OpenJurist

252 US 358 Thompson v. Lucas the Westmeath

252 U.S. 358

40 S.Ct. 353

64 L.Ed. 612

THOMPSON
v.
LUCAS et al. THE WESTMEATH.

No. 391.

Supreme Court of the United States

October Term, 1919.

Argued Dec. 8, 1919.

March 29, 1920

Messrs. L. de Grove Potter, of White Plains, N. Y., and John M. Woolsey, of New York City, for petitioners.

[Argument of Counsel from pages 358-363 intentionally omitted]

Mr. W. J. Waguespack, of New Orleans, La., for respondent.

Mr. Justice DAY delivered the opinion of the Court.

1

This case was argued at the same time as No. 373, just decided.1 In this case the libelants 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 section 4 of the Seamen's Act of 1915 (Comp. St. § 8322). The demand was refused, and an action was begun for full wages. A defense was set up that the libelants were deserters, and, therefore, not entitled to recover. The District Court and the Circuit Court of Appeals held that the libelants' case was md e out under the statute. 258 Fed. 446, 169 C. C. A. 462.

2

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.

3

Affirmed.

1

252 U. S. 348, 40 Sup. Ct. 350, 64 L. Ed. ——.