In re Ivertsen

The petitioner on March 6, 1916, while the steamer Ventura, then on a voyage from San Francisco to *499 Sydney, New South Wales, and other Pacific ports and return, was touching at Honolulu on her outward voyage, shipped on her as an able seaman at $40 per month, signing articles for the remainder of the voyage out and back to San Francisco. At Sydney petitioner demanded and was paid $14.80, one-half of the wages then earned by him. On her return voyage the vessel against touched at Honolulu, and on April 11, 1916, at that port, petitioner, for what reason does not appear, applied to the captain for a final discharge and payment of the balance of his wages then earned. This request was refused, whereupon petitioner announced to the captain his refusal to continue the voyage, saying:

As will hereafter appear, however, petitioner did not at that or any other time make a demand upon the captain for the payment to him of one-half his wages, or anything less than all, and for his discharge. It does appear, however, that the captain directed the purser to pay him one-half the amount then earned, and the purser, computing what he believed to be the amount to which petitioner was…