Congressional Edition Volume N . 7955
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...on board imperative. The rights of a seaman against the shipowner in case of injury or sickness are not at all similar to those which govern the right of recovery in the same case in land employment. The owner must care for the sick or injured sailor; he must pay his wages until the home port is reached and then the United States Marine Hospital Service takes him into its protection till he is recovered to health. He is thus already to a degree protected by a form of workmen's compensation, since this duty of the ship and the care in the marine hospitals does not depend upon any fault imputable to the owner. His right to recover damages was strictly limited by the law of the sea, but Congress in the merchant shipping act of 1920 gave him a wide right to recover damages by putting him on a basis with the employees in interstate commerce. PORT WORKERS UNDER CONTROL OF STATE. Congress has hitherto left to the State control of the relation of master and servant in longshore work or in ship repair. State, not Federal, statutes require one day's rest in seven in these trades; State, not Federal, statutes regulate conditions of labor among these men of fixed habitation, and it has been, as a rule, in the State courts and under the State law that has been determined the duty of the employer to pay damages to his employee injured in the service. Even where the employee had an opportunity to sue for maritime tort in the admiralty courts, he has not, in the main, attempted to avail himself of it, but has pursued this remedy in the tribunals of his State. Congress would be going far if it assumed control of the whole relation of master and servant in longshore and ship-repair work. It would even be doubtful whether Congress can regulate that relation on...
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- 28 Jun 2012
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