Page:Federal Reporter, 1st Series, Volume 6.djvu/314

 302 FEDERAL REPORTER. �circuit court in the district to hear and dispose of the case in the manner pointed out by law. It is true, the commissioner is bound to inform himself of the absence of the judge from his place of residence, but the court will not go behind his certiiicate in that matter. Indeed, the court is not certain that the certificate of the commissioner should show affirma- tively the absence of the judge from his residence. It does not appear in the form prepared by Benedict, now a distin- guished admiralty judge, and formerly a United States com- missioner ; and it would further appear that this being the action of a United States officiai, that the maxim omnia prœ- sumuntur esse acta rite should apply to his action. In point of practice these cases are almost universally tried before a United States commissioner, and not before the judges. In a maritime district the volume of this class of business re- quiring summary disposition is so great, if this duty was put on the judge it -would seriously interfere with the proper discharge of more important ones. I have said thus much to relieve the United States commissioner from the implied censure in the remarks of the defendant's proctor. �1. The only practical question for the consideration of the court is, are these libellants entitled to any, and if any, what wages ? �2. And to determine this question it becomes necessary to settle another one, and that is, were these libellants unjustly and improperly discharged from the ship ? �It is denied by the respondent that these seamen were dis- charged at ail. He swears that they lef t against his wishes ; that by prolonged absence they became, in contemplation of law, deserters, and he actually took proceedings to have them arrested as such. The four libellants ail unite in swearing that they were discharged, or that they were ordered to go ashore. And they are corroborated in this statement by the oaths of three stevedores, impartial witnesses, working at the time on or near the Jefferson Borden. So that if oath is to be placed against oath, the court would have to believe the libellants' story the true one. But there is no such rule of ��� �