Harold Hitz Burton

“ 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 ”

“ Johnson makes no claim for wages earned after April 21. However, when discharged in Philadelphia, May 31, 1948, Johnson claimed $439.27 as earned wages due him above all deductions, without making allowance for any expenditures made by petitioner for the care or hositalization of Brandon. When petitioner refused to pay Johnson anything, he filed a libel and complaint in the United States District Court to recover the balance due on his earned wages, plus interest, transportation to Seattle (his port of signing on) and double wages for each day of unlawful delay in the payment of the sum due. ”

“ The master or owner of any vessel making coasting voyages shall pay to every seaman his wages within two days after the termination of the agreement under which he was shipped, or at the time such seaman is discharged, whichever first happens ”

“ Whenever any seaman who has been lawfully engaged or any apprentice to the sea service commits any of the following offenses, he shall be punished as follows:↑ 'The above sections (46 U.S.C. §§ 596, 597, 600, 601, 682, 683 and 685, 46 U.S.C.A. §§ 596, 597, 600, 601, 682, 683, 685) look towards payment to the seaman by his employer, at the termination of the employment, of all of his earned wages, without any deductions except those which are expressly authorized by statute.↑ See note 8, supra.↑ See note 8, spra. ”

“ We ar convinced, however, that the legislation passed by Congress f or the protection of seamen, beginning in 1872, has now covered this field. Petitioner's set-off is not prescribed, recognized or permitted by such legislation. So far as that legislation goes, such a set-off is not available as a defense against a seaman's claim for earned wages. ”

“ Payments in foreign ports are safeguarded through United States Consuls. R.S. §§ 4580, 4581, 4583, 23 Stat. 54-55, 30 Stat. 759, 38 Stat. 1185, 46 U.S.C. §§ 682, 68o, 685, 46 U.S.C.A. §§ 682, 683, 685.↑ 'Sec. ”