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Senator MALONEY. I understand that everything you say here is off the record, excepting for this committee.

The CHAIRMAN. It is off the record so far as his identity is concerned. Senator MALONEY. Yes. Do you think you get the proper cooperation from the owners and operators of the ships?

Captain

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I do. They are bending over backwards to give these men what they want. The CHAIRMAN. I want to follow up that question, if I may. the current issue of Nation's Business there is a very interesting article entitled "I joined the union to see the sea." It relates the experience of a graduate of one of the colleges here in Washington, a football player and a member of the boxing squad, and so forth. He wanted to enlist as a sailor, and he signed up in both unions. In the paragraph which I am going to read to you it speaks of a man named "Frenchy." Frenchy was a man sent aboard to foment strikes and trouble, the type of man you have mentioned. This article says [reading]:

I hasten to say that I am almost totally unfamiliar with regulations governing American shipping and seamen. However, I cannot escape the conclusion that Federal authorities, ship-owners, and ship officers are alike subject to the apparent power of squabbling unions. Though a ship master at one time was absolute monarch of his domain, today he hesitates to censure a seaman. Almost certainly the union would relay a report to his owners and he would be removed from command on the grounds that he was "temperamentally unfit."

Upon one occasion I heard Frenchy use abusive language to the second officer. Lately I asked the officer why he had not knocked the man down.

"I'd lose my ticket," he replied. "That fellow is a union organizer and is just looking for an excuse to start something. I wouldn't get any sympathy from my owners nor from maritime authorities in Washington."

That follows up the question that Senator Maloney asked you. Do you believe that these officers are cowed?

Captain -. Oh, absolutely.

The CHAIRMAN. In your own case, if it were known that you had come here as a voluntary witness, what might it mean to you?

Captain -. They will do one of two things, probably: They will either shoot me some dark night, or else they will sit down on the ship and demand that I get off.

Senator MALONEY. What will the operators do then?

Captain - What can they do? They can't hold up the ship for one man.

Senator MALONEY. Will they take you off?

Captain

I don't know. Maybe in my case they would not. That is why they asked me to be very careful and not get this in the papers.

Senator VANDENBERG. I am particularly interested in the fact that this officer said he could not get any cooperation from the maritime authorities in Washington. What could the maritime authorities in Washington, under the existing law, do to correct this situation? As I just said, three laws

Captain

Senator VANDENBERG. No; I mean, under existing laws what could the maritime authorities do?

Captain -. If a man strikes an officer there is a jail sentence attached to it; but you would have to move heaven and earth to get a conviction. In the Algic case they got 2 months. They ought to have got 2 years. Stealing a boat and going off with it is nothing unusual.

The CHAIRMAN. The Maritime Commission did pretty well in the Algic case. It sent word to put them in irons.

Captain Yes. That is the first ray of hope, Senator. But there is a provision that if a man strikes an officer he gets 2 years in jail. To my knowledge that has never been done. I have known cases where officers have been struck and have just let it go and said, "What is the use?"

Senator VANDENBERG. This general lack of discipline, as I understand you and you are certainly a competent witness if there ever was one in your judgment, does it definitely threaten safety of life at sea?

Captain

There is no question about it.

Senator VANDENBERG. Would a report of conditions of that sort made to the authorities in Washington produce any action of any sort?

Captain

Well, I do not know the extent of their power. Senator VANDENBERG. Is there any method for reporting to Washington upon general conditions? Captain Yes; you can report to the local inspector of the district. He takes action. But, to be frank, I can never get any help there from anybody. Every battle I have had I practically lost. Senator VANDENBERG. Have you ever complained to the shipping commissioners?

Captain

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Not recently, because I have given it up. Some

times they helped me and sometimes they did not.

The CHAIRMAN. Are you familiar with the wireless report which went out, I think, from the California to the Government about the set-down strike on that ship?

No; I did not know they had sent a wireless. She

Captain was in port, was she not, at the time? The CHAIRMAN. No. I mean later.

some trouble aboard.

