EXHIBIT 4

REPORT OF AMERICAN CONSUL GENERAL, ANTWERP, BELGIUM, DATED SEPTEMBER 27, 1937

At the request of Soren Sorrensen, captain of the steamship Black Gull, of the Black Diamond Lines, I have the honor to enclose, for such disposition as the Department may consider appropriate, the sworn statements of Captain Soren Sorrensen, of Third Mate Stanley Packlick, and the statement of Joseph Williston, seaman, which he refused to sign.

The enclosed statements relate to an alleged attack by the seaman Joseph Williston on the Third Mate Stanley Packlick. The consul who investigated the affair, however, is of the opinion that the importance of this fracas has been greatly exaggerated and did not find it necessary to discharge the seaman in the port of Antwerp for insubordination. Indeed the captain himself wished no action taken in Antwerp other than to have these statements recorded.

It appears that Joseph Williston is the seamen's union leader and that he has been responsible for the agitation in which the seamen have been indulging on board the Black Gull for some time. The captain, consequently, is desirous of bringing a charge of assault and battery against him upon arrival in New York in order to have him removed from the crew.

The boatswain, who was a witness to the trouble, has been interviewed in this connection but refuses to make a statement of any kind. A seaman of Greek origin, known to his shipmates only as Harry, was also apparently a witness.

Soren Sorrensen, captain of the steamship Black Gull of the Black Diamond Lines, being duly sworn deposes and says as follows:

"At about 9.35 p. m., September 23, 1937, the above named ship being just prepared for sea at Rotterdam, it was reported to me that seaman Joseph Williston had verbally insulted Mr. Stanley Packlick, the third mate, who was then attending to his duties. Mr. Packlick ignored said insults, according to reports made to me, and finally told this man to proceed back to his quarters. Williston, instead of going back to his quarters, assaulted the third mate by striking him in the face with his fists."

Stanley Packlick, third mate of the steamship Black Gull of the Black Diamond Lines, being duly sworn deposes and says as follows:

"I was on duty at 8 o'clock p. m., September 23, 1937--I don't know the exact time when he (Joseph Williston) made a remark, and I passed it up. About ten or fifteen minutes later, when I was standing on the after-deck of the amidships deck, the man made another remark, and so I thought it best to advise him to go back to the after-deck as they were starting to close the hatches at this time. I thought it best to advise him to go back to the bunk; whereupon he made a foul remark of what he would like to do to me. I told him that he had better go back because he might be hit by one of the beams flying around; and when I advised him to return to his quarters, he made an attempt to come forward. I was not running away from him nor did I want to start any trouble either, so the boatswain came between us and also advised him to return to his quarters, and he still made a step forward; and as I was standing there knocked me on the chin. I thought it best to let it go, and walked away. I then reported it to the first officer."

Joseph Williston, seaman of the steamship Black Gull of the Black Diamond Lines, being duly sworn, deposes and says as follows:

"I came on board the ship a little before sailing and I was standing by the mess room and there saw two men, one was the boatswain and one of the AB's. I wanted to go aft and the boatswain made some remarks about the third mate and I made another one about the third mate. I did not know the third mate was present at the time. The first thing I know was that the third mate came up and hit me so the boatswain and the AB stepped between us and that is all there was to it except that I got my coat turn. I was not drunk at the time, I had had a few drinks but I was not drunk. The third mate advanced on me, I did not know the third mate was present. He assaulted me and he is bringing a charge against me. I think, however, it is to get me out of the ship, as this matter is of no importance at all, because of the part I have taken in agitation on board the ship for better conditions for the crew.

"I have made no agitation on the ship since leaving New York-this is my fourth trip."

JOSEPH WILLISTON,
(Not signed).

EXHIBIT 5

REPORT OF AMERICAN CONSUL, Bordeaux, FRANCE, DATED SEPTEMBER 1, 1937 I have the honor to report that Capt. Clifton Smith, master of the S. S. Schodack, of the America France Line, complained to me yesterday morning of crew difficulties.

