Oldfield

A libel for wages was filed by Oldfield, a seaman, against the steamship “Arthur P. Fairfield,” pursuant to 28 U.S.C.A. § 41 (3) [now § 1333] and Admiralty Rule 13, 28 U.S.C.A. The defense was that there was properly deducted a pro rata portion of a fine levied, against the. ship on, account of misconduct of the seaman.

The cause was tried. Findings of fact and conclusions of law were entered. The Court found that, while the ship upon which libelant was serving was anchored off Rotterdam, he and other crew members were advised that,- under the custom regulations of the port, each would be allowed to have only one carton of cigarettes and were ordered to deliver all excess cartons to the purser for keeping. But libelant, with certain other seamen, secreted 125 cartons of cigarettes, undeclared, about the vessel, which were discovered by the custom officials. As a result, the Master was required to pay $3,018.96 for a release of the vessel. Libelant was not tried for smuggling in the Dutch Courts. As a result, a deduction of appellant’s pro rata share of the fine was made. When the • deduction was protested at the time the crew was paid off, the Shipping Commissioner said, if…