Page:Federal Reporter, 1st Series, Volume 6.djvu/327

 OLSEN V. SCHOONER EDWIN POBT. 315 �Bradford, D. J. The libellants were shipped on board said Bchooner at the port of Philadelphia, on the Delaware, thence "bound ffom said port to the Delaware break-water, and waters tributary to the Delaware river and coast of Mary- land and New Jersey, to be engagea in wrecking, and back to Philadelphia, for a term of six months," as set forth in the fihipping articles produced in evidence. It appears from the ev- idence they were ail foreigners, and but imperfectly acquainted with the English language, and could neither read nor write the same. It also further appears by the evidence of the ship- ping master, Wilson, and by the testimony of the respondent Lubker himself, that the articles were explained to the men by said Lubker and Wilson to be a contract to pay wages for the term of six months, for working on said vessel in the business in which she was engaged; that is, wrecking in and about the harbor of Lewes, at the entranoe of Delaware bay. �It is in evidence that the vessel never did in fact return to Philadelphia, and that ail these seamen performed their duty faithfully for more than a period of six months; and that, after making several unsuccessful demands for their wages, finally left her in winter quarterg, and in a place of safety, selected by the master of the schooner. �The respondents, however, claim that no wages whatever are due under the shipping articles until the voyage for which they shipped is completed by the arrivai of the vessel at the port of Philadelphia, after six months from the date of ship- ment of the crew; and, further, that they had forfeited their wages by misconduct in opening a box of the master and taking three bottles of beer without leave ; and, further, by leaving the ship in a position of danger and peril without the permission of the master. �The authorities cited by the respondent no doubt establish the position of the necessity of the completion of the voyage for which the seaman is shipped, as a condition precedent for the payment of the full wages due, unless the seaman is nnjustly discharged by the master during the interim. There is no doubt of the applicability of this law to vessels carrying ��� �