Buchanan

These are libels filed by a group of seamen for wages alleged to be due. These men were all members of the crew of steamship West Carmona. On December 24, 1926, this vessel was at Davao, P. I. She sailed from that port shortly after midnight, December 25, 1926, leaving libelants and several others, 12 in all, behind.

The evidence shows that these men knew that the ship was due to sail at midnight. It also shows that they conceived the idea that, since they constituted in excess of one-third of the crew, if they all remained ashore, the master would not sail without them, giving them the opportunity to celebrate Christmas Eve and possibly Christmas Day ashore. In this they were mistaken. The West Carmona sailed on scheduled time. The men missed the shore launches deliberately, but were on the dock when the vessel moved out of sight.

Through the ship’s agent these seamen immediately notified the master of the vessel that they would follow and rejoin as soon as possible. They did not reach her until January 6. In the meantime, on January 2, the master had signed on new men. He refused to accept the seamen on their return to the ship, and declared them desertara.

Under the evidence…