He stated that the ship docked in Bordeaux at 11 a. m. on August 29th, and that because it had failed to make port on Saturday, and thus afforded an uninterrupted week-end in port for the crew, the union delegate aboard demanded a day off for all hands. The master explained the difficulties involved in granting a day off and refused to give the permission. On Monday night, immediately after supper, the crew left the ship, with the exception of the boatswain, regardless of necessary work to be done. As they were leaving, the master emphasized the fact that the ship must shift its position that evening, in order to catch the tide, and that the crew would be required by 10 p. m. At 11 p. m. not a man had returned, and the vessel's position was shifted by the master, his four officers, and the boatswain. Some of the men did not return until 3 a. m. the next day. Captain Smith assures me that the entire crew is organized by the C. I. O. Respectfully yours, W. PERRY GEORGE, American Consul.

EXHIBIT 6

REPORT OF AMERICAN CONSUL, KOBE, JAPAN, DATED JULY 23, 1937

I have the honor to refer to an incident which recently took place in connection with the arrival at this port of the steamship President Cleveland, of the Dollar Steamship Lines, which is typical of the deplorable lack of discipline which now seems to be the rule on American ships.

Captain C. Jokstad, of the S. S. President Cleveland, called at the consulate on the morning of July 19, 1937, to attend to matters pertaining to the ship. He inquired if there was a seaman available at this port to fill a vacancy in the engineering department, caused by a wiper who failed to rejoin at Shanghai. It happened that there was available an American citizen and bona fide American seaman named Ed Shaffer, who had been discharged at Moji from the British S. S. Tower Crown and brought to Kobe by the vessel's local agents, Messrs. Dodwell and Company. Shaffer was brought to the consulate and, being in possession of an American seamen's continuous discharge book (No. 142913) and a wiper's certificate (No. E89718) issued by the United States Department of Commerce, was duly engaged to fill the vacancy. He was instructed to report to the 1st assistant engineer aboard the President Cleveland.

At 3:30 Shaffer returned to the consulate and stated that after reporting to the 1st assistant engineer, certain members of the crew had threatened him after they learned that he was not a union man, and he was told to get off the ship or he would be thrown over the side.

Captain Jokstad was sent for and after the matter had been discussed it was decided that Shaffer would accompany the captain to the vessel and the difficulties would be straightened out with the engineer's delegate and the troublesome crew members.

About an hour later, however, the master telephoned to the consulate from the vessel to the effect that although matters had been settled satisfactorily with the delegate, Shaffer had apparently been so intimidated that he preferred not to remain aboard.

In reporting this incident, which I understand is much milder than many similar affairs which have occurred at other seaports, it should be added that the lack of discipline and lack of courtesy of the personnel of American ships is rapidly giving them a bad name. In some cases, Americans traveling through Kobe have told the consulate that they were really afraid to travel on their own ships, and felt much safer on foreign ships. The entire situation is deplorable, and, both as an American official and as an American citizen, one can only feel ashamed that conditions little short of mutinous prevail on our steamers.

EXHIBIT 7

REPORT OF AMERICAN CONSUL, YOKOHAMA, JAPAN, DATED JUNE 24, 1937 I have the honor to report that the officers of the S. S. President Wilson have informed this office of the failure of the members of its crew to obey orders given by the officers in connection with the departure of the vessel from the port of Kobe, Japan, on June 21, 1937. This report was given to the Consulate in connection with the request of Captain C. D. Austin for the discharge of Boatswain's Mate J. Martin on grounds of gross misconduct.

Affidavits of Chief Officer V. Nielsen, Second Officer B. Schultheis, and Third Officer J. Reid, state that Mr. Martin refused to obey the orders of the Chief officer; that he engaged in a fight with the chief officer; and that he publicly threatened to kill both the chief officer and the second officer. Mr. Martin was discharged from the vessel at this consulate by mutual consent, on June 22, 1937.

Chief Officer V. Nielsen, by affidavit, and the other officers by oral statements, related the action of the crew in refusing to cast off the lines at the time of the ship's departure from Kobe. There follows a summary of this incident as stated in the affidavit of Chief Officer V. Nielsen, the original of which is filed in this consulate:

"At 5:40 p. m. the men were ordered to stand by to let go the ship's lines. A short while after, the second officer came up to the bridge and reported that the men aft refused to let go the lines. I sent for the sailor's delegate to come to the bridge. He came up and told the captain that the sailors would not let go the lines until all cargo booms were secured. The captain told him, 'Get them secured and let us get out.' The sailor's delegate then asked the captain what he was going to do with J. Martin, the boatswain's mate. The captain replied that he was going to be logged and he told the sailor's delegate to tell the sailors to get the gear secured and let go the lines. The sailor's delegate replied that he was going to call a meeting of all the crew members first. A little later he came back up to the bridge and reported to the captain that the sailors had decided to have supper before they secured any gear or let go the lines.

