Maritime History of the Great Lakes

Marine Record (Cleveland, OH), November 29, 1888, p. 2

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MARITIME LAW. SEAMAN’S WAGES—EVIDENCE SACQUELAND V. YACHT METEOR. U. S. District Court, Eastern District of New York. On the evidence, held, that the libelant S. was entitled to recover mate’s wages Jur- ing the time be had worked on the yacht Meteor, and that the seamen were entitled to the expenses of their bo. rd during the time there was no cook on the vessel. Benedict, J. This ie an action against the steam yacht Meteor to recover wages for servives ren- dered on board the yacht in the season of 1887. The claim of the litelant Sacqueland is that he was employed to be the mate of the yacht at the rate of $50 a month. That » he served as mate, but was paid only thirty dollars a month and is entitled to recover a balance of sixty dollars for the time he served as mate. In his case the only. issue is whether he was hired to be mate at fifty dollars a month, or to be deekhand at thirty dollars amonth. The testimony of the mas- ter and the testimony of the libelant is in absolute conflict on this point, The surround. ing circumstances lead me to believe that Sacqueland is entitled to be wages, If Sacqueland was not mate, then the yacht had no mate, which ;eems improb- able. It appears that in the previous sea- son Sacqueland was employed first as deck- hand on this yacht atthirty dollars a month, was aiterwards promoted to be. mate of the yacht and his wages raised to fifty dollars a month, He served as her mate to, the end of that season, This warrants the presumption that if Sacqueland remained as mate of the yacht for the season of 1887, he would be en- titled to fifty dollars a month, the wages paid ou the previousseason. That in 1887, he acted as the mate and not as adeckhand on the yacht seems to be shown by the act proved that until about three weeks before his dis- charge he wore a mate’s uniform, which uni- form he took off on being informed that the paid mate’s owner would not pay him atthe rate of fifty dollars a month. The mate’s uniform so worn by Sacqueland was bought for him by the master, and made by a tailor who meas- ured him by direction of the master of the yacht. The masier’s explanation of this circumstance is that it would be contrary to |’ etiquette on pleasure yachts that guests Tur construction of the government dock} along the Sault river bank in front of Por Brady will be commenced this fall and con- | tinued through the winter. It will be 1,400 feet long and will cost $100,000. About 2,000,000 feet of timber will be used in the work, and there will be 20,000 feet of rock filling. ‘he bids will be opened at Genera Poe’s office in Detroit on Monday. Among the contractors who have submitted bids are Carkin, Stickney & Cram; Hickler & Green; McArthur Bros.; John Drew & Co.; 8. Du mond and W. §8. Smith. The outer crib will be twenty feet wide and the work must be completed in one year. ‘Ihe govern- ment will make this improvement to enable vessels to lay-to when they are unable to get down the riverat night and while waiting to get through the locks. The prosecution of the work will help to make things lively here thig Ghe Marine Record. Firebelass Merchant Tailorin6 fe Done in the nobbiest style. according to monthly new fashion plates; made by none but first-class mechanics and none delivered unless to the entire taste or the Customer, can be procured by Jos. L. Kohn, practical tailor and cutter #t the tailoring depari ment of Kohn & Co., 213 Detroit atreer, second door fiom corner Pearl kaown as Boston Drv Goods Store, Cleveland, O. In the rear of the above Store a fine stock ot the latest patterns of Cassimeres. Oloths, Over Coatings, Sillk Vestings, can ba found and owing to the tact, that this young genius of a garment cutter Mr. Jos. L. Kohn does his own cutting, (which alone saves $30 per week) and has the appartment in the abuve Store free of any experse it enables him to Save the Customers from $6 to $10 on every Suit of C'othes. Convii ce yourself by call- ng at 218 Detroit street, second door from gorner Pest] known as Yoston Drv Gvoods winter; and it is only one of the improvements entailing a big expenditure of money thas is to be put through.—Sault ste Marie Times. THERE were 100 vessels adde d to the Brit- ish and Colonial register last month, and 76 removed. The tonnage of the vessels added was 58,116, and that of the vessels removed was 28 474. We are ‘hus adding to our fleeis The steamships included ; show still the Those removed aggregated about but those added were over 41,000 tons, Out of the steamers added to the register for the United Kingdom; 48 in all, there were which were each over 1,500 tons net register so that a considerable proportion of the ten nage is composed of large steamers. ail in these returns wore strikingly additions Tury are able niw to give reasonable facil- ities fur the discharge of grain laden vessels in some British ports. The steamer (ymm- rod:rion has fuasnished an example of quick despatch in the Tyne. She brought a cargo of 10,300 qrs. of Polish wheat from Odessa and was discharged at the grain warehouses in 20 working hours. JJetour Melephone ]jine. direct communication with when coming on board should be received