1929-01-28 — Page 4

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SHIPPING

ACTION AGAINST STEAMSHIP CO.

THE FINDING

The Liverpo Stipendiary Magistrate (Mr. Stuart Deacon) gave judgment in the case in which a marine fireman named John Harper sued a Liverpool steamship company for £1 wages which, he claimed, he had been underpaid in respect of a voyage from June to October 1928.

SECTION.

ed to the same board. Harper was a member of the National Sea- men's Union, which was affiliated to the National Maritime Board, although he appeared to have been in some arrears of subscrip- tlons. Harper signed a form

which purported to have been signed by one who was presum- ably an official of the union, and on the same day as the form was signed Harper signed articles,

did not appear to call for com copy of which was produced, and

ment.

facts as I find them. I have heard what Harper says, and the my mind by Impression left on that, and the inference from the preceding events, is that when he signed the master's book on Oct. 19, he then Intended to agree and did agree that the sum of one pound should be treated as a de duetion then made from his wages or that such then accrued due, sum so dediicted should be held and retained by the master for the purpose of the payment there- after of Harper's contribution or subscription to the Union."

it

по леж that it

con-

Finding for Defendants "With regard to the agreement is contended on behalf of Harper that there was. agreement on Oct. 19; was not a further transaction, but merely A book-keeping sequence of what had happened on June 18, and that Harper sign- ed the master's book bellaving st the time that the deduction may be subject to correction when he was being signed off at Liverpool. can only say that that is not my view of Harper's evidence as to his action on Oct. 19. He told

"Harper states," sald the Stipendiary, "that he declined to Mr. Maxwell Fyfe (instructed by Mr. E. Lynskey) appeared for sign for the reduction of the si, but would see further into it, and Harper, and Mr. R. J. White (onses if he could get to know any the instructions of Mr. Frank thing further about it, and that Daphne) represented the defen-he might sign it when the ship dants, who were stated to be back-left London. During the voyage ed by the National Seamen's there were various advances from us that he had had his attention Union. Mr. S. S. Silverman his wages, for which Harper sign-called to the matter before, and watched the case on behalf of ined in the master's book,"

therefore he had taken plenty of terested partion.

At a previous hearing it had been intimated that the Transport and General Workers' Union were not at the back of Harper in his

It only remained to add that time to consider his position be the El representing Harper's sub-fore finally deciding to agree to scription, the point of contention and sign for the deduction." in the case, was paid over by the master, or the defendants, or at any rate received by the National Seamen's Union.

ed after the articles and I do so regard it."

It was argued in the course of the hearing that such an assign- ment of wages was expressly stat-

His Worship added that another the master on Oct. 19 could only contention for Harper Was that

be regarded as Harper's agent and not the agent of the union, and that therefore Harper could re- voke his agercy at any time be fore the £1 was paid over to the union.. He considered that the the union just as much as for the master was acting as agent for

·Beaman, '

re-

MOVEMENTS OF STEAMERS.

MONDAY, JANUARY 28, 1929.

PACIFIC

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via CANADA

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to Europe and dispose of all the troublesome details that usually arise out of a 10,000 mile overseas journey.

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CANADIAN PACIFIC

Next sailing to the Pacific Coast S.S. "EMPRESS OF FRANCE"

FEBRUARY 13th, 1929. GREATEST TRAVEL SYSTEM

WORLD'S

BRITISH WUCHOW LINE

claim for balance of wages.

The facts of the case, as adduc- ed at earlier sittings of the Court

Having reviewed the facts his were that on securing employment Worship said: "To the recital of on the vessel complainant was these facts I must add that I am met by an official of the National satisfied, and find that it was and Seamen's Union, who asked him to always has been the intention of sign a direction, which consisted the parties concerned in this case, of a contribution form authorising that the contribution form signed the managers of the firm who em by Harper on June 18, should be ployed him to pay out of his wages

treated and regarded as a docu-

He found that Harper did enter El to the union. He signed the ment signed by him after and not into a binding agreement on Oct. direction, but during the voyage before he signed on the articles, 19, and he did not agree with the to and from the West Indies he

of the vessel, and this I think is proposition that he could objected to the payment of the

the more evident because he sign-pudiate it afterwards. He there:

fore found for defendants and pound, and his protest was reed as a member of the crew.' I

claim, disallowing peated when he was signing off. think, therefore, the court ought dismissed the As a result of his objection the to regard it as having been sign- an application by Mr. White for

costs, signing off took place at the Board of Trade offices in Canning place, Liverpool. Although he still ob-

