SUMMARY OF "C" MARINE INVESTIGATION

Crew shortages: Alleged crew shortage on board the S. S. Pawnee, made by J. Cook, National Maritime Union.

Place and time: On board the S. S. Pawnee during the voyage from New Orleans, La., August 22, 1937, enroute to Tampa, Florida.

"C" board: Samuel O. Larche and James B. Cobb.

Date of board's report: September 16, 1937.

Brief of report: Evidence of the completed investigation shows that during the labor dispute on Saturday, August 22, the original crew on board the S. S. Pawnee was replaced by another crew whom J. Cook charged were incompetent and without proper certificates. All the members appeared before the investigating board and produced proper certificates and from the testimony adduced it was also found that the vessel had sailed short one able seaman. This fact was reported as a violation of section 2, Public, 808, by the local inspectors, Tampa, Florida, on Form 99.

Bureau action: As the investigation showed that the crew of the S. S. Pawnee all held certificates of service and proper certificates of qualification, the Bureau directed the board to close this case without further action.

SUMMARY OF "c" MARINE INVESTIGATION

Complaint: Report via the Secretary of State to the Secretary of Commerce signed by Winthrop Scott, American consul general at Kobe, Japan containing statements with regard to the master and crew of the steamship President Cleveland. Place and time: Kobe, Japan, on board the President Cleveland, July 19, 1937. "C" board: George Fried, Karl C. Nielson, Knud L. Hanson. Date of board's report: September 21, 1937.

Brief of report: Evidence of the completed investigation shows that the master was short one seaman in Kobe, Japan, and applied to the American consul in that port for an additional seaman. The consul supplied a man who various witnesses defined as a man who was everything from a proper seaman down to the most unkempt of beach combers. Evidence further showed that this man was intimidated to some extent by the crew. Further evidence shows that the entire evidence in this case was conflicting, and the man did not join the vessel.

Bureau action: The Bureau instructs the board who conducted this investigation that, "your board apparently neglected to give proper consideration to the report of Winthrop Scott and you did not develop testimony which would clearly show what transpired with regard to this event. The Bureau further directed the board to conduct their questioning toward the developing of the point in question, and not to allow witnesses to answer questions which apparently were either absolutely untruths, or answers which would show a direct lack of knowledge.

SUMMARY OF "c" MARINE INVESTIGATION

Non-compliance with Public, 808: Charges that Public, 808, was violated made by certain officers of the S. S. President Harding.

Place and time: On board the S. S. President Harding on certain dates in April and May 1937.

"C" board: Karl C. Nielsen and James Smith.

Date of board's report: August 18, 1937.

Brief of report: Evidence of the completed investigation shows that on board this vessel three senior officers are always kept on watches and three junior officers are assigned to duty watching cargo. The first officer is held responsible for the mail and baggage and is generally considered the cargo officer on board the vessel. According to the first officer's own testimony in this case in connection with the three voyages during the months mentioned he had never been called out on his watch below to personally superintend the loading or discharging of cargo, mail, or baggage. Evidence further shows that the only overtime work done by the officers on the voyages in question was when the officers were on stand-by entering or leaving port. Evidence further showed that these officers are called upon from time to time either on watch or off watch by stevedores and by others concerned, to give directions with regard to certain specific duties which they are required to perform and which is in violation of Public, 808.

Bureau action: As the incident above referred to was reported on Form 99 as a violation of Public, 808, by Edward P. White, U. S. principal traveling inspector, the Bureau directed the board to close the case without further action.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Made by certain members of the crew against the master of the S. S. President Jefferson.

Place and time: On board the S. S. President Jefferson at different times prior to September 1, 1936.

"C" board: Daniel B. Hutchings; William M. Campbell; Seattle, Washington. Board's report date: November 17, 1936.

Brief of report: Evidence of the completed investigation shows that the President Jefferson, owned by the American Mail Line, was detained at Shanghai, China, because the majority of the deck crew refused to unmoor the ship until the hatches were properly covered. The ship was unmoored by the licensed per-sonnel, and proceeded down the river to Woo Sung, where C. E. Gauss, Consul General of the United States, boarded the vessel and conducted an investigation into the complaint made by the certain members of the crew. After he had completed his investigation he decided the complaint was unfounded and directed the crew to return to duty. The vessel proceeded, arriving at Seattle on September 16, 1936. A delegation of the crew then went to the office of the local inspectors in that port and presented a complaint against the master of the vessel. At this investigation all the members of the crew who appeared to give testimony, with one exception, Irvin M. Smith, walked out. The board found that no useful purpose could be served by subpoenaing the complainants, and recommended the case be dismissed.

