Page:Federal Reporter, 1st Series, Volume 3.djvu/311

SOe VaOSRkh BEFOBTER. �appears "thai the weather was threatening." There was, indeed, no immediate danger to the Davidson, but the uncon- tradicted evidence is that "ahe lay in a very dangerous place," in the event of a change of weather. Captain Starkey swears it was his opinion that there was an "absolute necessity" to get the schooners loaded and out, for the safety of the David- son. James Carr, the master of the Orgarita, and James Davidson, the master of the steam barge and owner of the three vessels, testify respectively that they entertained a sim- ilar opinion. Charles Cardnell, a mariner on-board the Orga- rita, who helped to stow the lumber on the King, testifies : "I considered it necessary for that loading to be done, on Sunday for the safety of the Davidson, or I would not have worked myself. I was a caulker on board the Orgarita, and was not obliged to work then." The alacrity with which the other men, to the number of 40, worked in loading the King, indicates that they held the same view as the witness Cardnell. �I am satisfied from ail the evidence that, with reference to the situation of the Davidson, there was a reasonable neces- sity for the Sunday labor which the libellant was called upon to perform. It was, however, for the master of the King, under the then existing circumstances, to determine whether the work of loading the sohooner was necessary for the safety of the Davidson, and obedience to his orders was the plain duty of the libellant. It was not for him to sot up his judg- ment against that of the master. That it was Sunday was no excuse for his refusai to perform the duty required of him, (The Richard Matt, 1 Bisa. 440;) and I am of opinion that the master of the King had a clear right to discharge the libellant for his disobedience. Had these four rebeUious seamen been permitted to remain on board their spirit of insubordination might have infected the rest of the crews. �I think the libellant forfeited his wages for the five days he worked on the, King, (The Richard Matt, aupra,) and I will therefore disçûiss his libel, but will deoree no costs against him. And now, to-wit, August 2, 1880, the libel in thia case is dismissedi ����