Page:Federal Reporter, 1st Series, Volume 3.djvu/657

 630 FEDEBA^Ii BBf OBTEa. �MooEE V. Neafib ànd otliers. �Eton ». The Tua Mary J. Finn, etc. �(District Gvwrt, 8. D. Neu) York. July 21, 1880.) �1. Sbamen— Wages — STEAM-Ttra Sbkvice— Usage. — An established usage of a certain port, by which handa employed in the steam-tug service, at a certain rate of wages per montli, are authorized to leave at any time, and their employers are permitted to discharge tliem at any time, and who, in eitlier case, are paid up to the time of their leaving or their discharge, is neither injurious to the interests of commerce, unreasonable, nor contrary to the positive rule of law. �Alexander e Ash, for libellants. �W. B. Beebe, for respondents. �Choatb, D. J. These are suite for wagea, bronght by sea- men who served on the steam-tug Mary J. Finn. They were employed at a certain rate of wages per month, and not for any definite period of time, unless such mode of employment implies a definite time of service. The course of business between the parties was to bave a settlement on or up to the last day of each month. The last settlement was up to the end of April, 1880. On the fifteenth of May the respondents discharged the orew without assigning any cause. They now claim their wages up to the end of May. Eespondents have tendered them their wages up to and including the day they were discharged. �Independently of any usage affecting the question, the libellants would be entitled to recover. The Iludson, Ole. 396. But the testimony in this case is fuU and conclusive that in this steam-tug service in this port the established usage is that the hands employed in this mode leave at any time, and that their employers discharge them at any time during the month, and in either case are paid up to the time of their leaving or their discharge. �It is argued that this usage is injurious to the interests of commerce, unreasonable, and contrary to the positive rule of law, and on these grounds void. It is urged that the seamen may leave at a moment of danger, and so that the interests ����