Bureau action on report: Upon review of the entire record, which consisted of (1) The complaints of the crew: (2) copies of the log book of the S. S. President Jefferson; (3) depositions by certain officers of the vessel; (4) and a report of the American Consul General; the Bureau directed the board to close the case without further action, as the charges brought by the seamen against the master werewithout foundation.

SUMMARY OF "C" MARINE INVESTIGATION

Misconduct: Charges of misconduct placed against Bert S. White, fireman on the S. S. President Wilson.

Place and time: On board the S. S. President Wilson, June 30, 1937. "C" board: John P. Tibbett and Winslow Conn.

Board's report date: July 28, 1937.

Brief of report: Evidence of the completed investigation show that this man was reported by Joseph D. Ryan, chief officer and Henry Schoepp, first assistant engineer, to Captain D. C. Austin, the master of the S. S. President Wilson as follows: "About 7:45 p. m., June 30, 1937, in the Port of Honolulu, Bert S. White, fireman employed aboard the President Wilson, was in an intoxicated, boisterous condition, using foul and obscene language in the passenger quarters at the purser's office." The report further states that when disciplinary measures were resorted to that White became bellicose and pugnacious and that it was necessary to forcibly subdue him. The log of the ship also carried this man as absent from duty without permission on several occasions and that he also was guilty of assaulting the ship's plumber and shore workmen on June 25, 1937. The testimony of the investigation further shows that a witness, one Arlo Myers, who was produced by Bert S. White, stated that White was so under the influence of liquor that he ran into him and they both fell on the deck, and that White himself admitted that he was under the influence of liquor and at fault in an argument which he stated he had with the officers of the vessel.

Bureau action: The certificate of Bert S. White, C-23479, was suspended for a period of 30 days.

SUMMARY OF "C" MARINE INVESTIGATION

Assault: Charges of assault placed against Raymond W. Martineau and Bernard Davis, committed upon the chief officer of the S. S. President Wilson. Place and time: S. S. President Wilson, June 8, 1937, Hong Kong, China.. "C" board: William Fisher, John P. Tibbett, Winslow Conn. Board's report date: October 30, 1937.

Brief of report: Evidence of the completed investigation shows that Martineau and Davis were convicted in a civil court for assault on the chief officer and that both men plead guilty before the board investigating the incident to striking the chief officer. An investigation conducted by Howard Donovan, American consul, shows "that these men were fined $150 and $100 H. K., respectively, by

a marine magistrate, which fines were paid and the alternatives to these fines. being six weeks and 4 weeks in jail, respectively. The marine magistrate characterized Davis' assault on the chief officer as "particularly savage" and the entire incident with its attendant publicity served to lower still further the prestige of the American merchant marine in Hong Kong, which, it is to be said, has about reached its nadir.

Bureau action: The Bureau suspended all certificates issued to Raymond W. Martineau and to Bernard Davis for a period of six months.

SUMMARY OF "c" MARINE INVESTIGATION

Misconduct: Charges of misconduct placed against William Gardner, able seaman on the S. S. President Wilson.

Place and time: On board the S. S. President Wilson during the voyage from May 14 to July 7, 1937.

"C" board: John P. Tibbett and Winslow Conn.

Board's report date: July 27, 1937.

Brief of report: Evidence of the completed investigation shows that William Gardner admitted that he was engaged in a fight on board that ship and that he had a fire axe in his hand at the time and that he also admitted leaving the ship at Hong Kong but did not intend to desert the vessel. The reason for his missing the ship, he stated, was that he was drunk. He also admitted that. he missed the ship at Kobe and that he further demanded to be paid off at Honolulu, and when his demand was refused he stated, "I will not do any more work." Bureau action: The able seaman's certificate and life boat certificate held by William Gardner were suspended for a period of 30 days.

SUMMARY OF "C" MARINE INVESTIGATION

Misconduct: Charges of misconduct placed against James Cole, able seaman of the S. S. President Wilson.

Place and time: On board the S. S. President Wilson during the voyage of May 14 to July 27, 1937.

"C" board: John P. Tibbett and Winslow Conn.

Board's report date: July 26, 1937.

