Page:Federal Reporter, 1st Series, Volume 6.djvu/551

 THE S.,-L, GOODAL. 539 �The Si L. Goodal. �, . [District Court, D. Connecticut. April 8, 1881.) 1. Mbneadbn or White-Fish Fhhert— Sbambn's Wages— Costom �Andrew C. lAppitt, for libellants. �Thomas M. Wallcr, for owners. �Shipman, D. J. This is' a libel in rem to recover the amount «.lleged to be due the libellants for services as seaiaen on board the fishing steamer S. L. Goodal during the aummer andfall of 1879. The controversy relates to the wages of seamen, by «ustom, in the menhaden or white-ush iishery. The.men- haden fishery commenced along the coast of Connecticut and Ehode Island at least 35 years ago. Vessels -which fish ex- clusively in the waters near Long Island, Connecticut, and Ehode Island are called the western fleet, and those waters are called western waters. "Vessels which fish off the coast of Maine are called the eastern fleet, and are said to fish in eastern waters. The customs of the business respecting the wages of seamen differ in eastern and western fleets except that universally the crews pay for their board and the oooks' wages and board. �1. The custom of the business upon western vessels. �When the business started, some 35 or 40 years ago, it was oarried on solely by sailing vessels, and the fish were sold to the farmers on the coast. Fish-oil factories, for the conversion of fish into fertilizers, were unknown. The uni- form rule, in the absence of special contraot, was that the owners were to receive one-third and the master and crew were to receive two-thirds of the catch ; and this meant two- thirds of the price at which the fish were sold. The outfit of seines, barrels, sait, etc., was provided by the vessel. In process of time fish-oil factories were erected by companies who also owned vessels, and these factories were the only consumers of the fish. Nearly ail the sailing vessels were now owned or chartered by the faetory owners. The owners of the vessels and of the factories being the same, there could ��� �