The CHAIRMAN. The next case, No. 7, occurred on April 22, 1937. It reads:

On April 22, 1937, the consul at Bombay, India, reported disgraceful conduct of the members of the crew of the S. S. President Adams, pointing out that, indicative of the loss to American shipping due to these conditions, whereas the vessels of the Dollar Line left Bombay two years ago with full passenger lists, the S. S. President Adams took on only 13 passengers.

This is compared with the lack of accommodations available on ships of other nationalities during the coronation period, even though the number of ships on the run has been doubled.

Do you have a report on that?

Commander FIELD. That has not been completed as yet; it is an open case.

The CHAIRMAN. The eighth incident reads:

On August 28, 1937, the consul at Genoa, Italy, reported disgraceful conduct of some of the crew of the S. S. President Adams while in Naples and that protests had been received by local authorities. It appeared that there had been considerable trouble with the crew on board and that there was absolutely no discipline. The consul said:

"The important undeniable fact is that the crews of many American ships' particularly those sailing in eastern waters, are being stampeded and bullied by bad agitators, and the result may be little short of disastrous," and that "the traveling public is beginning to talk about the scandal of these undisciplined American ships and of the unethical familiarity of the crews and officers, with the result of lack of discipline."

Have you anything on that case?

Commander FIELD. Well, I have the report from the State Department consul at Naples on August 27 and another report from the consul at Genoa, a continuation of the same incident, on August 28. There was a disturbance at Naples on August 24 when the President Adams was sailing and 11 members of the crew were left behind. The consul arranged for their transportation to Genoa the next day, where they rejoined ship.

The consul at Genoa made further statements under date of August 28 regarding the Naples incident, and there were also statements from passengers as to the lack of discipline.

There was no action taken by the Bureau in this case.

The CHAIRMAN. Are experiences such as those we have spoken of here common to vessels of other countries?

Commander FIELD. I do not believe so, sir; I think that they are peculiar to the American merchant marine.

Senator VANDENBERG. You say you took no action in that case. Do you mean that it proved to be out of your jurisdiction?

Commander FIELD. No, sir; I would not say that. I have several reports here as to which we have not taken any action; I just jotted down little statements as to what the situations were. Would you like to have that in the record now?

The CHAIRMAN. Yes. Go ahead. Commander FIELD. During the months of August, September, October, and November 1937, a great many reports were received in the Bureau requesting that investigations be held, looking into alleged misconduct on the part of officers and unlicensed personnel on board ship.

In each case where a definite statement involving specific persons was addressed to the Bureau, an effort was made to conduct such an

investigation. A great many investigations have been held, and the records and reports are coming in all of the time. The personnel available in the Bureau for reviewing these records is limited, with the result that we are considerably far from being up to date in our actions on them.

Due to the press of work and due also to the frequency of reports which, by their vagueness, would not justify investigation, we have in some cases failed to take any action.

It is my hope, after this law has been in effect a while longer, and after we have been able to improve our organization, to be able to insure that all matters which should be investigated by the Bureau will be investigated promptly and proper action promptly taken and announced. It is true that masters of ships, in many cases, faced with an apparent opposition to their will on the part of members of the crew, have not attempted to assert their authority, not to take the action which by law and tradition masters have generally taken in such cases, and have simply thrown up their hands and reported to their owners that they had a strike on their hands. In many such cases, where the masters have shown a proper firmness, the difficulties have been overcome promptly.

I have here a résumé of some cases in which the Bureau has taken no disciplinary action.

The CHAIRMAN. Why does not the master do what is his duty according to the tradition of the sea?

Commander FIELD. In some cases I would say, sir, due to his weakness and unfitness for his job; but in the majority of cases due to fear of reprisal against him by the union activities.

The CHAIRMAN. Is it recognized in maritime circles that in theory, at least, the captain of the vessel is really the master?

Commander FIELD. Oh, yes.

The CHAIRMAN. That is the tradition of the sea, is it not?
Commander FIELD. Certainly.

The CHAIRMAN. Is it the feeling in your Bureau that for certain reasons there is a general breakdown in morale, so far as the attitude of captains may be considered? In other words, is this a new situation. on the sea? Is it only recently that there has been this fear of reprisals and, consequently, this flabbiness in their functioning?

Commander FIELD. I would not call it a general breakdown, but certainly a decided falling off from the proper standards. This situation, as I understand it, has been built up in the last 3 or 4 years, since the union activities have become so much more powerful.

The CHAIRMAN. Do you hear of a similar let-down of discipline in foreign ships?

Commander FIELD. No, sir.

Senator DONAHEY. Do you mean that union activities have made the skippers or masters fearful for their own welfare?