by a deckhand, and, a: the master could not always be present to.receive the guests, the mate’s uniform was bought for Sacqueland in order that Sacqueland when receiving the guests might not be known to such guests to bea deckhand. The explanation i is hardly sufficient to deprive Sacqueland of a mate’s wages. Furthermore, two letters of the "master to Sacqueland, at a time ‘when the was sick and out of town, are put in which are notsuch letters as “would itten to a'deckhand, but are ‘such as ould be written to a mate in command. They authorize Sacqueland ta employ men; : they give him directions to keep the work goiug ahead, and are inconsistent with the idea that Sacquelaudfhad not control of the crew on board the yacht in the master’s absence. The discarding of the mate’s uni- form at the end of the season by Sacqueland, when informed that the owner would not pay him mate’s wages, indicates’ that up'to that time at least he had; supposed himself to be mate, and of course earning a mate’s wages. Upon the evidence I am of the opinion that Sacqueland is entitled to re_ cover mate’s wages up to the time that he took off the mate’s uniforia, As to the claim of the other libelants, be: ing seamen who eerved on board’ the yacht during the season‘of{1887, the only question is whether .they wre entitled to recover seventy-five cents a day for the expenses of their bourd from the first to the tenth ot May, durimg which time there was no cook on board the yacht, and they paid their own poard. In regard to the libelant: Brown there can be no doubt. He was employed by Sacqueland, and both he and Sacqueland testify that the bargain was that he should be paid a dollar a day for his labor, and seventy-five cents aday for his board during that time. The other men were hired by wot WESTERN UNION TELEGRAPH HOES Frank Perry’ $ Tug sol HE NEW YORK BELTING AND PACKING COMPANY, SAULT STE MARIE. Complete towing and wrecking outfit always ready. TUG ANDREW J, SMITH Stationed at Detour. Office open day and night. LOUIS LEMON’S TUG LINE. TUGS;: * ONEIDA, C. D. MCKINNON, QUICKSTEP. River and Harbor Towing---RaftTow-| ‘ing a Specialty. OF rion 808 Arwatmr St. TxLePyonn 514. DETROIT, MICH. Scott’s NewCoastPi lot Second Edition, Revised and Enlarged, With new Maps ce Illustrations corrected tothe opening of Nuvigation in 1888, Is SOLD BY SHIP CHANDLERS AND BY THE PUBLISHER, CEORCE SCOTT, Art 162 LARNED st,, E, DETROIT, MicH. the master, and the conflict of evidence in regard to their hiring is complete. The mas- ter asserts{that the agreement was that they should pay their own board during these ten days. Each of the men assert that the vessel was to pay them seventy-five cents a day for their board during this period. I incline here to believe the statement of the seamen. It seems hardly possible that these seamen would have agreed to work in May for twenty-five;cents a day as would be the case if they paid their own board out of the dollar; and moreover, it is proved that one dollar and seventy-five cents per day was paid them in April when they paid their own beard. My conclusion is that the agree- ment was that the board of the men was to be paid them in addition to the dollar per pay. They are therefore entitled each to receive $6.50, except Charles Colson, who, as the testimony seems to show, has aban- doned his claim, Let a decree in favor of the libelants in ac- cordance with this opinion be entered. The libelant must also recover the costs. & October 4, 1888. MANUFACTURERS OF ronTacle Backs TAKING THE PLACE OF WOODEN BLOCKS FOR ALL PURPOSES. 159 River St., CLEVELAND, O WILLIAMSON BROS. COR. RICHMOND AND YORK S¥S§. DELPHIA, PA. PHILA! more than di uble the tonnage we are losing. | 7,000 tons, | 13 ALL tS », | Groceries and Provisions, Store of KOHN & CO., Cleveland, O. PR ROPOSALS FOR CONSTRUCTION—U, 8S. En- gineer Office, Cleveland, 0 , Nov, 14, 1888. Sealed | proposals in duplicate, wil be receive av this office | unt i! 12 o'clock m, on Monday, the 17th day of De- cember next, at which time they will be opened in the pre sence of bidders, for constructing 6 0 lineal feet, more or less, of the structure of east breakwater at Cleveland, Ohio. Preference will be given to ma- | terials and plant of bomestic prodnction or manu- | facture, conditions of quality and nrice [import du- | ties include ad] being equal. The attention of bidders is invited to acts of congress approved Feb 26, 1885, |} and Feb 28, 1387, vol. of, page 414, statutes at large, ag information can be cbtained at this ofie. The United States reserves the rizht to reject any or all proposals. L., COOPER OVERMAN, Major of Engla- eers CORRUGATED AND WITH FLANGED OR PLAIN INIS Take 10th or 23! Street Ferries from New Yorr to GREENPOINT WaRREN FE. Hinz, } Cuas H, Corsett, THE CONTINENTAL IRON WORKS Tuos. F. RowLa XP, President. Vice Presidents, iS Tuos. F Rowxanp, JR., Treasurer. efia Gl TRON WORKS, MANUFACTURERS OF trey Hoisting &Deck Engines os o 2 = ® ns — | o = > 2. oe = — ow = So SS QO =. & Pa. Ys fs Sas. sa 5 Sess nw 2S co _a—l . _ @ ® no ee a.wn = 4 Pe a BE oe THE SIMPLEST AND bist OF FEK Ei —SATISFACTION GUARANTEED. SU BMERGED RLUE BOILERS Engines, Boilers and Pumps on Hand for Prompt Shipment CIRCULARS AND PRICES ON APPLICATION. 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