THOMPSON, MASTER AND CLAIMANT OF THE STEAMSHIP "WESTMEATH," &C.,
v.
LUCAS ET AL.

U.S. | 1920-03-29
No. 391
252 U.S. 358 Supreme Court of the United States (1920) Positive Treatment
Also reported at: 64 L. Ed. 612 · 40 S. Ct. 353 · 1920 U.S. LEXIS 1562 · SCDB 1919-113
Cited by 11 cases

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Synopsis

Crew members of the British steamship Westmeath demanded one-half wages under the Seamen's Act of 1915 after the vessel arrived in New York, and the shipowner refused, claiming the crew had deserted. The Supreme Court affirmed the lower courts' decisions that the crew was entitled to recover under the statute, applying the same constitutional and statutory principles it had established in a related case decided the same day, with the only distinction being that the wage demand in this case was made more than five days after the vessel's arrival in a United States port.

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Opinion of the Court
Mr. Justice Day

Mr. Justice Day delivered the opinion of the court.

This case was argued at the same time as Number 373, just decided, ante, 348. In this case the libellants shipped as part of the crew of the British Steamer Westmeath for a voyage not to exceed one year, before the expiration of which time the vessel arrived in the harbor of New York, where she loaded and discharged cargo. A demand was made for one-half wages under § 4 of the Seamen’s Act of 1915. The demand was refused, and an action was begun for full wages. . A defense was set up that the libellants were deserters, and, therefore, not entitled to recover. The District Court and the Circuit Court of Appeals held that the libellants’ case was made out under the statute. 258 Fed. Rep. 446. The case is controlled by principles which governed the disposition of No.

373. The difference being that it appears in this case that demand was made more than five days after the vessel had arrived in the United States port. In all other respects as to the constitutionality and construction of the statute our judgment in the former case is controlling. It follows that the decree of the Circuit Court of Appeals must be affirmed. .

Affirmed.

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Citator

Cited By

  • Rector v. United States, 20 F.2d 845 (8th Cir. 1927)
    …lopment of the property, the court had large choice of the method and means of doing so. For example, it could have elothed its receiver with power to and have ordered him to prosecute such development himself. Oklahoma v. Texas, 252 U. S. 373, 374, 40 S. Ct. 353, 64 L. Ed. 619; Id., 253 U. S. 465 and 469, 40 S. Ct. 580, 64 L. Ed. 1015, 1017; Id., 256 U. S. 602, 41 S. Ct. 539, 65 L. Ed. 1114. It could have conditioned such development upon advance of the expenses by the existing lessee (Oklahoma v. Texas, 2…
  • Kosutic Velidor v. L/P/G Benghazi, 653 F.2d 812 (3d Cir. 1981)
    …S. § 4529. . The constitutionality of extending the Seaman’s Act to foreign ships and foreign seamen was settled in Strathearn S.S. Co. v. Dillon, 252 U.S. 348, 40 S.Ct. 350, 64 L.Ed. 607 (1920), and its companion case. The Westmeath, 252 U.S. 358, 40 S.Ct. 353, 64 L.Ed. 612 (1920), aff’g, 258 F. 446 (2d Cir. 1919). In Strathearn a British subject shipped on a British vessel under a contract executed in Britain that called for all wages to be paid at the end of the three year voyage. While the ship was doc…
  • West v. Work (D.D.C. 1926)
    …rogress of this suit it_became apparent that much litigation would be avoided by a settlement of conflicting titles therein. Therefore, as stated by appellant in his bill, the United States was permitted to intervene by order entered March 29, 1920. 40 S. Ct. 353, 252 U. S. 372, 64 L. Ed. 619. A general order was also entered in the same matter June 7, 1920, permitting all persons having any claims of any kind to any of the lands in the bed of said Red river to intervene. 40 S. Ct. 580, 253 U. S. 471, 64 L.…

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