Page:The Green Bag (1889–1914), Volume 16.pdf/638

 Fishermen and the Law. of those whose services he has been deprived of by desertion or casualty, who must be of the same grade or rating and equally expert with those whose place or position they re fill." Now the contract which the master of a fishing vessel makes with the fisherman, makes no stipulation as to a monthly wage; it is agreed that the fisherman shall receive an individual share of the profits of the sale p? the fish caught on the trip; that is, the net profit after the expenses are deducted, and the owners' share is also taken out, so that the outfit and provisions are all sup plied by the owner, and these are charged up against the general account and deducted as expenses for the running of the vessel. Now if the trip should prove unsuccessful, as sometimes happens, instead of having any money due to them for their services, the members of the crew will be in debt to the owner. So we see the fisherman's life is a precarious one, and his share of the profits at the end of the voyage depends altogether on the amount of fish taken; and, of course, incidentally this is an incentive to concerted action and master and crew work with will ing hands to get the biggest "take" possible, and get their cargo to market in the shortest possible time; the scale of provisions provid ed for on board American vessels does not apply to fishing or whaling vessels. Of course this would be explained to a certain extent, by showing that the sailors and cap tain on board of a fishing schooner are more or less co-partners, with the exception of a certain percentage which the captain re ceives from the owner of the vessel—other wise he shares alike with the seamen. So that the provisions being charged to the gen eral account, and everyone being interested, there is rarely, if ever, any cause for com plaint in the matter of food supplies on fish ing schooners. The provision in the Federal statute against undermanning does not apply

to fishing schooners or vessels of any kind in the fishing trade. The laws in relation to deserters are prac tically the same as on board all other vessels, the penalty being forfeiture of all clothing and effects, and all pay earned up to date, and, of course, in the fishing trade, a for feiture of any share of any public allowance which may be paid as the result of the voyage. One salient feature which marks a great difference is the different law in regard to the master's lien on the vessel in shipping on fishing vessels and in all other kinds. In the merchant marine, of course, the doctrine is a cardinal one, in regard to the wages of the seaman: he is the ward of the admiralty courts, and from time immemorial the learned judges sitting therein, in England and America, have promulgated this wellknown doctrine: that the seaman's claim is regarded as a first lien on the vessel, which "adheres to it as long as a plank is left afloat;" hence, the greatest protection is given to the seaman, and the courts mind ful of the proverbially careless happy-golucky character of the sailor, and his ignor ance of business affairs such as shipping articles and the like, have examined with great care these contracts for seamen's wages, so as to safeguard the poor unwary seaman from the malicious designs of con niving, unscrupulous skippers, who would prey upon his credulity and ignorance. Who would seem to have the greatest reason to be entitled to more consideration than the seamen? We may well answer, the captain. He is the responsible party; his watchful eye has to see everything; the whole manage ment of the vessel, and her best interests are intrusted to his control; and on his efficiency depends, in a great measure, the success of the voyage; when the storm is raging, and all the elements combined seem to make a terrific onslaught on the doomed vessel, and