After she left port she had

Captain ——. No; I am not familiar with that.

The CHAIRMAN. There was a wireless, and papers were made out to arrest these men when they go to New York, but for some reason the papers were not served. You did not hear about that?

Captain If it is the strike at San Pedro I remember it; yes. The CHAIRMAN. I was only following up your point, Senator Vandenberg.

Senator VANDENBERG. Have these delegates and members of the union on ships ever actually tried the officers of the ship on the ship? Captain- -. No; I cannot say that in my ships they have, but I think they have on others. They have insisted that they get off. I will read you a letter later, if you wish. They are fine officers and fine men, and have also demanded to know whether we had clearance cards. They want to find out from the officers whether they have clearance cards or not. I put my foot down and say, "You leave us alone up here and stay where you belong." But I know other cases where they have done it.

The CHAIRMAN. Admiral Hamlet, we have some evidence here about charges that officers have been tried on ships, have we not? Admiral HAMLET. I do not think you could call it evidence, Mr. Chairman. We have statements to that effect, which do not conclusively prove it. But if you ask my opinion, it has been done.

Captain

This is the way they do it. They go to their union people and say, "This fellow has got to get off, otherwise we will sit down." I know a case on the West Coast where an officer caught somebody stealing something out of the cargo, and of course he reported him, and the fellow had to get off before he got through. The CHAIRMAN. The officer had to get off, you mean?

Captain

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Yes; and the sailors and the stevedores would not work with him because he reported this man stealing cargo. The CHAIRMAN. Have you seen any of these, Captain? They are supposed to be verbatim copies.

Captain

No, sir; I have not seen this type. I have seen others, and I picked up this one and brought it down [handing the chairman a pamphlet].

May I show you these facts that I have with me?
The CHAIRMAN. Yes.

Captain

I have a letter from a passenger, and there is a letter from the junior officer who took care of the situation, if anybody would like to read it

The CHAIRMAN. Suppose you leave those for the record, all of them. Captain

All right.

I have the doctor's report here. It was written after we left

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and in it you will find six cases of where drunken members of the crew had to go to the doctor for treatment. He writes [reading]:

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about 6 or 8 hours.

were out of the way, sleeping it off. This is the report from the doctor after we left

We were in

do they automatically

The CHAIRMAN. When you are in have the right to go ashore? Captain No; they do not. The statutes distinctly say that liberty is at the discretion of the master. I can stop it any time. But one captain tried it, and they had a sit-down and he finally had to give in and they went ashore. Right now I would not attempt to hold them; I would have a mutiny on my hands.

Senator VANDENBERG. That is just an instance on your ship?
Captain-

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Yes, sir.

Senator VANDENBERG. What happened? Did you discipline them?
Captain
Some I did and some I did not.

Senator VANDENBERG. Did you get away with it?

Captain Yes; that discipline doesn't mean anything. Here is a memorandum of one man which was given to me. That is , A. B., and the report says that [reading]:

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This man while under influence of liquor, as determined by ship's surgeon, tore the coat of a bell-boy, kicked in panel of cadet's room, and generally created a disturbance. He was placed in the brig and fined two days pay.

That means nothing to these men. This man will go right on board the next ship and do probably the same thing. We have no means of knowing whether the man is any good or not, no service record of any kind. The union sends you a man and there he is, and not until

he does something can you get rid of him. You always have to wait until you have some kind of trouble.

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Senator VANDENBERG. What kind of trouble? Suppose you got back to and this man had been definitely a hazard all through your trip, and you are going to start out again; do you mean to tell us that if the union sends him down again you have got to take him?' Captain No; I do not have to take him; but it means a battle on my hands when I do not. I have dismissed men off the ship, and they have come right back. You can fire a man and it takes an act of Congress to keep him off, because the union will fight his battle and say he didn't do much, or he didn't do this or that. That is what we are fighting about all the time. We want to get rid of these men and the union sends them right back. In the end you lose out. (The documents referred to and submitted by the witness are as follows:)

Captain

S. S. "

S. S. "
At Sea, November 23, 1937.

DEAR SIR: We the undersigned wish to complain against your master at arms

:

On account of actions and language unbecoming to a petty officer and gentleman while on duty.

