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EEE EE EE ah ee MARINE LAW. TERM OF SERVICE ON A TUG—NOTICE OF DI8- CHARGE, District Court of the U.S. for Maryland, An engineer was employed on a steam lug used about a harbor at a certain rate per month, but without avy agreement of his service, " Held, in the absence of proof of any settled usage, that he could be discharged xt any time without any previous notice, and could recover only for the time actually served. A. Stirling, jr., Esq., tor libellant, Venable & Packard, Esqrs., for respondents, Opinion tiled November 27th, 1883. Morris, J. The libellant was employed as an engineer on the steam tug Pacific, lying in the harbor ot Baltimore, and having been discharged without previous notice on the 6th December 1882, he sues for the balance of his wages at $50 per month and. the value of his meals for the reminder of the month of December. The libellant entereu the employment of the Steam ‘Tug Company on 9th May, 1881- His: wages forthe fraction of that month were settled up atthe end of it, and after that he drew.on account during the month what money he needed, and at the end of each month ‘there was a settlement, It appears that he had been once before in the employment of this Steam ‘Tug Com- pany, and when in May, 1881, he applied ‘for a position as engineer he was told to go on board the Pucific at $50 a ronth, and nothing more was said. ° 'Yhe libellant claims that he was employed by the mouth, and that his employment could only be terminated, unless for cause, by a month’s notice, to take effect. at the end of 2 month. . Unless the verba’ contract proved is con- trolled by usage or custom, or some presump- tion of law or fact, it must’be held to bea general or indefinite hiring, and I take it, the Jaw as to such a contract is correctly stated in Wood on Master and Servant, page 272: “With us the rule (different from the Eng- lish rule) is inflexible that a general or in- definite hiring is prima facie a hiring at will, and if the servent seeks to make it out a yearly hiring the burden ‘Is upon him. tu establish it by proof. A hiring at so mach a day, week or year, no time being specitied, is an indefinite hiring, and no presumption attaches that it was for a day even, Lut only at the fixed rate tor whatever time the party may serve. It is competent for either party to show that the mutual understanding of the parties in reference to the matter, but | unless their understanding was mutual that the service was to extend for a certain fixed and definite period it is an indefinite hiring, and is determinable at the will of either party. * * * * Thus it will .be seen that the fact that compensation is measured atso much aday, month or year’ does not necessarily make such hiring a hiring fora day, month or year, but that in all such cases the contract may be put an end to by either party at any time, unless the time is fixed, for the services actually, rendered.” The contract in this case is therefore to be governed by the law as above stated, ‘unless there is some usage or custom to the con- trary, or unless there is something in the peculiar employment or circumstances of the parties which makes it unreasonable to hold that they could have intended to enter into a contract determinable at will. As to the alleged custom, there is really no proof in support of it. The libellant says he always supposed the custom was to give a month’s notice or a month’s pay, and did not suppose he could be discharged without notice. The only other witnesses for the libellant was Mr. Hill, an engineer, who has served many years on tug boats in this port, and all he can say is that he has always contended that he could serve to the end of the month, On the other hand the manager and the treasurer of the Tug Company say they | never beard of sucha custom and never acted upou it, but discharged the com. | pany’s employees withont notice and pay | them for the time they have served, | The master and the mate Pacific | both say they never beard of employes on | tugs either giving or receiving notice, and that they are paid only to day of discharge, This is all the proot addnecd with regard to| have of the the custom and falls far shortot proving it. i THE Looking, (hen, to the special employment of the Jibellunt as engineer on a tug used in the harbor and on the bay, Is there anything in that employment which would make it unreasonable to hold that the libellant could be discharged before the end of the month and without notice ? Mariners of all kinds « usually employed tor the voyage, and their term of office ex- pires with the voyage, although their wages may be ata fixed rate per month, unless there is a special contract fixing it differently. Aud if such a hiring as the present one is to be regulated by any analogy to other hirings on shipboard, it would seem that with re- gard toa tug plying about the harbor and returning to her berth at the close of the day, and particularly where, as in this case, the.employe did not sleep on board, that each day’s crusing is a voyage or if she goes out of the harbor her return completes that voyage. ‘The reason for libellant’s dismissed in the present cuse appears to have been that he did not “get along well”? with the master of the tug, and although it is not sbown that he was to blaim for this, it is clear that the tuy could not be properly operated unless there was harmony and good feeling among those on board. The necessity for such harmony is apparent and is, I think, an argument to show that it is not unreasonable that the owners of the tug should, have the right to: promptly dismiss any of the em- ployees, I am of opinion that the general rule with regard to an indefinite hiring must prevail is this case, and that the libellant has failed to show either a settled usage or special circumstances to modify that rule. Libel dismissed. GENERAL NEWS. No record is yet known of the Soo river |. being open and boats coming through as as late as this year, December 15th. The. Secretary of the Navy advises that. seven ships of war be built every year until the Government has acquired