DORAN, et al., V. S. S. "PRESIDENT VAN BUREN." 515.
The steamship President Van Buren left New York on its route to, San Francisco via the Panama Canal without two of its four musicians constituting the orchestra on the President Van Buren. Shortly before the vessel reached the Canal Zone the master in charge of thevessel, Capt. J. M. Lane, radioed the agent of the Dollar Line Steamship Company at Balboa to secure the services of two musicians.. This fact was communicated to the libellants in this case, and on, August 15, 1924, they went on board the ship at Balboa for the purpose of satisfying the officers in charge of the ship that they could perform the services expected of them and negotiating with the master for employment as musicians. The libellants demonstrated their ability to the satisfaction of the purser and they were then taken and introduced to Captain Lane, the master of the Vessel. The evidence of the libellants is to the effect that Captain Lane told them he had authority to sign them on only as far as San Francisco as himself and all members of the crew would then be discharged, and such as cared, to continue the voyage would have to sign new articles there; that the master promised them that they should have employment for theremainder of the trip around the world and until December 5, 1924; that -the master told them there were nine chances to one that they would be so employed, and that he had the say so concerning thematter. The libellants say that they concluded from this that they were being employed for the entire trip around the world. They signed the ship's articles, which designated the end of the voyage as San Francisco. These articles were signed by all of the other membersof the crew and persons employed on board the ship. The libellants. were designated in the articles as "musicians" at $60 per month and meals and berth. The ship left Balboa August 15th and arrived at San Francisco some 12 days later. During the voyage the libellantsperformed the stipulated services as musicians but were not required to, and did not perform any other service on board the ship. Upon arrival at San Francisco, as the libellants testified, they were told that their services were satisfactory, and the purser informed the libellants. they they would have to see a Mr. Ashmun, agent of the Dollar Line Steamship Company, whose office was on the dock, about signing for the remainder of the voyage around the world. The libellants were, discharged at San Francisco and given the certificates of discharge by the U. S. Shipping Commissioner, as provided by Revised Statutes, section 4551, and at the same time the master and the libellants. executed the mutual release provided for by Revised Statutes, section 4552. Up to this point the libellants made no protest against the amount of their wages or the fact that they were being discharged, or against the .execution of such release. The libellants thereafter went to Mr. Ashmun, and after some negotiations with him they were