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We left the tourist smoke room at 1:30 a. m. this morning for a walk around the deck before going to bed. We noticed the master at arms, in the act of covering up a young lady with four deck chair pads. We stopped to investigate this matter as this lady had been intoxicated during the early part of the evening.

We consider that

had been drinking and that they also were in possesto call a proper person

sion of a partly filled bottle of whisky.

We asked

to see this lady safely to bed, but he became excited and used language unbecoming to an officer and a gentleman. Then we asked for the officer of the 3rd officer.

watch and

called Mr.

In the presence of Mr.

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assaulted both Mr.

He also threatened our future safety while on board your vessel.

and

We regret very much indeed to bring these charges, but we consider it our duty to place the facts of the above incident in your hands so that proper disciplinary action may be taken.

We remain,

Very truly yours,

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and

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Sub: Alleged assault and batter of tourist class passengers, Sir: On the morning of November 23rd, 1937, at about 2:15 a. m., I was ordered ́ by Mr. 1st officer, to proceed to tourist deck, where M. A. A. reported some trouble. On arriving at the port side of tourist deck, I found three passengers, Mr. and a 3rd man. and Mr. stated that had been annoying a young woman passenger and that they interfered, suspecting rape. During the above statements, appeared with the young woman. took offense at Mr. statement and struck him. I ordered to report to the bridge, whereupon and Mr. expressed the desire to accomand I trailed the party,

pany to the bridge and prefer charges. until we reached the ladder from the promenade deck to the portside of the boat deck. Here motioned for me to lead the party. I having the flashlight, to have quieted down, proceeded up the ladder. claims: struck him on the back while on the ladder. This I did not see, being at the top of the ladder.

believing

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was ordered off

When the passengers were escorted from the bridge, duty and confined to his room.

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,

CREW

B. R., contusion back; strapped.
cleaner, bronchitis; strokes mixt.
messman, impacted cerumen; washed.

bell capt., otitis media; phenol 7 glycerine.
A. B., intoxicated; confined to brig.
messman, intoxicated; confined to brig.
waiter, laceration both lips; sutured C. &
cook, laceration eye lid; sutured C. & D.
A. B., laceration scalp; skin clip C. & D.

D.

Personal combat.
Personal combat.
Personal combat.

, messman, laceration scalp, slight concussion; hospitalized, C. & D. Routine treatment. Intoxicated.

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DEAR SIR: Please be so kindly and have gambling, which will find place on the port-side-square, foreward after pay off stopped at 11.00 p. m. so the cooks will have a chance to have the nights rest, as we know otherwise, the gambling will go all night through with a lot of noises.

Always respectfully,

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Captain

S. S.

SIR: The following is a memorandum of men who should not be reemployed aboard this vessel and reasons therefore:

A. B., Article Number -. This man while under influence of liquor, as determined by ship's surgeon, tore the coat of a bell boy, kicked in panel of cadet's room, and generally created a disturbance. He was placed in the brig and fined 2 days' pay.

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Q. M., Article Number

-.

This man left his watch without permission and failed to turn to for his night watch at for which he was fined 2 days' pay. He claims he was not called, although Q. M.s

at

both insisted he was.

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A. B., Article Number

and

This man smoked aloft on foremast, throwing butt from mast, and also expectorated from aloft while passengers were in swimming pool deck below. Witnessed by Captain When chief officer spoke to him about it, his reply was, "Butt was already up there, and I knocked it off with my paint brush."

M. ‘A. A., Article Number This man, while on watch, had an altercation with two tourist passengers and according to passengers and junior officer, who witnessed it, had struck passengers. Disrated to A. B.

bosn. mat, Article Number -. This man assaulted

A. B., this voyage and it has come to my attention, that this is not the first such offense.

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messman, Article Number Failed to work mess, leaving under influence of liquor as determined by ship's surgeon. Placed in brig, fined 2 days' pay.

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