298 F. 108 | D. Mass. | 1924
These are two intervening petitions by Griffin and Shea, who were masters of the Mariner, asserting maritime liens for their wages. She was a beam trawler; the petitioners were hired by her owners at fixed wages plus a commission on the
It is said for the plaintiffs that on such facts the old reasons for refusing a hen to the master for wages no longer apply. As an original question there would' be a good deal of force to this contention; but the law is settled .that, although his powers may be greatly restricted and he may have no control over the funds, a master who in fact exercises the ordinary duties of a master at sea has no lien for his wages. The Nebraska, 75 Fed. 598, 21 C. C. A. 448 (C. C. A. 7th) ; The Eugenia Emilia, 298 Fed. 340 (District Court, Mass., February 8, 1924). As applied to modern conditions, the rule is too strict, .and is often, as here, unjust; but a court of first instance must take the established law as it finds it.