U.S. Supreme Court COLLIE v. FERGUSSON, 281 U.S. 52 (1930)

[Page 281 U.S. 52, 57]

The evidence affecting the claim of Rowe is not reviewed, since, as already indicated, there is evidence which, in the light of the statute as now interpreted, supports the concurrent action of the two courts below.

It is unnecessary to pass upon the contention, apparently first made here, that section 4529 does not apply to fishing vessels (see notes to section 596, 46 USCA), and that the Dola Lawson, although licensed for the coastwise trade, must be deemed excluded from the operation of the act because of her use as a fishing vessel.

In view of the unwarranted retention of the amount awarded to petitioners, as wages, by that part of the decree of the District Court from which no appeal was taken, the costs in the Court of Appeals will be divided, two-thirds to appellants and on-third to appellees, and the decree below as so modified will be

Affirmed.