Page:Federal Reporter, 1st Series, Volume 6.djvu/554

 542 FBDKBAL BEPOkTER. �■westein waters, fell baok upon the custom of the western fleet to have oiie-half of the cateh at the selling ptice.'but I am of opinioii -that as for Maine- fishing they received a tariff rate established by the owners. So the general idea was that they were to receive for western fishing their half, at a tariii rate fixed by the owners. This, I think, Was the general, not the universal, idea of the crews, although it is diffi- cult to ascertain the exact idea which they had. The old custom in the western fishery, and the fact that cire ws of east- em fleets were shipped in or near New London, and fished nowin one and now in the other fleet, and the recent change with reepect to western fishing by eastem fiahermen, have made this disputed question not easy of solution. Here again, as I have already said respecting the customs of the western fleet, the subterfuge in regard to nominal and real priees has confused the matter of wages, and bas given etrong occasion to some of the seamen to believe that they were being imposed upon. In some cases it was understood by the eastern sailors before they started what the contract price was and would be-j and, in these cases, there was no misunderstanding. �The S. L. Goodal is a steam vessel, and has always belonged to the eastern fleet. Her owners live in Groton, Connecticut, but have a factory in Maine, to which the Goodal delivers her eastern fish. The crew were shipped under no special contract, but under the custom of the business. The vessel was employed in fishing, as usual, in western waters, during the last part of April and in May. Payn, Higgins & Go., of Long Island, bought most of the catch at 42 cents per barrel, and the men were paid at the rate of 25 cents per barrel, which was the established price for seamen during that spring. The vessel went to Maine in June, was absent two weeks, and, like ail other vessels, caught no fish. There were no fish off the coast of Maine during that seasbn. Like many other vessels of the eastern fleet, she returned to west- ern waters about July 3d, and there fished till about the middle of November. The fish were sold to the same pur- «hasers at the same price, and the libellants were paid at ��� �