Further evidence in the action B. E, Jolidon v. the Yangtze Rapids Steamship Ca., was heard by Judge Purdy in the U.S. Court on July 16. Mr. C. P, Holcomb represented plaintiff and Mr. W. S. Fleming appeared for the company.
Plainti® alleged breach of contract by the other party and asked for judgment in the following amounts:—Part of April salary Tls. 625, part of May salary Tls. 360 salary for the remainder of the contract Tls. 12,840, and living allowance of $1,605. He asserted that his one-year contract, dated 1, 1920, was for a monthly salary Of Tls. 1,200, as master of one of the company's ships.
The defence entered a general denial of the claim, further that the representative making the contract had no authority, therefore no contract existed, and alleged duress on the part of plaintiff.
Defendant also presented a counter claim of Tls. 12,000 alleging that by plaintiffs action in refusing to take out a vessel, that they had sustained such loss.
Tu outlining the case counsel brought out that plaintiff, together with five other masters of vessels belonging to the Yangtze Rapids: Steamship Ca. (Fed, Me.), on the upper Yangtze run, had been receiving prior to March of this year, salaries averaging $500 to $600, and a bonus for each round trip of '$500, In some cases their monthly wage ranged from $1,500 to more than $2,000, depending on the number of round trips made. In March the company disallowed the extra money for ud trip and trouble in Ichang ensued, the masters demanding compensation. The fleet was tied up for a number of days, and finally Mr. H. E. Case, assistant general manager Tehang, drafted new contracts which were signed. " Later some of the captains signed second contracts, Apology Wanted Capt. J, P. P. Anderson, called by Mr. Holcomb, in discussing the contracts, said in brief, "Mr, Case said he had a telegram from the office, reinstating us. Before that we had been dismissed and then we were asked to come back. Some of the captains conferred, and Capt. F. Harris drew up a contract, to which Mr. Case made no objection, excepting the clause regarding' Tis '50 bonus per trip. The contracts were for one year, and I understood that Capt. Jolidon signed for only {three months, but I learned differently yesterday. Mr, Case wrote them out on the typewriter and we signed them that night."
Questioned further, witness said, regarding possible reliefs when they did not make trips during this trouble, that a captain could not leave his vessel until he is relieved.
When witness came to Shanghai, Mr. Hoyt told him that the contract. was not valid and wanted a letter of apology from him. He further told witness that he would keep' all captains, but at a reduced salary, saying that the contract was signed ander duress and that Mr. Case did not have a power of attorney. Witness then signed another contract at a reduced salary.
Referring to the possible amount of injury which plaintiff might have caused the company by staying in Ichang, witness said that the average stop in Ichang was between two and three days.
reply to questions by Mr. Fleming, witness said that as far as he knew no master had refused to take out a vessel, that no actual demand had been made by the company on them. Mr. Fleming then produced a round robin letter, signed by the masters in which they requested, in event of dismissal, three months? salary, three months' potential bonus and passage to Shanghai.
Text read from the printed page and cleaned; old type leaves the occasional error.