.'
The claim presented is not according to the letter of the statute, i.e., for a month's compensation; but only for 15 days, the residue of 18 days, which is the ordinary period of the voyage of the St. Paul out and back.
Several objections have been raised to a recovery under the above statute. Upon consideration,...
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