Page:Federal Reporter, 1st Series, Volume 6.djvu/552

 540 FSDEBAIi BBPOBTEB. �be no sale of the fish, so that the price of the fish, as between the owuers and seamen, began to be established by an agree- ment, or by common consent among the leading factory owners. This priee was net necessarily the same as the market value of the fish, but was what the owners thought tbey could afford to pay. In 1872 or 1873 the use of steam- ers commenced, and, in the absence of a special contract, the custom was that the owners were to receive one-half and the crew were to receive one-half of the price for which the fisii were sold. The steamers were much more expensive than sailing vessels, and required an expensive outfit of coal. The owners found that if this rule of payment was literally obeyed the business would be a losing one, The factory owners, who also owned steam-vessels, continued to establish a price at which they settled with their crews, and after 1876, at the beginning of the season, both nominal and real priees were also established, at which the factories bought of the owners of steamers who were not interested in the factories. The nom- inal and lesser priee waa the pretended price of the fish, at which settlements were made with the crews, The real pries included an addition of bonus for the captain and of a bonus for the owners. Thus, if the real price was 40 cents per bar- rel, the nominal price would be 25 cents, with a bonus of five cents to the captain, and of 10 cents to the owners, and the owners settled with the crew by the payment of 12 J cents per barrel. This practice has been common since 1876. This subterfuge is the cause of much of the confusion of testimony in this case. The custom of the business required that the crews of steam-vessels should receive half the actual price of the fish. The fact is, they have been receiving half of the fic- titious price of the fish. As the case of the libellants does not relate to the western fleet. I express no opinion upon the propriety or unreasonableness of this attempted alteration of the established custom, except to say that this plan of nomi- nal and real priees tends to create misunderstanding, dissat- isfaction, and litigation. �3. The custom of the business in the eastem fleet. �The well-established and universally-admitted custom of ��� �