Page:Federal Reporter, 1st Series, Volume 7.djvu/698

 686 PBDEBAIi BBPOBTEB. �^•IthQugh the amount involved is not large, the principle in question is important, especially upon our northern lakes and riyers, where many voyages undertaken in the fall are liable to be delayed, by the close of navigation, until the ensuing spring. �This case does not come within the rule applicable to voy- ages which are abandoned and broken up by reason of ship- wreok, or such marine disaster as makes the completion of the voyage impossible, because the intervention of winter weather, which pompels the master to lay up his vessel at an intermediate port, only delays the voyage until the opening of navigation in the ensuing season, when it may be resumed and completed. It is also admitted that the rate of sea- men's wages, for voyages undertaken late in the fall on our lakes, is much higher than for similar services in the spring. Under these circumstances it seems to me that the court should hold a contract like the one now before us to be made by both parties in view of the contingency that it is liable to terminate, by the closing of navigation from the inclemency of the weather, before the completion of the voyage. It is a contract for the voyage from the port of departure to the port of destination, if it can be completed that season. If the season closes by the setting in of winter weather, so as to make the further prosecution of the voyage unsafe for life or property, then the master must have the right to lay up his vessel at any intermediate port of safety, and to discharge his crew, because to be compelled to pay full wages during the entire winter, and until the completion of the voyage in the spring, might not only consume the entire earnings of the voyage, but even leave the vessel burdened with debt. If the master cannot terminate the contract with his men on some equitable terms when he is compelled to lay up his vessel, he would be tempted to take too great risks in pursu- ing and attempting to complete the voyage, and thereby endanger not only the lives of his men, but the property in his charge, merely because he was under so heavy an obliga- tion to his men if he must either get them to their place of ��� �