MARINE FEES CASE.

Press, Volume LXI, Issue 18417, 25 June 1925, Page 9

MARINE FEES CASE.

JUDGMENT FOR UNION S.S. COMPANY. (bt cable—pkzss association—copyright.) (AUSTRALIAN AND X.Z. CABLE ASSOCIATION.) MELBOURNE, June 2-1. Tho High Court delivered judgment for plaintiffs iti tho case in which, the Union Steam Ship Company sued Nicholas Jones, 'superintendent of the Mercantile Marine Office, and tho Commonwealth. Government. Tho judgment is expected to have far-reaching effects, as the Court held that tho Colonial Laws Validity Act applied to tho Commonwealth of Australia., and that tho provisions of the Navigation Act relating; to the engagement and discharge of seamen were invalid and repugnant to the provisions of Imperial .Merchant Shipping Acts relating to that matter. [lno Union Company claimed from tho Commonwealtii Ooyernmcnt £-0 Jlus ana vernment under protest. ihe action arobe out of the discharge and engagement, of ;.. number oi seanae.ii for unc steamer Niagara in l',)'2'2. When the vessel arnveu in'bvibiey the engagements of certain seamen jiboard terminated, unci tlu master of mo Niagara, lor the purpose of effecting discharges accoidiug-to Jaw, attendeu before tue port superintendent, and having complied with all requirements of tho Merchant Shipping Act, requested the superintendent to allow the- discharges to oe effected in his presence. This he refused to do until tue fees required by the Navigation Act, amounting to iis for cacii discharge, were paid. Tho master of the Niagara paid these under protest, and the discharges were effected. The port superintendent then refused fo allow seamen to le engage I until a further fee of i ! .s each had been pa-id, and the master paid under y-O----teit.J