"C" board: Norman E. Merrill, Charles W. Sanders, John F. Oettl. Date of board's report: September 23, 1937.

Brief of report: Evidence of the completed investigation showed that the licensed members of the crew, deck officers, with the exception of the master, and the licensed engineers, with the exception of the chief engineer, conducted what is known as a "sit-down" strike on board that vessel on July 31, and subsequent dates, while serving under articles of agreement, signed before the Deputy Shipping Commissioner in New York. Testimony further shows that after the abovementioned licensed personnel had refused duty, that the master gave no direct orders for them to resume their duties. Testimony also shows, except in the case of the second officer, that these men considered the Articles of Agreement broken by the master in that he required them to work in excess of 8 hours per day in violation of paragraph 2, Public, No. 808.

Bureau action: Case dismissed because master gave no orders.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Alleging that an engineer of the S. S. Cassimer was required to work more than eight hours a day.

Place and time: At various times prior to the receipt of an undated letter addressed to Royal S. Copeland by John O'Donnel.

"C" board: George Fried, Karl C. Nielsen, and James Smith.

Date of board's report: May 13, 1937.

Brief of report: Evidence of the completed investigation shows that the engineers of the S. S. Cassimer stood a night watch after working eight hours during the day and that they were paid overtime for standing this night watch; that they were paid this overtime while the vessel was in United States ports but not while in foreign ports and that the overtime work required in foreign ports was required and not voluntary.

Bureau action: As the board investigating this incident reported a violation of section 2, Public 808 on Form 99, as required by Bureau Circular No. 152, the board was directed to close the case without further action.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Alleging undermanning of the motor vessel Challenger.

Place and time: On motor vessel Challenger in Boston Harbor, January 3, 1937. "C" board: Karl C. Nielsen and James Smith.

Date of board's report: March 17, 1937.

Brief of report: Evidence of the completed investigation shows that the MV Challenger arrived at Boston after the seamen's strike had started and that the vessel was under continuous articles, the final port of discharge being New Orleans, La. When the vessel arrived at Boston the crew refused to work, demanding that they be paid off. This was not done. Sailing time was posted at the gangway of the vessel and when that time arrived the crew did not turn to. The lines were let go by the ship's officers and the vessel started out into the stream. As soon as the vessel started out into the stream the crew immediately turned to. A complaint was made that the vessel ran without sufficient crew and that there was not a third mate on board on the voyage from Boston to New York. The master, however, considered that the vessel was sufficiently manned and that he was fully complying with the law, that is to say, section 4463, paragraph 2, "in a run of less than 400 miles from the port of departure to the port of destination, then such vessel shall have two licensed mates-." The board which investigated this incident found that the vessel was manned in accordance with her certificate of inspection.

Bureau action: As there was no evidence of negligence on the part of the master, no disciplinary action was taken in this case. The board was directed to close the case without further investigation.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Conditions existing in the engine room department of the SS Charles R. McCormick. Place and time: On board the SS Charles R. McCormick from March 19 to May 10, 1937.

"C" board: John P. Tibbetts, Winslow D. Conn, San Francisco, California. Board's report date: June 4, 1937.

Brief of report: Evidence of the completed investigation shows that Peter Ingegnier, who made this complaint, was employed as an oiler aboard the SS

Charles R. McCormick, and on March 5, 1937, he alleged that he sustained an injury to his ankle. This injury, he claimed, was caused when he was walking over a deckload of lumber on board the above-mentioned vessel. His ankle was treated by the first assistant engineer and he was instructed to remain off his feet. He neglected to do this and the same evening walked across the deckload again, to the mess room, amidship, repeating the same maneuver the following morning for breakfast. When this man was examined by a doctor, it was ascertained that he was feigning these injuries and the doctor made a statement to that effect before some members of the crew. Subsequent to the above, the position of firemen became vacant and other members of the crew refused to sail if Ingegnier, who held a fireman's certificate, was given the position. The sailing of the McCormick was delayed and it was finally decided that a wiper named Cappelletti be given the position as fireman, which Ingegnier complained of to the Local Inspectors at San Francisco. The board found that there was no violation of the law in the assigning of Cappelletti to the position as fireman. Bureau action on report: The Bureau directed the board to close the case without further investigation.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Refusal of the unlicensed personnel of the S. S. El Vallee to work. Place and time: On board the S. S. El Vallee, Clinton Docks, Houston, Texas, at 10:30 a. m., September 11, 1937.

