The Lily

Good Law
69 F.2d 898·1934 A.M.C. 630·1934 U.S. App. LEXIS 3703
United States Court of Appeals for the Ninth CircuitMarch 16, 1934No. 7256California1,450 words

Opinion

Lead Opinion

Wilbur, J.

The libelants are seamen who shipped at San Pedro, Cal., aboard the schooner Lily on a voyage down the Mexican coast to Magdelena Bay, Mexico, and thence to Mexican waters to carry on salvage operations on the Steamship Columbia and a fishing vessel, the Vitality, which had been wrecked. Libelants had orally agreed to serve as members of the crew for compensation to be determined by a percentage of the profits of the venture. Pri- or to sailing from Los Angeles Harbor purported shipping articles were signed by C. W. Wilkins, as master, and William Lahti, one of the libelants, but were not signed by the other libelants, whose names were written on the shipping articles by respondeat Edwards. These purported shipping articles were not executed and filed in accordance with the laws relating thereto and were therefore null and *899 void. Upon completion of the contemplated salvage operations, the vessel returned to San Diego Harbor where all but the libelant Olsen left the vessel, Olsen remaining aboard on its return to San Pedro. Thereafter, libel-ants filed this action for seamen’s wages based upon section 1 of the Act of July 20, 1790 ( 1 Stat. 131 ), which is as follows:

Under…

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