missioner when he signed them, and he brought the weapon on board, knowing he had no right to do so, and afterwards willfully discharged it in the face of the crew, apparently as a matter of bravado. On coming out of the Strait of Fuca, on the voyage from Nanaimo to Acapulco, Olsen was at the wheel, and steered so as to let the tug come broad on the bow of the vessel. The master called his attention to it. He answered, "All right," but did not change his wheel, as the master thought he should, when the latter said, "Put your wheel over," to which Olsen replied in an offensive manner, "I can steer as well as you can." Thereupon the master called another man to the wheel, who impudently said to him, "Olsen is as good a seaman as there is on the ship." On this the master called the crew aft, and said "he expected proper respect from them," which they all promised except Olsen, who said if the master did not treat them well they would make it cost him $100 a day when discharging cargo; that they would put out 50 tons or 500 a day, just as they liked. A short way out from Acapulco, the vessel lost three sails in a squall at night, which the second mate thinks was largely attributable to the slowness and the indifference of the crew. The Oakes arrived at Acapulco on July 21, and commenced discharging her cargo of coals with the aid of steam-power, the tubs being filled in the hold by the crew. And here both Raftery and Olsen persistently shirked the labor at which they were setof filling the tubs. Instead of filling a shovel with coal, and putting it directly in the tub, they would slowly get a half shovelful, and lifting it up leisurely, turn around, and rest it on the edge of the tub while they looked about, and then dribble it into the tub. On one occasion the second mate, looking down the hatchway, and seeing Raftery "soldiering" with his shovel, asked him ironically and reproachfully, "Don't you want a spoon?" to which the latter impudently replied, "I don't care if I do." Finally, on July 26, the libelants were taken by the master before the consul at Acapulco, and, after an examination of the parties by that officer, they were discharged from the ship for insubordination, and paid off; the amount of the wages for two months and two days and one month's extra wages being paid to the consul for them, as the law and regulations require. Afterwards, on August 9, the consul furnished them a passage on the regular steamer to San Francisco, and I suppose paid their expenses while on shore, as the law also requires, and tendered them the balance of their wages, which they refused. The certificate of the consul is prima facie evidence of the justice of the discharge. And although this court may in this suit go behind it, and, on a proper case, determine otherwise, yet the proof must be sufficient to overcome the prima facie case. The consul has the parties before him, face to face, while the matter is fresh in the minds of all the parties, and the truth is most likely to come to the surface, and his action should not be lightly disregarded or set aside. I am satisfied that his action in the premises was just and proper. I have taken more pains and time with this case than the intrinsic difficulty of it demands. My reason for so doing is that I am strongly impressed with the idea that the whole trouble grows out of the methods and purposes of the Seamen's Union of San Francisco. It appears to be organized for the purpose of controlling the conduct and employment of seamen on this coast, to the end that ships shall be navigated in the interest and at the pleasure of the forecastle, without any reference to the rights or interests of owners. Acting on this anarchial idea, these libelants undertook to administer to the master the prescribed “medicine" for his refusal to submit to their dictation, by loitering and trifling