a. new steel navy. ve ‘Three boys who stole a boat trom Cronan, a Chicago boatbuilder, and started tor a trip to New York by Way of’ the lakes and Erie canal, are supposed to be lost in-Lake Mich- igan, | . The vomination of William Livingston, jr. for collector of the port of Detroit has been sent to the Senate, and by it referred to the Committee on Commerce... The committee will report it back without delay. A number of prominent vessel owners of St. Catherines have presented Mr. William Ellis, superintendent of the Welland canal, with a testimonial and letter, thanking him for his civil and obliging conduct during the past season. The collector of customs at Rochester, N. Y., has been informed by the ‘Treasury De- partment that a raling of the department entitles peas and beans to admission tree of duty. This will result ina saving to the Rochester seedsmen of from $2,000 to $10,000 yearly. The report of the naval inspectors upon the United States steamer Michigan has just been received at Washington. They say al- though the oldest vessel in commission in the navy, having been built in 1844, the Michigan is in excellent condition. Some slight changes are recommended to be made in her hull. The steamer Auk, from Liverpool for Rot- terdam, was wrecked in the gale on the 11th. The crew of twenty-one were drowned. The ship Albertine, from Quebec, in being towed into Creenock harbor was caught in the gale, The towline parted and the ship was driven out of sight. ‘There is no trace of her since. Every one of the new California delega- tion in the House has introduced a bill which in one way or another affects the railroad in- terests of the Pacific Slope, and they are joined in this task by two or three score of members from other States, who have pledged themselves in opposition to every railroad interest. Bills revoking land grants were introduced by the score, The Union Tron Works of San) Francisco are going to open an iron shipbuilding yard They have at the Potrero, San Francisco, already expend@d $500,000 in getting a plant’ toyether, and expect more. They hope when their works to expend mach MARINE twice as! RECORD. are completed to compete successfully in the | building of first-class iron and steel ships and steamers, Captain Arntz, the enterprising mining engineer at Cascade Mine has sent for a new ore mill and expects it to arrive, via Point St. Ignace, in a week or two, ‘The freight charges have’ been. estimated at $600, and Captain Arntz is satistied that he can lay the machinery at the mine eheaper than during the season of navigation, as the hauling can be done during sleighing. People are not generaily aware that the egg product of the United States stands sec- ond in value only to corn and wheat, and often surpasses the latter, During the last fiscal year, for instance, the corn crop was worth $480,643,400, the whent crop $484,675,- 779, and the egg crop $475,682 889. The hen, in her relation to our domestic economy, is thus entitled to more respect than has com- monly been paid ber. The idea of constructing a canal between the Baltic and the North Sea through Hol- stein has row assumed definite shape. Prince Bismarck has re-considered his for- mer objection, and a bill tor powers to exe- cute the necessary work will be laid before the Reichstag during the coming session The cost is estimated at between six anda half and seven and a half millions sterling. The lightening up of the interior of steam boilers was long ago suggested. It has lately been carried into practical operation by the Patent Steam Boiler Company, Lon- don, ‘They arrange lights within. the boiler in such away, that the caecades, currents and miniature whirlpools of the water may be clearly observed. It is believed that use- ful information will be derived from the ob- servation touching the cause of priming, the best modes of separating steam from the water, etc. The New Castle Chronicle says the ques- tion of the future of shipbuilding is now coming more rapidly to the front, One large ‘Tyneside firm built recently a steamer, and found that its intended owner could not. raise the capital for it, and another market had to be sought. Another firm have just put down a steamer on speculation, the first for some time; and a third firm has received the deposit fee trom the orderer of a steamer. The reason of this is not far to seek; it is known that the rate of freights has fallen very greatly. Until there is a change in this respect, new Capital will not enter the trade, Old established managing’ owne1s can pro- cure funds to replace vessels that they lose, and a few others can sell shares; but, broadly put, additional capital ‘is not forthcomirg largely. ‘There must be more general adop- tion ofa better system of management that a few firms have commenced, and there must be (if not bigher freights) a reduction of the working expenses of steamers. BUILD A DRYDOCK. The wardens of the various Penitentiaries in Canada have difficulty in discovering methods of employing their prisoners in re- munerative industry on account of the re- strictions placed upon them by the Govern ment, which is naturally unwilling to allow it to appear that the criminal population competes with free labor outside the walls to the disadvantage of the latter. In his last report to the Minister of Justice Mr, Creigh- ton observes: ‘‘lt appears to be distasteful to a large portion of the public that any in- dustry should be carried on here which will in any way compete with free labor outside. I think, on the other band, that convicts should be kept constantly employed, ard on such labor as may be feund most profitable, because all they could accomplish in any branch of industry would only be a small fraction of the quantity of the work required, and would not be Injuriously felt by any- one.”