272 F. 542 | D. Maryland | 1921
The libelants are alien seamen,-who were employed as part of the crew of the American steam freighter Robin Iiood. On arrival in the United States, each of them was found to be suffering from a venereal disease. They were ordered to a hospital in compliance with the terms of the act approved December 26, 1920, and were there treated. Upon their discharge from the hospital, they demanded their full wages, but the ship insisted on its right to deduct the amount of the hospital bills which it owed for their treatment from the wages due them. In this libel they seek to recover their wages, without deduction, and also to recover compensation at the rate of two days’ wages for one for delay in making payment.
Under such circumstances, the owner, before making payment, was justified in asking for a judicial determination. It united with the libel-ants in bringing the question to the attention of the court at the earliest possible moment.
The libel will be sustained in so far as it requires the payment of the wages in full without deduction for the hospital charges, and. it will be dismissed in so far as it asks damages or penalty, for delay in paying the wages.
The costs will be upon the respondent.