Harlan F. Stone

“ The statute affords a definite and reasonable procedure by which the seaman may establish his right to recover double pay where his wages are unreasonably withheld. But it affords no basis for recovery if, by his own conduct, he precludes compliance with it by the master or owner. He cannot afterward impose the liability by the mere expedient of bringing suit upon it.
3. Following the trial of the cause in the District Court, a decree was entered allowing recovery for loss of petitioner's clothing, for wages, and double wages. ”

“ Every master or owner who refuses or neglects to make payment in the manner hereinbefore mentioned without sufficient cause shall pay to the seaman a sum equal to two days' pay for each and every day during which payment is delayed beyond the respective periods, which sum shall be recoverable as wages in any claim made before the court ”

“ The petitioner rests his claim for a month's extra pay and for the cost of his return passage on section 2 of the Seamen's Act and R.S. § 4583. By section 2 a seaman is given the right to demand his discharge and payment of the wages due whenever the master of the vessel fails while at sea to divide the sailors into a least two, and firemen, oilers, and water-tenders into at least three, watches. ”