"C" board: Captain George Fried; Karl C. Nielsen, and James Smith. Date of board's report: None.

Brief of report: No investigation was made into this case as the company withdrew charges against these men. A report submitted by the master shows that a N. M. U. representative came on board the ship at 10:30 a. m., September 9, while the master was ashore and called a meeting of the unlicensed personnel. After this meeting they notified the chief officer that they were refusing to work behind a picket line formed at the entrance of the Morgan Line property, at whose dock they were lying. The unlicensed men also demanded that the chief engineer shut off the steam. Upon the master's return to board he ordered all the men to return to work. All licensed officers performed their duties satisfactorily. The master explained in his report that he instructed the men that they were still under articles and that if they refused any lawful orders their certificates would be subject to disciplinary action. The refusal of the men to work was repeated on Friday, September 10th. The refusal of the men to work was repeated on September 11th. On Saturday, September 11th, at 12:30 a. m., the representative of the N. M. U. and two delegates of the N. M. U. notified the master that the men were ready to assume their duties and sail the ship, whereupon the master proceeded to get the ship under way to Galveston.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Complaint by certain members of the steamship Excelsior against Robert H. Sweeting, master of that vessel.

Place and time: On board the S. S. Excelsior at some dates prior to April 16, 1937.

"C" board: Henry O. Leuders and Thomas W. Reynolds. Date of board's report: June 10, 1937.

Brief of report: Evidence of the completed investigation shows that the complaints of the crew embraced seven charges signed by 27 members of the crew against the master, charging neglect of duties on his part in failing to give attention to the crew quarters and to certain ill members of the crew between the dates of February 27 and April 16, 1937. Further evidence shows that the charges were instituted by a few disgruntled members of the crew who had made trouble during the entire voyage, one of whom was the wireless operator who, himself, circulated the charges for signature and who left the ship at Tampa and none of whom appeared to prosecute the charges. The investigation also developed that some the signers admitted that they had no personal knowledge of the charges and merely signed the complaint to avoid provoking the ill-will of the investigators.

Bureau action: As the investigation showed the charges were entirely unfounded, the board was directed to close the case without further action.

32437-38-pt. 5—6

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Report against the steam vessel Gotham, made by John P. Lodge, able seaman, alleging unsanitary conditions and crew shortage.

Place and time: On board the steam vessel Gotham on several dates prior to June 10, 1937.

"C" board: Chester W. Willett; Thomas W. Gould; Charles A. Tyler; Cleveland, Ohio.

Board's report date: July 29, 1937.

Brief of report: Evidence of the completed investigation shows that on the times which this vessel ran short of seamen, that a report of the fact was made in accordance with the law, by the master; the master also admitted that unopened onegallon pails of paint were placed in the crew's quarters temporarily while the lamp room was being prepared to receive the paint. The master also admitted that certain vegetables were carried in baskets in the crew's quarters, but this was one in order to have sufficient supplies of potatoes, onions, and carrots, and that the condition was remedied shortly thereafter by building additional bins. The master's testimony refuted the fact that the ice box was unclean, and he was sustained in this by other members of the crew of the vessel, and when the vessel was inspected by the local inspectors, unsanitary conditions were not found to be in existence. The complaint also stated that a boy, fourteen years old, was acting as able seaman. Investigation showed, however, that the boy complained of, carried an ordinary seaman's certificate and filled an ordinary seaman's berth on board the vessel, and that he was seventeen years of age. The complaint that the crew's quarters were dirty was partially borne out, but work was under way at the time of inspection with regard to the cleaning and painting of these rooms; and the toilets and baths were found to be operating properly and were in good condition.

Bureau action on report: The Bureau directed the board to report to the Bureau when all the conditions on this vessel had been properly carried out, and to caution the master with regard to sanitary conditions for which he was responsible under the law. The board was also instructed to notify the master that any further reports of this kind would result in disciplinary action against his license.

SUMMARY OF "C" MARINE INVESTIGATION

Misconduct: Alleged insubordination of Omer Swensen, on board the S. S. Indianan. Place and time: On board the S. S. Indianan while preparing to leave the dock at San Diego, California, on April 17, 1937.

"C" Board: Joseph J. Meany; Joseph A. Moody; San Pedro, California. Board's report date: May 4, 1937.