Commander FIELD. Not for their own personal welfare or bodily welfare, but for their jobs.

Senator VANDENBERG. You do not mean to say that in every instance if the captain stood his ground he could not successfully meet these situations, do you?

Commander FIELD. No, sir; I mean to say that in a great many instances if he would adopt a firm stand at the time the trouble comes up, he could overcome it without any difficulty.

Senator VANDENBERG. I should like to follow through, if you do not mind, one case, Mr. Chairman, which is typical and which falls within the time limit that Commander Field has been discussing.

I think Commander Field's attention has been drawn to the case involving the S. S. President Taft, concerning the incident which occurred at Cristobal, Canal Zone, on the morning of September 16, 1937. I am referring to a letter which was addressed to Mr. Kennedy. Chairman of the Maritime Commission, signed by three officers of the President Taft. I am referring to an utterly insufferable situation. Commander Field, will you discuss that in your own way?

Commander FIELD. Yes, sir. Under date of September 18, 1937, three officers of the S. S. President Taft wrote a letter to Mr. Joseph P. Kennedy, Chairman of the Maritime Commission, a copy of which letter was sent to me under date of September 21, 1937, by Mr. Louis Bloch, labor advisor, Maritime Commission, in which letter Mr. Bloch stated:

Since the matter referred to in this letter is within the jurisdiction of your Bureau, we are referring it to you for whatever action you may deem appropriate. Do you want that letter read into the record?

Senator VANDENBERG. I think it has already been read.

The CHAIRMAN. It was read into the record the last time.

Senator VANDENBERG. I think the committee is familiar with it. I would like to know what you did, what you found, and what the result has been.

The CHAIRMAN. That letter may be found in the typewritten record of December 16, 1937, at page 18.

Senator VANDENBERG. I suggest that the letter be printed in the record at this point, without a reading of it.

The CHAIRMAN. Yes.

(The letter referred to is as follows:)

In the belief that your Commission is founded upon fairness and equal treatment for all, which should include equally officers entrusted with the responsibility of operating American vessels as well as drunken irresponsible crews carried thereon, we the undersigned officers of this vessel respectfully request that you designate some member of your organization to conduct an investigation tending toward the punishment, and curbing in the future, the conduct and actions of certain members of the unlicensed personnel such as took place at Colon the morning of September 16th, the present voyage.

Briefly the facts of the incident are as follows:

Vessel scheduled to sail at 1:00 a. m. on arrival and notices so posted. At sailing time some eight or ten members of the crew were still on shore including two who were being held in jail by the local police for drunkeness and assault. At 1 a. m. with towboat, canal pilot, and dock force all standing by in readiness to sail, the deck force refused to let go the lines until their union brothers returned to the ship. Many of the men in all three departments were intoxicated and much arguing and brawling was going on about the ship and in the vicinity of the gangways. When being ordered by the master to let go the lines the crew retorted that they would sail the ship when they felt like it. Orders were then given to clear the after lines by any means possible including cutting them adrift if necessary. The two stern lines were hove aboard by the chief officer assisted by four ordinary seamen whom the balance of the crew had not as yet been able to coerce into refusing. The spring line was cut adrift by the first officer in order to prevent it fouling the propeller. Ship was worked ahead by the towboat and the bow lines cast off and left dragging in the water. We backed clear of the dock and turned around in the harbor and then served notice upon the crew that unless they turned to a charge of mutiny would be placed against them. It was our intention to, if necessary, tow the vessel out through the breakwater onto the high seas. The assistance of the engineers below, however, made this unnecessary and we proceeded under our own power.

After the usual discussion among the crew they turned to and prepared the ship for sea, the missing members having been placed on board by Canal Zone launches. Word had evidently reached them in the "gin mill" where they were hanging out that the ship was backing away from the pier. Thus we added one more disgraceful sailing of an American passenger ship to a list that is far too long already. We believe that if your Commission would, after a fair investigation, suspend or revoke the certificates of such members of the various unions as instigate these affairs and such members as are habitual drunkards, brawlers and users of filthy and obscene language about passenger decks and gangways at sailing time, equally as an officer would be treated under like circumstances, much could be done to curb and improve conditions which are fast becoming intolerable aboard American passenger vessels.

Commander FIELD. I must say, Senator, that I believe in this case an investigation should have been conducted and was not conducted. Senator VANDENBERG. Do you mean that it should have been conducted by your Bureau?

Commander FIELD. Yes, sir.

Senator VANDENBERG. Do you mean that as a result of the lack of investigation you have no facts to give us in the case?