"While the sailors were having their meeting the ship's officers and cadets cast off the lines."

EXHIBIT 8

*

FROM REPORT OF AN AMERICAN CONSUL, DATED APRIL 13, 1937

It will be noted that the local government will only assist the consul in the event of a strike or mutiny on an American vessel if there is danger to property or person arising out of the action of the crew, and will not interfere so long as the crew remains peaceful and commits no offense against the laws of

EXHIBIT 9

FROM REPORT OF AMERICAN CONSUL, BOMBAY, INDIA, DATED APRIL 22, 1937 Captain H. S. Bauer, master of the S. S. President Adams, informed me that last night at about 9 p. m., while the purser was paying off advances to the men, a man named Jarrol, A. B., disputed his right to deduct from the wages what he owed for slops and loggings. Another drunken seaman, Sandelin, A. B., was very heavily intoxicated and got into the argument, abused the freight clerk, calling him vile and filthy names in the presence of passengers and other people and so infuriated the freight clerk that the latter attempted to strike him. Sandelin and another seaman jumped the freight clerk and were administering heavy punishment, when the first officer came, pulled Sandelin away, and ordered everybody off the saloon deck. The captain there upon ordered no more money to be paid to the crew until 10 a. m. on April 21st, on which day only their money was due. The captain states that during most of the rest of the night there was fighting going on in the forecastle, that many of the crew were drunk, and that one of the boatswains was badly beaten up.

While the attack on the freight clerk was taking place, a representative of Forbes, Forbes, Campbell & Co., Ltd., the ship's agents, went on the dock to request a policeman to arrest the disturbers. He was told that the captain would have to appear personally next day to appear for the charge and remain for the trial as a witness, which would hold up the ship several days.

Having heard that the President Adams was to leave the dock at 6:30 p. m. (April 21, 1937) and anchor in the stream to finish loading, I proceeded to the dock at 6 o'clock to see what was transpiring. I was greeted by the captain with the news that a series of most disgraceful incidents had just been occurring. It appears that there was a detachment of police on the dock headed by Superintendent C. H. Klein with five or six white sergeants and inspectors and about 20 sepoys armed with lathis. The captain informed me that the steward was standing on the deck with a number of passengers when a drunken seaman appeared on the dock and shouted to him to come down "you "to the dis

gust of the passengers and other people present on the dock. Another drunken seaman walked up to one of the inspectors of police and dared him to arrest him, at the same time boasting that he had spent two years in jail in Manchester, England. Other sailors started to give the barber a beating and still others were prevented from assaulting the captain.

Superintendent Klein told me that although the verbal abuse and insults hurled at the inspectors were almost unbearable, as long as no blow was struck the officers were under instructions to make no arrests for fear that the crew would start a "sit-down" strike. Captain Bauer stated that complete records had been made for the log book of what had transpired and would be available.

It is needless to repeat many of the stories told me by Captain Bauer of seamen, including boatswains, when drunk, thrusting their heads through the windows of passengers' cabins and demanding liquor, of attempting to break down doors to get it, of the complete lack of discipline and the impossibility of enforcing it, of the insolent and offensive demands of the seamen's delegates, of the open threats against the life of the chief steward, etc. There is attached to this memorandum a copy of a notice served on the captain on March 13, 1937, by what was purported to be a joint meeting of the steward, engine, and deck departments. JOINT MEETING OF THE STEWARD DEPARTMENT, ENGINE DEPARTMENT, DECK DEPARTMENT, HELD ABOARD S. S. "PRESIDENT ADAMS," BETWEEN HONOLULU AND KOBE, DATED MARCH 13, 1937

The following resolution was adopted unanimously by the meeting of members of the above departments:

Whereas at a joint meeting called by request of captain H. S. Bauer on March 4, 1937, for the purpose of settling a food dispute, and

