The Richard Matt
District Court, N.D. Illinois
In admiralty. The libellants shipped, under the usual articles, on the 12th of October, 1863, for a trip from Chicago to Oconto, Oreen Bay, Wisconsin, and back at $2.25 per day. The schooner arrived at Oconto on the 17th of October, in the evening, and anchored at some distance from the shore. The next day was Sunday.
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In admiralty. The libellants shipped, under the usual articles, on the 12th of October, 1863, for a trip from Chicago to Oconto, Oreen Bay, Wisconsin, and back at $2.25 per day. The schooner arrived at Oconto on the 17th of October, in the evening, and anchored at some distance from the shore. The next day was Sunday. About 2 o’clock in the afternoon, the captain ordered the crew to hoist some pork which was in the hold, preparatory to being unloaded in scows the next morning. The men refused to work unless they were allowed double pay. This the captain declined to give, and no work was done.…
1Opinion of the Court
DRUMMOND, District Judge.
I think the men had no right to refuse to obey the orders of the captain. The vessel was not in a safe place, but was at anchorage, where there was more or less danger in case of a change of weather, and the double pay for Sunday’s work cannot be considered a part of the contract under which these men shipped. The very fact that the men demanded double pay, and consented to go to work if double pay was given, shows they did not understand it as a part of the contract, but simply claimed it because they were at Oconto, where, it was alleged, the custom was, if they…
2Cited by2 opinions
- Pearson v. The AlsalfaDistrict Court, D. South Carolina · 1890
- Smith v. The Schooner J. C. KingDistrict Court, W.D. Pennsylvania · 1880