Page:Federal Reporter, 1st Series, Volume 3.djvu/310

 SMITH V. SCHOONEB J. 0.' KIMiï. 808 �we are wanted in loading." The fleet reaehed Frankfort on the morning of Friday, June 20th, when the Orgarita and King went inside the harbor for the purpose of loading with lumber. The Davidson, however, on account of an insuffi- ciency of water in the harbor, was oompelled to remain out- side in the lake. At the close of the day's work on Saturday evening the Orgarita was loaded to nine feet, which was ail the water the harbor would allow, and it beoame neoessary to finish on their load by putting it on the King, to be transferred at a proper poiïit. On Sunday morning, after breakfast, about 7 o'clock, the crews of the Orgarita and King, and part of the crew of the Davidson, were ordered to load the King with lumber to complete the cargo of the Orgarita. This order was promptly obeyed by ail the men except four of the crew of the King, one of whom was the libellant. These four men deelined to work. At first persuasion was tried to induce them to obey. They were informed that there would only be about six hours* work, and then they would bave a rest of 30 hours, until the vessel got down to tb# atraits at Cheboygan. Captain Sharkey, the master of the TSMg, ordered them to go to work, but they positively refused. He then informed them they must either go to work or go ashore. They chose the latter course and quit the vessel. �The libellant contends that he had a right to refuse to load the King because it was Sunday ; that the order to work or go ashore was virtually an expulsion from the schooner, and this without proper justification; and he sues for his wages for the whole voyage, and his travelling and other expenBes;"^ �The testimony for the libellant shows "that Frankfort is a land-locked harbor, and vessels are perfeotly safe the!re in ail kinds of weather." So far, then, as the schooners Orgarita and King are concemed, it may be conceded (especially in view of the Michigan Sunday law) that there was no necessity to justify the Sunday labor required of the appellant. But the steam barge Davidson was not able to enter the harbor. She lay loaded with a cargo of grain, out in the open lake, awaiting her tow — the two schooners. Her safety was to be considered. While the lake was not then "very rough," it ����