Commander FIELD. Yes, sir. Although it has no bearing on the failure of my Bureau to take action, I have a statement on the same condition, submitted by one Frank J. Hennessy, deck delegate, to whom the master made references in his log.

The CHAIRMAN. Does he make a defense?
Commander FIELD. He says:

Mr. KENNEDY,

Chairman U. S. Maritime Commission,

45 Broadway, New York, N. Y.

What does he say?

DEAR SIR: I have been instructed by the deck crew of this vessel to explain to you briefly an incident that happened in Colon, Canal Zone.

The vessel was due to leave Colon at 1:00 a. m. September 16, and a half hour before that time the captain told the mates that if the gang was not aboard at 1:00 a. m. to chop the lines. The chief officer was informed at sailing time that the carpenter, six A. B.'s and an ordinary seaman was still ashore and the gear and hatches were still not secured. The captain said that he was not interested and to let go the ship.

The men on board naturally refused to do this as they had already experienced going to sea improperly secured. When the ship left San Pedro Harbor the booms were not lashed and the strongbacks just laying on the hatches. Also the lines were left on deck. The ship hit a blow in the Gulf of Lower California and all hands had to be broke out to secure the ship.

And here the master wants to head out into the Caribbean Sea without the booms down or the hatches even battened and eight men from the deck department still ashore.

The mate aft started to chop the spring line but the axe was so dull he had to take the lines in aft; then the ship run ahead a little and the bow lines were thrown off the deck and left hanging in the water. But, before the bow lines were let go, the missing men were on the dock. The captain hollered down that the company would not be responsible for getting the men aboard, so they rented a launch and caught the ship out in the stream. The captain's words to the quartermaster at the wheel were, "I have a case against them now." So you can plainly see that he is trying to bring about trouble between himself and the crew.

He has entered in the ship log that the gear was secured at 12:00 midnight which is a deliberate lie as we can prove. The gear was not completely secured until

3:30 a. m.

It is the respectful request of the deck crew of this vessel that you investigate this matter upon our arrival at New York September 21.

Respectfully yours,

(Signed) FRANK J. HENNESSY,
Deck Delegate.

This letter, if I remember correctly, was received sometime after the report from the three officers.

As I said before, the action of the Bureau in this case was not complete, and I assume full responsibility for it. I believe that in this case we failed to investigate a matter which should have been investigated.

The CHAIRMAN. Not with any thought of criticism, but as a matter of interest, why did you not make that investigation?

Commander FIELD. Well, I will tell you frankly. I had been in office at that time for about 3 weeks and was loaded down with these investigations. More requests were coming in every day, and I assume that the reason why I did not push it was that I was so busy with other matters that it slipped my mind. However, someone in the Bureau telephoned to the shipping commissioner in New York, because we have a letter from him which partially covers the matter. The CHAIRMAN. That is, from Mr. Daly?

Commander FIELD. Yes. It partially went into the thing.
Senator VANDENBERG. I should like to hear that letter.
The CHAIRMAN. Mr. Daly is here.

Commander FIELD. Mr. Daly's letter touched on that and also touched on another incident.

Under date of December 23, 1937, in a letter addressed to the Director of the Bureau of Marine Inspection and Navigation, Mr. Daly, the United States shipping commissioner in New York, wrote:

Enclosed please find excerpts from the official log book of the steamship President Taft, referring to crew trouble in Cristobal, Canal Zone, September 16, 1937. You will notice that no penalties were imposed.

The under-named members of the crew were paid off at New York September 22, 1937, one of whom is Steven Patterson, who is mentioned in the captain's entry of the official log book.

I shall omit those names and also a paragraph referring to another ship.

Senator VANDENBERG. All right.

Commander FIELD (continuing reading):

The statement made by the master and chief engineer to the U. S. Maritime Commission, setting forth the circumstances, was promised to me by the master for this afternoon. However, up to this writing I have not received it. Should it arrive before I leave the office, I will mail it to you under separate cover. That is unessential, because a copy of the same report, presumably, was sent to me.

STATEMENT OF JOHN J. DALY, UNITED STATES SHIPPING COMMISSIONER, NEW YORK, N. Y.

The CHAIRMAN. Do you remember the case, Commissioner Daly? Commissioner DALY. Yes; I remember the master coming in and telling me about it, but when the deputy commissioner went over to the ship there were no penalties imposed, and there was no question between the master and me.

The CHAIRMAN. That is to say, if any penalty is imposed, you would have no jurisdiction?

Commissioner DALY. Absolutely none.

Commander FIELD. So far as the shipping commissioner is con

cerned.

Commissioner DALY. The matter should be taken up with the local inspectors for hearing or for revocation of licenses, whichever the Bureau wants to do, and that is entirely out of my jurisdiction.