? There is one way in which the diffi- culty can be surmounted for several years tocome. ‘Lhe shipping trade stands greatly in need of a drydock at Kingston. An im- mense quantity of work now goes to Buffalo which could well be done here, and would be done here if the facilities existed. ‘This being the terminus of the lake trade vessels lighten here, «vid when in need of repairs naturally seek the nearest port where they can be accommodated. We have then on the one hand the want of a drydock and on the other an army of conviets in need of em- ployment. Why cannot these factors be brought together with a double gain? Ports- mouth would willingly furnish all the land required fora dock 3800 feet tong sud seveuty= five feet wides the governinent might con- struct such a work by couviet labor and then lease it by tender or public anetion for twenty years, and thus derive an annual revenue from it. We venture to bring the matter before the moties ot of the departments as ble project.— Wingston the warden and o feasible and desirn. News, \ ‘ nue, A BUREAU OF NAVIGATION. The shipping question has evidently no attraction fer the Administration. It appar- ently offers litle chance for making politi- cal capital. It certainly got but scant treat- ment in the Presidential message and the repor.cs made to the Forty eighth Congress, The President must have thought it either a subject upon which it would be better not tohazar dan opinion, or else one beneath his notice, for he left it endirely tor the Secre- tary of the ‘Treasury to report upon. That gentleman, among a lot of platitudes, did make one sensible suggestion concerning our navigation interests, and it is one which every bedy connected with our shipping will heartily endorse. Mr. Folger says: ‘It would facilitate the solution of questions of the character above presented (shipping matters) if there were established in the ‘Treasury Department a bureau of naviga- tion, whose function it should be to super- vise that interest, make a study of its needs, observe its decline or increase, and recom- mend trom iime: to time such measures as would keep it in a state of progress parallel with the general advancement of the country.”? I'here is no doubt of this, Such a bureau has long been needed, for it is very well known that the Treasury Department does not. give that close attention to marine interests which it should do, The Secretary of the ‘Treasury has charge of nearly all governmental work, relating to our shipping interests. This work is great and varied inextent. It is divided among many bureaus, having nothing in common, independent of exch other and to a great ex- tent having little or no interest in the work. The bureau officials, like most government oflidials generally, seem impressed with the idea that the interests of the Government demand a more or less hostile attitude on their part toward that portion of the repub- lie brought into official relations with them, and as far as possible they determine all contested questions: invariably against this public. ‘These officials have as their chief a Secretary who is generally wholly unac- quainted) with shipping affairs and most of whose time is devoted to tipance and rev- Each bureau is almost despotic in its own province and there is no one between it and the Secretary. All the: knowledge the Secretary obtains is from the heads of each bureau and most of the suggestions made by . him emanate from these division chiefs who too often yiew their work in an extremely narrow spirit.. Bureau work may be well done, but it is.generally in a perfunctury manner, and beyond protection of Govern- ment interests nothing more is attempted. The interests which the bureau was estab- lished to protect are entirely forgotten and that official who takes. personal interest ii hie work and endeavors to carry out the principles involved, finds little help or sym- pathy among his fellows. There is no one to see that the several bureaus, really having a work in common, perform that work asa whole and in such a way that shipping in- terests are served and Government in- terests protected. As a consequence the work bears unduly hard upon navigation in- terests and these bureaus seldom, if ever, make any suggestion—which their experi- ence and close contact with shipping matters - ought to bring—that is at all beneficial to our merchant murine, They are not well harnessed together and need a . directing hand. Red tape and increasing triction fol low as the natural results. It is impossible for the Secretary of the Treasury himself to look more closely into this work. His department is already too unwieldy and he cannot find the time for all its details, There is really work enough here for two departments, but as the pros- pects for the creation of another department seem poor at present, it “would only be act- ing justly towards shipping interests to con- solidate ail the navigation work of the ‘Treasury into one bureau under a respousi- ble chief, who will manage work properly and report to the Secretary. This bureau ean be sub-divided into as many divisions as the exigencies of the service may require. Each sub-division will have its chief who van control the routine work, but each one being subordinate to the one chief of bureau, shipping men will have some one to go to who will understand their wants: and) who will be prepared to make the bureau a bene- fit, instead of an obstacle to our navigation interests. Under such an arrangement there should be a consolidation of bureaus, which Villdo awny with many unnecessary oili- cials and which willmake the work progress with less friction. Shipping men will be better satisfied and the Government inter- ests will be better served. Many valuable suggestions which are now made in vain, be+ ‘ause there is no one fo receive and report upon them, would then receive a tention. Official work of an obstructive and unneces- sary cha ‘ter would not oceur, and a bu- reau of navigation could then help materi- ally to advance the welfare of our shipping oy studying its needs, and as Secretary Fol- |¥er says, by recommending “from time to lime such measnres as would keep it ina state of progress parallel with the general advancement of the country2’— Maritime Register. . During the past summer the Thunder Bay River Boom Company has delivered to the various lamber and shingte mills in Alpena 1215.37) pine saw jogs, which sealed 151,- 111,900 feet of board measure. 4