over their work in discharging cargo at the expense of the ship. But the law will not tolerate such conduct. The contract of the libelants bound them to be diligent and obedient in the discharge of their duties. They willfully and persistently violated this contract, and were properly discharged and paid off, getting even one month more wages than they were entitled to. The decree of the court will be that the libel be dismissed, and that the claimant recover his cost. TONNAGE TAX. The total collections of tonnage tax for the year ending the 30th of June, 1889, were $477,032.90, and covered into the Treasury were $473,268.57. The collections last year were $491,205.74, there having been a decrease of $17,937.17 during the present year. Sailing vessels paid $195,936.45, and steam-vessels $270,392.76. Last year sailing vessels paid $216,382.32, and steam-vessels $269,463.35. Vessels of the United States paid $70,034.44 during the past year, and foreign vessels $406,998.46. Last year vessels of the United States paid $67,285.67, the proportion being rather larger than that of the present year, as compared with the payments of foreign vessels. British vessels paid the present year $277,521.78. Norwegian and German sailing vessels and German and French steam-ships pay a large part of the residue collected. The collections from Spanish vessels have increased slightly, and those from Belgian vessels have decreased to a small extent. Our vessels in our own ports pay about one-quarter of the amount paid on British vessels, showing that the foreign trade carried on in vessels of the United States in our ports is but a quarter of that carried on in British vessels. It is about one-seventh, as compared with the total foreign trade. The following table shows the amounts of tonnage tax collected and the nationality of the vessels paying it: TONNAGE TAX COLLECTED AND NATIONALITY OF VESSELS PAYING THE SAME DURING THE FISCAL YEAR ENDING JUNE 30, 1889. 510 $26, 602. 80 64 $7,826.52 Great Britain. 2,830 14,054.72 618 14, 736.40 3,448 28,791.12 1,012 65, 443.28 1,698 183, 287.38 574 $34, 429.32 2,710 248,730.66 Norway 152 2,338.38 116 1, 414. 23 268 3,752.61 601 23, 967.78 Germany 43 744.63 8 245.07 51 989.70 185 8,128.54 4 111.42 118 16, 605.48 Italy .... 28 343.44 5 81.45 33 424.89 404 14, 200.98 19 1,610.16 Austria. 19 349.26 19 349.26 68 2,691.78 Sweden. 10 152.97 10 152 97 75 2,688.90 3 179.16 78 2,868.06 Spain 92 1,335.74 87 3,615.63 179 4,951.37 6 134.70 48 4, 724.46 54 4, 859. 16 No. Amount. No. Amount. No. Amount. No. Amount. No. Amount. No. Amount. France 14 185.28 2 86.40 16 271.68 22 1,180.26 68 11, 051.76 90 12, 232.02 36 1,365.54 70 11,138.16 9,810.53 106 12, 503.70 Holland 4 52.56 4 52.56 26 1,215.90 13 716.88 39 1,932.78 26 1,215.90 17 769.44 43 1,985.34 Denmark 7 51.51 1 8 34 8 59.85 15 543.60 19 2,180.22 34 2,723.82 22 595.11 20 2,188.56 42 2,783.67 Russia 3 66.60 3 66.60 46 1,732.14 1 17.70 47 1,749.84 49 1,798.74 1 17.70 50 1,816.44 Belgium 6 324.66 70 10,004.70 76 10, 329.36 6 324.66 70 10,004.70 76 10,329.36 Mexico 6 33.00 4 71.22 10 104.22 6 33.00 4 71.22 10 104.22 Hawaii 17 252.57 13 601.50 30 854.07 2 66.84 6 629.66 8 696.50 19 319.41 19 1,231.16 38 1,550.57 Portugal... 3 49.68 1 28.92 4 78.60 32 790.26 1 57.84 33 848.10 35 839.94 2 86.76 37 926.70 Honduras 10 19.02 10 19.02 10 19.02 10 19.02 Costa Rica.. 1 1.95 1 1.95 1 1.95 1 1.95 Brazil 4 129.12 4 129.12 4 129.12 4 129.12 Argentine Republic 1 29.34 1 29.34 4 168 72 4 168.72 5 198.06 5 198.06 Chili..... 8 418.26 8 418.26 8 418.26 8 418.26 San Domingo. 2 16.20 2 16.20 2 16.20 2 16.20 Bolivia 9 237.90 9 237.90 1 41.64 1 41.64 10 279.54 10 279.54 Ecuador 1 46.68 1 46.68 1 46.68 1 46.68 Total 6, 445 45, 419.61 1,288 31,389.42 7, 733 76,809.03 3,028 150, 516. 84 2, 132 239, 003.34 5, 160 389, 520.18 9,473 195, 936.45 3, 420 270, 392.76 12, 893 466, 329.21 |