Whereas a lengthy discussion on food took place and was settled to everyone's satisfaction, and

Whereas Captain H. S. Bauer has put false construction on what transpired at said meeting, and

Whereas he has threatened to take action against Delegate Dunne of the engine department, Delegate Thompson of the deck department and Quartermaster Kitson in the first American criminal court for allegedly threatening the chief steward, and

Whereas the charges are false and unfounded, and

Whereas Captain Bauer is doing everything in his power to cause discontent amongst the crew: Therefore be it

Resolved, That we, the unlicensed personnel of the three ship departments, condemn Captain H. S. Bauer for this frame-up and demand an apology; and be it further

Resolved, That in the event he should bring action against these three brothers in a criminal court in Shanghai we the crew who are striving to maintain harmony and to act as urion men will protest in a body to the American authorities in Shanghai.

Submitted by Hans Haitela, Q. M., 4398 Sup.

Seconded by John H. Thomas, Wiper, M. F. O. W., 184. (Copies to captain chief engineer and chief steward.)

EXHIBIT 10

FROM REPORT OF AMERICAN CONSUL, AUTOFAgasta, Chile, Dated March 23,

During the past few years the undersigned has heard the complaints of many masters (all of west coast ships) regarding the unionization of their crews to such an extent that vessels are sometimes run not by the master but by committees named by the crew. Efforts have even been made (fruitless, of course) by such sailors and committees to dictate to the consul. However, this is the first time that I have seen ship's officers join these subversive movements and the first. New York ship (in my experience) to have become subject to such influences. The case of the Liberty Glo is an extreme example of the effects of lack of a rigid discipline aboard.

Another point subject to criticism is the almost universal habit of qualifying a seaman's conduct as "Very good" on all discharges, regardless of his actual conduct. During the investigation of the Liberty Glo case the port captain of Tocopilla said he could not well credit the ill reports regarding Jose and John Gonzalez since on all their discharges their character was described as "Very good." Nevertheless, on the previous voyage these men had brawled in the master's cabin and, even if they did not actually strike him, had to be removed therefrom by force, being ejected by the 2nd officer. Despite their discharges, they are notorious trouble makers.

An extra copy of this despatch is enclosed for the district attorney at NewOrleans, should the Department wish to transmit it.

Original telephonic reports received by this office on March 19th and 20th indicated that the crew was in a state of insubordination, refusing to sail with John and Jose Gonzalez aboard and even demanding the removal of the master on the grounds of his incompetency.

Proceeding to Tocopilla the evening of the 20th the undersigned thoroughly investigated the disturbance which, had it occurred on the high seas, could certainly have been qualified as a mutiny.

The Chilean authorities were anxious to clear their hands of the case, and the port captain even offered me the use of armed forces to restore order and discipline aboard, should they be required.

You will realize, after reading the conflicting testimony of the witnesses, the complexity of this case. Their depositions were taken down by me under extremely trying conditions, without assistance, on an antiquated and battered typewirter and with frequent interruptions and other annoyances caused by drunken members of the crew. The breakdown of discipline was practically complete, with one quarter of the crew ashore and most of the remainder under the influence of liquor, including the 1st and 3rd officers, the 1st assistant engineer, and the quartermasters. Even when all of the crew had come aboard the Chilean pilot refused to take out the ship as the crew was in no fit condition to man her.

It was not possible to take down the evidence of Ray Hill, chairman of the meeting held by the crew, since he came aboard only at 3:15 a. m. and was completely drunk at that time.

With much difficulty, I was finally able to ensure the departure of the ship. This was done after much argument with the officers and influential members of the crew, pointing out the gravity and possible consequences of their acts of insubordination. The threat of Chilean intervention also had some effect. Personal appeals were useless.

It is my confidential opinion that this disgraceful and dangerous incident had its origins, as in most disciplinary failures, at the top. The weakness and indecision of the master was taken advantage of by a brawling, drunken, disloyal chief officer who should have been his principal supporter. The chief, in turn, influenced the younger, less experienced and more impressionable 2nd and 3rd officers. With this state of affairs, the actions of the remainder of the crew (which had its full share of sea-lawyers, agitators, and union delegates) were not surprising.