Brief of report: Evidence of the completed investigation shows that this man had the opinion that if he became intoxicated during the time when he was off watch but was sufficiently sober to stand his watch, no offense would have been committed. He also admitted that he came aboard the vessel in an intoxicated condition and that due to his condition he was unable to take his assigned watch. Bureau action: The certificates held by James Cole were suspended for a period of 15 days.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Anonymous complaint from a person employed on the steam vessel Robert J. Paisley, alleging that steam vessel was not carrying the required number of scamen.

Place and time: On board the steam vessel Robert J. Paisley prior to October 7, 1936.

"C" board: Henry Johnson; Wallace Tomey; Toledo, Ohio. Board's report date: October 19, 1936.

Brief of report: Evidence of the completed investigation shows, together with the muster of the crew on board, that the required number of seamen was being carried at the time the investigation was held. Evidence further shows that the men on board the vessel, both licensed and certificated, had no complaint to make with regard to the hours of labor. The board recommended the case be dismissed.

Bureau action on report: After a careful consideration of the testimony, the Bureau found that the allegations contained in the complaint were neither substantiated nor proven, and directed the board to dismiss the case.

SUMMARY OF "C" MARINE INVESTIGATION

Assault: Assault committed by one Francisco Figuero, a Puerto Rican, able seaman, upon John Gaines, colored stevedore.

Place and time: On September 29, 1937, at about 11:30 a. m. on board the S. S. Sagadahoc while that vessel was lying in the wharf in New Orleans, La. "C" board: Samuel Larche and James B. Cobb.

Date of board's report: October 4, 1937.

Brief of report: Evidence of the completed investigation shows that Figuero came aboard in a drunken condition and when near number 3 hatch almost fell overboard, John Gains, a colored longshoreman put his arm around him and led him to the wharf, after which Figuero became very abusive. Figuero's shipmates then took charge of him and took him to the forecastle. He, however, later returned and attempted to assault Gains and other colored longshoremen, after which the local police were called and he was arrested. Figuero was later tried and sentenced to 30 days in jail for disturbing the peace. Bureau action: The certificates held by Figuero as able seaman and lifeboatman were suspended for a period of six months.

SUMMARY OF "c" MARINE INVESTIGATION

crew

Complaint: American Able Seaman, No. 084444, with reference to shortage on the Socony Vacuum Oil Company tankers running between Albany, New York, and Cleveland, Ohio.

Place and time: Prior to June 18, 1937.

"C" board: Iver Rolseng; William B. Smith, Buffalo, New York. Board's report date: September 28, 1937.

Brief of report: Evidence of the completed investigation shows that these vessels have not been operated in violation of the law, except when in the judgment of the master it was found necessary to work the men off watch in order to maneuver the vessel while locking through the Welland Canal. Evidence further showed that great consideration had been given by the U. S. supervising inspector and the local inspectors with regard to the manning of the vessels mentioned in the complaint. The evidence also showed, however, that the testimony of the officers and the crew had worked in excess of eight hours a day on certain specific work, which is contrary to the law. The board recommended that the case be

dismissed without further investigation.

Bureau action on report: The Bureau instructed the board that their findings were not in accordance with the testimony, and directed the board to report the violation on form No. 99, in accordance with Bureau circular letter No. 152.

SUMMARY OF "C" MARINE INVESTIGATION

Assault: Stabbing of Seaman Louis Corney, a member of the crew of the S. S. Steel Ranger, by one Esco Pigott, a member of the crew of the S. S. Steel Ranger. Place and time: At about 1:00 a. m., May 10, on board the S. S. Steel Ranger. "C" board: Karl C. Neilsen and James Smith.

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

Brief of report: Evidence of the completed investigation shows that Messman Louis Corney had been causing dissatisfaction in the seamens' messroom of this vessel during the entire voyage and that he was warned by the master and later disciplined by being demoted. Corney had quarreled with Pigott because he, Corney, had slept in Pigott's hammock. Just prior to the departure of the vessel from Madras, India, on May 10, 1937, Pigott again discovered Corney sleeping in his hammock and both men came to blows during which altercation Corney was apparently stabbed by a clasp knife in Pigott's possession. Pigott was arrested and Corney was hospitalized. Corney recovered rapidly and when Pigott was brought to trial by the local authorities Corney stated that as far as he was concerned the affair was settled. After this statement the local authorities acquitted Pigott.

