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wages due and with the necessary funds to meet such wages, or (if the cash be not available) with an order on the owner for the amount due. If the consul shall deem the statement satisfactory, he may discharge the seaman as directed in Section 4581, Revised Statutes, as amended by Section 16 of the Act of December 21, 1898, and Section 19 of the Act of March 4, 1915, as if the master were present, attaching to discharge and to his relief account a copy of the statement submitted by the master. If the consul shall deem the statement unsatisfactory, he will decline to grant the discharge and direct that the seaman be returned to the vessel at its expense.
291. Passage money to be paid by the government-In cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. Such seaman shall be considered a destitute seaman and shall be treated and transported to port of shipment as provided in sections 4577 and 4579 of the Revised Statutes. Sec. 3, R. S. 4526. If the seaman is discharged on account of injury or illness, incapacitating him for service, the expenses of his maintenance and return to the United States shall be paid from the fund for the maintenance and transportation of destitute American seamen. Sec. 16, R. S. 4581.
293. Desertion, how punished-It is provided by statute that desertion shall be punished by forfeiture of all or any part of the clothes or effects he leaves on board and of all, or any part of the wages or emoluments he has earned then. For neglecting or refusing without reasonable cause to join his vessel or to proceed to sea in his vessel, or for absence without leave at any time within twenty-four hours of the vessel's sailing from any port, either at the commencement or during the progress of the voyage, or for absence at any time without leave and without sufficient reason from his vessel and from his duty, not amounting to desertion, by forfeiting from his wages not more than two days' pay or sufficient to defray any expenses which shall have been incurred in hiring a substitute. For quitting the vessel without leave, after her arrival at the port of her delivery and before she is placed in security, by forfeiture from his wages of not more than one month's pay. Sec. 7, R. S. 4596, Act March 4, 1915
299. Arrest of deserters-Cancelled by sections 16 and 17, Act of March 4, 1915.
302. Desertion from cruel treatment-It is by law made the duty of consular officers, in cases where seamen or officers are accused, to inquire into the facts, and, upon his being satisfied of the truth and justice of such complaint, he shall require the master to pay to such seaman one month's wages over and above the wages due at the time of discharge, and to provide him with adequate employment on board some other vessel, or provide him with a passage on board some other vessel bound for the port from which he was originally shipped, or to the most convenient port of entry in the United States, or to a port agreed to by the seaman; and the officer discharging such seaman shall enter upon the crew list and shipping articles and official log the cause of such discharge and the particulars in which the cruel or unusual treatment consisted, and subscribe his name thereto officially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and subscribed in the same manner. Sec. 18, R. S. 4583, Dec. 21, 1898; Sec. 8, R. S. 4600, March 4, 1915.
304. Desertions to be reported within forty-eight hours-Strike out the end of the first sentence beginning at “and consequently no effort is made, or can successfully be made, for the recovery of the deserters, who subsequently come upon the consulate”; and the part of the second sentence reading “In order therefore, to aid in the enforcement of these regulations."
306. Treaty provisions as to desertion-Cancel. Sec. 16 and 17, Act March 4, 1915, forbids the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels in foreign countries and authorizes the President to give notice of the termination of such treaties to all foreign governments concerned.
315. Complaint of unseaworthiness—Provision has been made by statute for the examination of complaints in respect to the unseaworthy condition of the vessel and insufficient equipment or supplies and for the proceedings of consular officers in such cases. Upon a complaint in writing, signed by the first and second officers, or a majority of the crew of any vessel, while in a foreign port that such vessel is in an unsuitable condition to go to sea, because she is leaky or insufficiently supplied with sails, rigging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her provisions, stores and supplies are not or have not been during the voyage sufficient or wholesome, thereupon in any of these or like cases the consul or consular agent who may discharge any of the duties of a consul shall cause to be appointed three persons of like qualifications with those prescribed in section 4557 of the Revised Statutes, who shall proceed to examine into the cause of complaint and who shall proceed and be governed in all their proceedings as provided by said section (R. S. 4559). The inspectors in their report shall also state whether in their opinion the vessel was sent to sea unsuitably provided in any important or essential particular, by neglect or design, and the consular officer approves of such findings, he shall discharge such of the crew as request it, and shall require the payment by the master of one month's wages for each seaman over and above the wages then due, or sufficient money for the return of such of the crew as desire to be discharged, or with employment on a ship agreed to by them. But if in the opinion of the inspectors the defects or deficiencies found to exist have been the result of mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against before the sailing of the vessel and the master shall in a reasonable time remove or remedy the cause of complaint, then the crew shall remain and discharge their duty. R. S. 4561, Dec. 21, 1898. (Paragraphs 207 (60, 243). If not so remedied, the consular officer may discharge the crew, on their request, with the arrears of wages, but without any extra wages.
The master or commander shall in the first instance pay all the costs of such review, report, or judgment, to be taxed or pay all the costs of such review, report, or judgment, to be taxed or allowed on a fair copy thereof, certified by the judge or justice. But if the complaint of the crew shall appear upon the report and judgment to have been without foundation, the master or commander, or the owner or consignee of such vessel, shall deduct the amount thereof, and of reasonable damages for the detention, to be ascertained by the judge or justice, out of the wages of the complaining seamen. R. S. 4557. In cases of this kind the consular officer will be careful to consult the full text of the statutes. This provision does not apply to fishing or whaling vessels, or yachts.
316. Complaint as to provisions, or water-Amend by changing the last sentence of the paragraph to read: "If the officer to whom any such complaint is made certified in such statement that there was no reasonable ground for such complaint, each of the parties so complaining shall forfeit to the master or owner, his share of the expenses, if any, of the survey." R. S. 4556, Act Dec. 21, 1898. This provision does not apply to fishing or whaling vessels, or yachts (Sec. 26, Act Dec. 21, 1898.)
320. Application to authorities-Strike out form No. 34. ("Requests to Local Authorities for the Arrest of Deserters.") Sec. 16, Act March 4, 1915.
337. Consular Fees-Annote on margin “Section 4559 as amended by section 5 of the Act of March 4, 1915."
352. Insubordination to be discouraged-Amend this paragraph by striking out the first sentence and replacing it with, “It shall be the duty of all consular officers to discountenance by every means in their power and, where the local authorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner. In all cases where seamen or officers are accused, the consular officer shall inquire into the facts and proceed
WILSON'S MESSAGE ON PREPAREDNESS
President Wilson's third annual address, which was read to the 64th Congress, December 7, 1915, was devoted largely to questions growing out of the general war in Europe. He counselled strict neutrality toward the belligerent nations, deplored the passionate sympathy of foreign-born citizens for the countries of their nativity, which impelled them to hostile acts against the land of their adoption. He urged Congress to adopt immediate measures for increasing the army and navy and for the enlistment of 400,000 disciplined citizen soldiers.
The Monroe Doctrine was endorsed, and the policy of non-interference in the internal affairs of American republics was reiterated. Abstention from interference in the case of the prolonged revolution in Mexico was cited as an example of the hands-off policy of the United States toward other American republics.
The building of an adequate merchant marine through the purchase and construction of ships with government money was urged upon Congress as the best means to secure immediate success in the extension of our trade with foreign countries, particularly with South and Central America.
Continuance of the existing war tax was suggested, as well as the raising of additional internal revenue by a tax on iron and steel, gasoline, automobiles, and bank checks.