A new economical way to spend a jected he signed. In the course

The C.P.S. R.M:S. "Empress of Wuch ww and back.

short summer holiday. Take a trip to of his evidence, Harper said he

Only requires joined the Transport and Generaled by the provisions of the Mer-Russia" from Hong Kong on Jan. 9, four Inys. Sce all the sights of the West River. It costs you only $38.40 Workers' Union a week after he chant Shipping Act of 1894 not arrived at Vancouver on Jan. 26, left the Logician.

The American Mail liner "Presi-and can be done in five days. Your to bind the person making the

||budget:-- dent Grant" will leave to-morrow At the last hearing there were same, and that consequently

Passage for round trip .$20.00 at noon for San Francisco and Los long legal arguments as to whe-Harper was at liberty at any ther the complainant had a right time to revoke or vold the same, to revoke the direction which he or at any rate before it was act- had signed..

ed upon. It was argued on When the Stipendiary WAS Harper's behalf that he could about to deliver his judgment,

now claim the one pound from Mr. White said Mr. Maxwell Fyffe the defendants

as an improper had pointed out to him that ap-deduction from his wages. parently there was no power to atate a case in the ordinary way.

schedule, will arrive here from That being so, although, of course,

"Now," declared the Stipendiary, The C.P.S. R.M.S. "Empress of Shanghai at Noon to-morrow. neither of them know what the "if it were not for the fact that Asia" arrived at Nagasaki yester-This steamer will all from this decision would be, they both wish Harper signed the master's book day at 3.30 pm. left Nagasaki port for Manila at 2 a.m. on ed that the decision might be on Oct. 19 for the deduction of to-day at 4 a.m., and is due at Wednesday. Homobound, sho will

one case stated, the given subject to a

pound subscription Kobe to-morrow at 6 a.m.

sail as per schedule, Feb. 5.- which would enable the case, to In should be inclined to say, follow- The P. & O. s.s. "Allpore" left The Ben Line 8.8. "Bontedi" from

Dunkirk, taken to another Court, if neces- ing the interpretation by Mr. Shanghal for this port on Jan. 26 Middlesbro',

Antwerp. Justice Channell, that this was a at noon, and is due here to-morrow London, Straits and Philippines, is correct view of the position, upon at about 6 pm.

due to arrive here on Feb. 6.

The C.P.S. R.M.S. "Empress of Australia" (R./W. Cruise) left Colombo on Thursday at 6 pmp, le due at Batavia to-morrow at 6 am. and at Hong Kong on Feb. 18 at am.

sary.

.

Following a long discussion as

Effect of Signing

Angeles, via Shanghai, Japan and Honolulu,

The B.I. s.8. "Santhia" left Kobe

for this port on Thursday morning,, and is due here this afternoon.

The B.I. 8.5.

Takada" left Singapore for this port last Wednes- day afternoon, and is due here to- morrow afternoon,

Meals on board Lodging on board

Total

L. 16,40

2.09

$38.40

Why not make a trial? The cuisine is excellent and the accommodation comfortable; once you try you will re- commend it to others.

JANUARY SAILINGS,

DEPARTURE HOURS:

Hong Kong 5.30 p.m. Wuchow 2.00 p.m. 8.8. "TAI HING”

[1,008 tons-Capt. O. B. Will

THURS. 31st

JANUARY.

8.8. "TAI MING"

1049 tons-Capt. G. J. Spink,}

MON. 28th JANUARY.

For information apply to

KWONG WING

87, Connaught Road West, Phone: Central 899.

Co.

S.S. "City of Guildford," from New York, March 2.

5.5. "Roseric," from New York, March 2.

Sallings From Hong Kong S.S. "Poleric," Saigon, Feb. 3. 9.8. "City of Madras," London, Rotterdam and Hamburg, Feb. 9. S.S. "Myrtlebank," Boston, New York and Baltimore, Feb. 15.