Bureau action: The Bureau directed the board to dismiss the case without further action.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Chief engineer of the S. S. Trimountain charged he was assaulted by Fred J. Boudreaux, third assistant engineer.

Place and time: Deer Park, Texas, September 10, 1937. "C" board: Andrew A. Miranda and H. F. Cobb.

Date of board's report: October 2, 1937.

Brief of report: Evidence of the completed investigation shows that the S. S. Trimountain was in the dock at Houston, Texas, and that while that vessel was there Boudreaux was relieved of his duties as third assistant engineer. Boudreaux left the vessel at 11:15 a. m. At about 12:15 p. m. a representative of the M. E. B. A. entered the chief engineer's room and stated that Boudreaux was aboard the vessel and wished to have a conference. Shortly thereafter Boudreaux entered the chief engineer's room and without the chief's permission, and in

quired of the chief engineer as to why he had been dismissed. Testimony further showed that the cause of Boudreaux's dismissal was that he had refused to comply with the first engineer's request that he obtain either a continuous discharge book or a certificate of identification to comply with the new seamen's laws. During the course of conversation Boudreaux lost his temper and struck the chief engineer in the face, knocking him off his chair and over onto the floor. Before the chief engineer could arise the representative of the M. E. B. A., succeeded in getting Boudreaux out of his room and off the ship.

Bureau action: The license of Fred J. Boudreaux as third assistant engineer was suspended for a period of thirty days.

SUMMARY OF "C" MARINE INVESTIGATION

Conditions: Report of conditions on board the S. S. Ulua made by Frank J. Roche to Mr. Billings Wilson, board authority, New York.

Place and time: Voyage of the S. S. Ulua from May 8, to May 27.

"C" board: Karl C. Nielson and James Smith.

Date of board's report: November 28, 1936.

Brief of report: Evidence of the completed investigation shows that Frank J. Roche made a written report with regard to all fire appliances, such as hose, extinguishers, axes, etc., together with their appurtenances and the smoke detecting system of the above-mentioned vessel. The board which conducted this investigation also wrote to the complainant, Frank J. Roche, stating that they were investigating the conditions which were complained of by Roche and requested that he appear on the date of investigation, but he failed to do so, nor had he appeared for one month subsequent to the investigation. The board having the proper authority dispatched the assistant inspectors to the S. S. Ulua and requested them to make a report of all the apparatus on board that steamship and the report made by them was favorable. Evidence obtained from the chief officer of the vessel showed that when Roche reported on board the vessel as a watchman he announced to the chief mate that he would be in charge of the ship with regard to fires and that apparently Frank J. Roche, who signed himself "Ret. Captain" had never been to sea before.

Bureau action: The Bureau, upon review of this case found that there was no negligence on the part of any licensed officers and that the accusations set forth in the complaint were not sustained.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Report of misconduct.

American Pioneer Line reported that the master of the motor ship Ward, one Thomas Evans, was assaulted by one Armand Paolantonio.

Place and time: On board the motor ship Ward in San Pedro Harbor September 30, 1937.

"C" board: Joseph J. Meany, Joseph A. Moody.

Date of board's report: November 1, 1937.

Brief of report: Evidence of the completed investigation shows that Armand Paolantonio, a messman on the motor vessel Ward committed an assault on Thomas Evans, the master, while that vessel was in San Pedro Harbor on September 28, 1937. On October 28 Paolantonio was placed on trial in the Federal court at Los Angeles, California, and convicted, and a sentence of 45 days in the county jail to be designated, was imposed. Evidence taken before the "C" marine investigation board shows that Paolantonio did commit this assault on the master Thomas Evans as proven at the district court.

Bureau action: The Bureau revoked the certificates of service held by Armond Paolantonio.

SUMMARY OF "C" MARINE INVESTIGATION

Complaint: Robert Amundsen, boatswain on the S. S. Washington, stated that he was assaulted by the second assistant engineer of that vessel, one William A. Gower.

Place and time: While the S. S. Washington was in harbor at New Haven, Connecticut, on the 2nd of February 1937.

"C" board: Alva R. Chapman and Harvey C. Colgin.

Date of board's report: May 18, 1937.

Brief of report: Evidence of completed investigation shows that Amundsen, who made the complaint, went to Mr. Gower's door on the evening in question while the vessel was at New Haven. Amundsen had been 'drinking. Testimony