48 FEDERAL nmrommu.
officers are liable, both civilly and criminally. Bev. St. § 5347; U. S.
v. Collins, 2 Curt. 194. It is often done with brutish violence. I have
seen them come about this courthouse with a vague idea that in some
’ way they were under the protection of the officers of the United States,
and having the marks of violence upon them showing how cruelly
they had been beaten. They have been sent to attorneys, but in some
way it has been arranged so that this court. has never had the op-
portunity of imposing the penalty of damages for such brutality. The
ordinary remedies of withholding wages, discharging for misconduct,
putting in confinement or in irons, and the like, must suiiice as meth-
ods of discipline for inefficiency, if the penalties of the statutes by
or criminal prosecution for disobedience of orders do not apply. Cer-
tainly, beating cannot be sanctioned by the courts. The beating is
not satisfactorily proven in this case, and the testimony of the only
disinterested witness must turn the scale against the libelant on that
` point.
But these officers had no right to discharge this man at the place
they did, late at night, and under circumstances which show that it
was imposing upon him unnecessary suffering. His wages were paid
him, but they might havebeen withheld, if it was just· to do that, or
used to pay for his shelter on the boat. I do not decide that he could
not be discharged at all untilthe return of the boat, and express
no opinion as to that; but he should not, for mere inefficient work,
have been driven from the boat on a dark, cold, and wet night; at the
time and place where he was compelled to go ashore. Common hos-
, pitality and humanity should have prevented this, and the admiralty
law forbids it. The proper and humane care of even inefficient sea-
men is the duty of every master, and whatever he may lawfully do
must be done with due consideration for this principle. 1 Conkl.
Adm. 429-442.
It is not difficult to determine the measure of damages in this case.
If severe beating had been proved, the court would yield to the de-
mand for not less than $100; but it is disproved. He had been paid
his wages, and might have come home on the cars, but chose to
walk when he reached the railroad. I think $30 amply sufficient
to compensate the libelant, and emphasize the determination of this
court to insist on humane treatment even of "1·oustabouts." Decree
accordingly. _