S.S. "City of Khartoum," Shang- hai and Japan ports, Feb. 25.

to whether there was any power the ground that the contribution The E, & A. s.s. "Arafura" left to state a case, counsel on both form was revoked by Harper be-Moji for this port on Friday after sides agreed that it was a mat-fore it was acted upon on Nov. noon, and is due here on Wednesday ter for the discretion of the [5 and because I think that the morning.

The trials of the new No. 5 Police magistrate, and his Worship said contribution form to be regarded The F. & O. 8.8. "Macedonia" left

Launch, built at Messrs. Bailey's under the circumstances, if it as having been signed after the Singapore for this part yesterday

yard, were carried out on Friday rested with him, he would not signing of the articles was an as- at 9 am with the outward Eng- Projected arrivals at and depar- and proved satisfactory. Among refer it, because the claim did signment within the meaning of the liah Malls, and is due here on Jan. tures from Hong Kong of steam- those on board were Hon. Mr. not seem to him to be of suf-section. Harper, however, signed 31 at about 4 p.m.

era under the management of the E.D.D. Wolfe, C.S.P., Mr. D. Bur- cient magnitude.

the master's book for the deduc- The M.V. "Nippon" (Swedish Bank Line, Ltd., are as follows:-lingham, A.S.P., the Deputy Har tion of the £1 and it is necessary East Asiatic Co., Ltd.), left Dun-

Arrivals at Hong Kong bour Master, Mr. Hosegood, Mr. W. to consider what was the effect kirk on Dec. 24, and is due here. 3.S. "Poleric," from New York, Balley and members of the techni of this action on his part.

on or about Jan, 31.

Feb. 1.

cal staff of the builders. Captain "Although Harper's action in The Dollar Liner "President S.S. "City of Khartoum," from Skinner of Messrs. Jardine,

one day behind Europe, Feb. 24.

Matheson was in charge. thus agreeing to and signing for Lincoln being

The Judgment After reviewing the evidence in the case, the Stipendiary said the defendants, who were owners of

the steamer concerned, belonged to, or at any rate observed the rules of the National Maritime Board,

and under the conditions and rules of the board it was necessary that a man who wished to be en- gaged as a member of the crew of a ship belonging to owners such as the defendants, should be a member of a trade union affiliat-

-DRY DOCK-

Length 787 Feet, Length on Blocks, 750 Feet,

THE TAIKOO DOCKYARD & ENGINEERING COMPANY

OF

HONGKONG, LIMITED.

Tel. Address: “TAIKOODOCK,” HONG KONG. Telephone: Central No. 212,

Call Flag: “C” over “ ANS, PENNANT.”

-Depth on Centre of SII (H.W.O.S.T.) 34 ft. 8 ins.

THREE SLIPWAYS---

Capable of Handling Ships Up

to 3,000 Tons Displacement. Electric Crane at Sea Wall, Capable of Lifting 100 Tons at 70 Feet Radina.

BUTTERFIELD & SWIRE,

AGENTS.

·HONG KONG, CHINA & JAPAN.

this deduction was the outcome of

the signing by him of the con- tribution form on June 18 and

was carrying out by him of the part contemplated by him, I think that it did constitute a pew and

binding agreement entered into

between film and the master on Oct. 19. Such agreement could, not be an assignment of wages made prior to the accruing there- of because it dealt with wages then accrued. due.. I think from this entry in the master's book it is clear that, what was intended was that the deduction of the. pound should be regarded and treated as an advance then made by the master to Harper for the purpose of paying his union sub- |scription out of his wage then ac- crued due, and consequently I re- gard the deduction as being in exactly the same category as the deduction of the other advances admittedly made to Harper and signed for by him in the master's book: during the voyage. 2.

"Moreover, I think that the. purposes for and the manner in which the 51 then deducted was intanded to be applied thereafter by the master, can be clearly and definitely collected from the sur- rounding circumstances, and leave no doubt as to what was the In- tention of Harper in this respect when he signed on Oct. 19.

"Lastly, I see nothing in the Merchant Shipping Acts, or other, wise, that would render such an agreement inoperative; or not binding on Harpar. I have come to the conclusion that the ques tion in dispute before me can be determined on very simple grounds," having regard to the

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