45 F. 769 | E.D. Wis. | 1891
The libelants at the port of Detroit on the 13th day of November, 1890, shipped as seamen on board the schooner Shawnee on a voyage to Huron, Ohio, for cargo, and thence to the port of Milwaukee, at the stated wages of $2.50 per day and fare home. On receiving cargo the Shawnee proceeded on her voyage in tow of the steamer Spinner, with the Godfrey in tow astern of the Shawnee. The vessels arrived off Mackinac on the 22d of November, and on account of a heavy head-wind came to anchor. The Shawnee cast her large anchor and took in her tow-line from the Spinner, the Godfrey still hanging on to the Shawnee. The windlass of the Shawnee proved insufficient to hold the two vessels against the head-wind, and was carried away, the Godfrey then coming to anchor. In the forenoon of the next day the master of the Shawnee went ashore, wired the owners of the accident, and received instructions to proceed. Returning on board, the master directed the mate to call the men from the forecastle to get the vessel under way. Upon delivery of the order the men stated that they won1-1
Undoubtedly seamen are absolved from the obligation to serve if the vessel be proved unseaworthy at the commencement of the voyage. But, undertaking service in a seaworthy vessel, they cannot during the voyage impose a new contract upon the master, save in extreme and exceptional cases. The conditions must be such that the crew are not bound to proceed upon the voyage, and are freed from the obligations of the agreement of service. In such case continuance of duty is to be regarded as a new service and a new and voluntary assumption of risks. If, through perils of the sea or otherwise, the vessel becomes so unseaworthy that the voyage cannot be prosecuted except at imminent hazard' of life, the crew are not bound to proceed upon the voyage merely because the master in rashness of judgment may choose to proceed. U. S. v. Ashton, 2 Sum. 13. In such case, if at sea, they may lawfully demand that the vessel be taken to the nearest port; if in harbor, they may lawfully refuse further service. To justify such action, however, the peril of life must be imminent, and the onus is upon the seamen to establish the justification.
I cannot rest this decision here. I should, as I conceive, be derelict in the discharge of dutjq if the court failed by suitable judgment to properly characterize the conduct of the libelants, and to stamp it with the seal of disapprobation. Here was high and aggravated insubordination to lawful command, challenging the existence of authority; a conspiracy of extortion; gross breach of duty; mutinous conduct.. Such acts entail forfeiture of wages of the offending seamen. I have sought to deal wdth this matter in an indulgent spirit, having regard as well to the condition of the class with whom.we have to deal as to the serious mischief flowing from mutinous conduct. I have sought for proper reason to mitigate the forfeiture which the law imposes. I can find none. There was here no provocation to disobedience; no misconduct of-the master. The conduct of the crew was without excuse or apology; cowardly and base. There has been manifested no repentance or contrition. Subsequent good behavior may purge the forfeiture, but subsequent service here was in respect of the extorted agreement. They were offered, but refused, their proper wages. They come to this court to seek enforcement of the illegal compact, coerced through their insubordination. They insist here that they shall be rewarded for their disobedience. They ask the court to declare that the servant is greater than the master, and that the virtual command of the ship shall be lodged with the crew. There has been no condonement of their offense by the master or owners. The payment into court of the amount of the wages was not to the use of the libelants, but subject to disposition by the court. The misconduct here was so aggravated, the mischief resulting from disobedience so serious, that the mere refusal to enforce the illegal and extorted agreement would fall short of adequate punishment. The judgment should be such as shall prove effectual to the maintenance of discipline on shipboard, the upholding of the authority of the master, and the discouragement of mutinous and extortionate conduct. It is within the province of the court to impose forfeiture of wages. That is the extent of the authority here. Such forfeiture, however inadequate as punishment for one of the highest offenses known to the maritime law, will be declared here as fitting warning to others who may be disposed to like insubordination and dereliction of duty. The libel will be dismissed, with costs, and the amount deposited by the claimants in the registry of the court will be returned to them.