Brief of report: Evidence of the completed investigation showed that the S. S. Indianan was about to sail from San Diego, California; Omer Swensen left the fire room and went on deck to confer with the ship's delegate and was reported for doing this by the chief engineer, to the master, who subsequently reported the same to the local inspectors at San Pedro. The chief engineer's report claimed that Mr. Swensen was endeavoring to interfere with the business of the vessel, in that he was making it his business to find out how many men there were on board in the crew of that vessel. The complainant, the chief engineer, was not present at the investigation to refute the statements advanced by Omer Swensen in his own defense. It was not proven that his conduct interfered with the proper handling of the engines and the entire investigation was indefinite and nonconclusive. The board which investigated this case warned Mr. Swensen that a similar complaint in the future would result in the revocation of any certificate he might hold.

Bureau action on report: The Bureau informed the board which investigated this incident that sufficient evidence must at all times be produced to sustain a definite charge or charges of insubordination, which they had not done with regard to the complaint made by the chief engineer of the S. S. Indianan against Omer Swensen; and further directed the board to close the case.

SUMMARY OF "C" MARINE INVESTIGATION

Complaints: R. E. McGee, as fireman of the S. S. J. J. Coney charged one Ralph Dorsett, first assistant engineer, with assault and battery.

Place and time: The night of May 23, 24, 1937, while that vessel lay at port of Aruba, N. W. I.

"C" Board: Henry O. Lueders and Thomas W. Reynolds.

:

Date of Board's report: August 24, 1937.

Brief of report: Evidence of the completed investigation shows that on the occasion mentioned above the vessel was loading cargo with boilers under steam. At about 11:30 p. m. of the 23rd, R. E. McGee, fireman, and Richard Spencer, oiler, came on board heavily intoxicated and very noisy. When permission was denied these men by the first assistant engineer to take their respective watches, on account of their unfitness from intoxication, they became very boisterous and threatened harm to their two substitutes. On account of this the first engineer remained in the fire room and engine room to keep order there and prevent any interference or harm to the two substitutes, and despite the first assistant engineer's warnings to the above mentioned men to stay out of the engine and fire rooms, they forced their way below and started trouble with their substitutes. When the first assistant engineer attempted to quell the violence of these two men McGee struck the first assistant with a burner pipe, inflicting a bad scalp wound. The first assistant engineer then went to his room, procured his revolver and sent word to the master to come below, after which he returned to the fire room to renew his command to these men that they should leave. McGee again attempted to assault the first assistant engineer, whereupon he fired two shots over McGee's head and when McGee closed with him he used the butt end of his revolver to subdue him. Spencer, who joined in the attack, was subdued in like manner. The master sent for the police, requesting that they be taken to the hospital for treatment and then incarcerated. McGee immediately got away from the hospital, returned to the ship to renew the trouble, and threatened the life of the first assistant engineer.

Bureau action: The Bureau exonerated the first assistant engineer of the accusations made in the complaint by R. E. McGee.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Letter of Mr. John McLean, of Buffalo, New York, relative to alleged conditions on board the steam vessel Kelley Island.

Place and time: Alleged conditions and facts which occurred prior to his undated letter.

"C" board: Henry Johnson, Wallace Tomey, Toldeo, Ohio. Board's report date: June 7, 1937

Brief of report: Evidence of the completed investigation shows that the conditions alleged were not proven. Evidence further shows the Kelley Island's quarters were in a sanitary condition and in accordance with the law. The evidence further shows that the linen in the crew's quarters was changed once every week, which was usual practice. An inspection of the vessel did not show any evidence of vermin in the quarters of the crew and that the drinking water was obtained from shore, from the municipal water supply. There was some evidence that not sufficient attention was being paid to the water being pressed up in the double bottom tanks and the master was instructed, at the completion of the investigation, to carefully watch and have reports made to him with regard to this condition.

Bureau action on report: The Bureau directed the board to close the case without further action, and wrote a letter to the master of the steam vessel Kelley Island, admonishing him with regard the water in the double bottoms to have free surface, and instructed him that if the condition should again exist, the Bureau would take disciplinary action with regard to his license.

SUMMARY OV "c" MARINE INVESTIGATION

Insubordination: Reported insubordination of the officers and crew of the S. S. Liberty Glo.

Place and time: Tocopilla, Chile, on March 19 and 20, 1937. "C" board: George Fried; Karl C. Nielsen, and James Smith. Date of board's report: July 3, 1937.

