Page:Federal Reporter, 1st Series, Volume 6.djvu/313

 the schoonbb jepfebson bobden. 301 �Ihe Schooneb Teffebson Bobdek. �(District Court, D. Bdaware. February 19, 1881.) �1. ADMIRAIiTT JUBISDICTION— U. 8. COMMISSIONBB— RbT. 8t. § 4546. �In the absence of the district judge from his place of residence, •where the same is within three miles of the place where a vessel is moored, the jurisdiction conferred upon him by section 4646, U. 8. Revised Statutes, may be exercised by a United States commissioner. �2. Samb— Same— Samb. �He should satiafy himself of the absence of the district judge from his place of residence, and, having once assumed jurisdiction, the court will not go behind his certiflcate of " probable cause," but will assume that, as he is acting as a public offlcer, the principle, " omnia prœsumuntur.esse acta rite," will apply to his conduct, and that he has not usurped jurisdiction that does not belong to him. �3. SeAMEN — WaGES — DiSOHABaB. �Seamen not allowed wages upon days when they wrongfully refuse to work or obey orders. What facts will constltute a discharge of seamen. �In Admiralty. �In the matter of seamen's wages, for which a libel has heen filed and proceedings iaken in this court against the schooner Jefferson Borden. �John C. Patterson and Charles O. Rumford, for libellants. �William G. Spruance, for respondent. �Bradfobd, D. J. This case was certified into this court by S. Eodmond Smith, a United States commissioner for this district, under the provisions of section 4546 of the Eevised Statutes of the United States. I do not agree to the propo- sition of the counsel for the respondent, that the United States commissioner was guilty of usurpation of authority in hearing this case. While by the terms of the act of congress the district judge of the United States for the judi- cial district where the vessel is, is primarily charged with the duty of hearing these cases if his residence be within three miles from the place where the vessel is; yet, if he be absent from his place of residence, jurisdiction is without doubt given by the act of congress to any commissioner of the ��� �