Owen J. Roberts

“ The words of the statute are: 'No wages due or accruing to any seaman or apprentice shall be subject to attachment or arrestment from any court.' While, within the purview of some of the acts concerning shipping a master is included in the class designated seamen, in others the expression excludes the master. [3] In this case we must determine whether Congress intended, by section 12 of the Act of 1915, 46 U.S.C.A. § 601, to extend to a master the exemption of seamen's wages from garnishment. ”

“ The issue is whether the master of a vessel is entitled to the benefit of section 12 of the Act of March 4, 1915, [1] exempting wages of seamen from attachment.
The respondent recovered judgment against one Findlay, the captain of the tug Waverly, a registered vessel of the United States operating in New York Harbor. Under a state statute Findlay's wages due from his employer, the Erie Railroad Company, were attached by the service of an order on the petitioner, superintendent of the marine department of the railroad company. ”

“ Decision is aided by a consideration of the provision in its original setting. It was first enacted as section 61 of the Act of June 7, 1872, [4] which authorized the appointment of shipping commissioners to protect merchant seamen and to superintend their shipment and discharge. Scrutiny of the act as a whole leads to the view that in all matters affecting wages seamen were treated as a class which excluded masters ”