Brief of report: The evidence of the completed investigation shows that Carlos C. Hall, American consul at Antofagasta, Chile, received telephonic reports from the master of the S. S. Liberty Glo, stating that the crew was in a state of insubordination and refusing to sail while John and Jose Gonzales were aboard, and were also demanding the removal of the master of the S. S. Liberty Glo on grounds of incompetency. On the date before mentioned there had been considerable amount of drinking among the crew and a fight took place in the firemen's fo'castle on March 16, 1937. Immediately after the fight a union meeting was held demanding that the master of the vessel leave two of the crew ashore.

The

consul, in the presence of the master, pointed out the gravity of the situation to the several members of the crew concerned and the possible consequences of their acts involving insubordination. He also instructed the crew that the Chilean authorities would intervene if the acts of insubordination did not cease and further, that he would report all the facts in the case to the United States attorney at New Orleans. The board, after an investigation at which it called all the witnesses it was possible to obtain jurisdiction over, found that the master of this vessel acted properly and as the United States attorney did not consider the matter of sufficient importance to make an investigation the board recommended that the case be dismissed.

Bureau action: The Bureau instructed the board to close this case without further action owing to the record of investigation made by the board and the fact that the U. S. attorney did not consider this case of sufficient importance to present it to the Federal grand jury.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Brought by the master of the S. S. Mariposa against Edward S. Ryan, wine steward, and George L. Bailey, room steward, for being in the first class passengers' quarters and entertaining a woman and a child whom Bailey brought on board the ship.

Place and time: July 21, 1937, on board the S. S. Mariposa while that vessel was in Sydney Harbor, Australia.

"C" board: John P. Tibbetts; Henry V. Barbiere; San Francisco, California. Board's report date: August 21, 1937.

Brief of report: Evidence of the completed investigation shows that the master's report with regard to the actions of these men was proven and that Edward S. Ryan, wine steward, and George L. Bailey, room steward, were in the first class passengers' quarters entertaining a women and a child whom Bailey had brought on board the ship; and that while they were in the passengers' quarters, an argument arose between them and Bailey forcibly removed Ryan from the room of a passenger. During the investigation these two men admitted that they knew their actions to be against the rules and regulations as issued by the board of supervis→ ing inspectors and contrary to law. The board recommended that the certificates of these two men be suspended for a period of ninety (90) days.

Bureau action on report: The bureau approved the recommendations of the board and ordered the suspensions of the certificates of these two men for the above-mentioned period.

SUMMARY OF "C" MARINE INVESTIGATION

Assaults: Assault with deadly weapon, to wit: revolver, committed by Able Seaman George D. Link on Second Assistant Engineer B. Lee of the S. S. Pat Doheny.

Place and time: On board the S. S. Pat Doheny on May 26, 1937, while that vessel was at Port Sulphur, Louisiana.

"C" board: George Fried, Karl C. Nielsen, and James Smith. Date of board's report: August 2, 1937.

Brief of report: Evidence of the completed investigation shows that Able Seaman Link fired five shots at the second assistant engineer, B. Lee, on board the S. S. Pat Doheny at about 5 o'clock p. m., on May 26, 1937, while that vessel was alongside the dock at Port Sulphur, Louisiana. Evidence further showed that there was considerable friction between certain members of the crew and certain officers due to membership in different labor organizations. On May 26, 1937, at about 2 a. m., the chief engineer and the second assistant engineer had trouble with certain members of the crew on the dock, shortly after which the members of the crew went ashore again, with the exception of Able Seaman Link, who came on board and asked the second officer if he had a gun. At about 5 o'clock, the second assistant engineer came over the gangway, where he was met by the master who inquired into the trouble. Link, who was at that time standing on the forward end of the poop came forward and fired five shots at the second engineer, wounding him severely. Able Seaman Link was then disarmed and turned over to the local authorities and the second assistant engineer was transferred to the hospital. It was later ascertained that Link was released on $500 bail pending trial and that the second engineer, as a result of the wounds he received, was crippled for the remainder of his life. It was also developed at the investigation that the chief engineer became temporarily insane after the shooting.

Bureau action: As the master of this vessel reported this incident to the U. S. district attorney, the Bureau's action consisted of revoking the certificate of Seaman George D. Link as able seaman No. 187853.