v0570-369
Winittt} States Circuit Court
of appeals
jfor tfje Jttnt) Circuit
PETER KERR, THOMAS KERR and ANDREW KERR,
co-partners, doing business under the firm name
and style of KERR-GIFFORD & CO.,
Appellants and Respondents^
- SCHWANER, as Master of the S. S. "TIBERIUS,"
of Hamburg, Germany,
Appellee and Lihellant.
9ippellants '3eplp Brief
We do not care to discuss appellee's statement that
"The court knows judicially that there are actual holidays
in Oregon," nor to comment on "sham holidays," nor "com-
pulsory," "technical," "constructive," or "paper holidays,"
except to remark in passing that this charter-party must
be construed in accordance with the laws of Oregon.
Balfour v. Wilkins, 5 Sawyer, 429.
In accordance with the laws of Oregon there are no
days, holidays or otherwise, upon which it is unlawful to
labor. The laws of Oregon, B. & C. Comp., sections 3918-
19, make the days appointed by the governor as holidays
of equal sanctity and force as Sunday, January the First,
archive.org Volume Name: govuscourtsca9briefs0570
Volume: http://archive.org/stream/govuscourtsca9briefs0570
Document Link: http://archive.org/stream/govuscourtsca9briefs0570#page/n368/mode/1up
Top Keywords (auto-generated):
cargo, loading, holidays, charterer, vessel, charter, november, wheat, tiberius, intended, clause, port, lay, virtue, oregon
Top Key Phrases (auto-generated):
intended cargo, kerr gifford, sections 3918, reserved coal, railroad commission, cargo transported, cargo intended, 935 cars, 550 tons, working trains, winfree proctors, wheat stored, vhatsoever nahire, vessel wait, vessels arriving
Document Status: UGLY