APPENDIX

The following is the matter referred to on page 211:

NO. 10. S. S. "VIRGINIAN”

Seaman complains of the amount of lumber carried as deck load on the S. S. Virginian of the American-Hawaiian Steamship Company and submits photograph in evidence that such load was excessive.

From the photograph submitted, it appears that the deck load was not unusual in extent, height, or in any other respect and was extremely well-lashed. In addition the photograph distinctly shows, not a ladder to walk up over the deck load as the seaman states, but a pair of wooden stairs. The photograph also shows. double guard lines fore and aft along the top of the deck load.

The seaman further states that it was difficult to keep the ship on her course in bad weather and that it was necessary to use 31⁄2 turns of right rudder and 21⁄2 turns of left rudder to keep her on her course.

In bad weather a loaded freighter will easily require this amount of helm.
The seaman complains that the crow's nest was used for lookout.

Evidently in the judgment of the master a better lookout could be kept from the crow's nest and the master cannot be charged with lack of consideration in so doing or in maintaining a proper lookout, as he was not only safeguarding his ship but the lives of the crew on board.

NO. 11. S. 8. "CALIFORNIA"

Seaman complains that four lifeboats on the above steamer were continuously under repairs and that the boats were in such condition as to be unfit for use; also that this situation continued throughout three trips between the east and west coasts.

The local inspectors at New York state in their report that the chief officer of the California denied that the boats were at any time while the vessel was at sea in such condition as to be unfit for use. The chief officer further stated to the inspectors that the only time the lifeboat tanks and equipment were overhauled at sea was when a small number of passengers were on board making available remaining boat capacity for all persons on board. The Bureau in the investigation finds no violation of law or of the regulations.

NO. 12. S. S. "SANTA CLARA"

Seaman Joseph Curran complains that the above steamer was found October 1934 to be carrying insufficient crew assigned to No. 2 lifeboat and further alleges that there were only 12 to 14 lifeboat men in addition to the ship's officers.

Investigation by the local inspectors at New York indicates that the certificate of inspection requires 23 certificated lifeboat men to be carried. The inspectors further state that the vessel at all times carried the number of men required by the certificate of inspection.

In this connection a sworn statement was made by Vladimir Zernin, chief officer of the Santa Clara, stating that the ship had always had on board the number of lifeboat men required by the certificate and that manning of the boats has been carried out in accordance with the Bureau's rules and regulations which require a certificated lifeboat man to be assigned to each boat. Investigation further reveals that the ship carries 19 stewardesses who, Curran alleges, are useless as crew in handling boats and placing an added burden upon the male members of the ship's company in case of emergency.

There is nothing in the law and the Bureau's regulations which prohibits the employment of stewardesses or waitresses aboard a ship, nor is there anything

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in the law which prevents a woman from obtaining an able seaman's certificate or an officer's license should she be found in all respects to be qualified. Investigation does not indicate that there has been any violation of the law or the general rules and regulations.

NO. 13. S. S. "MANHATTAN"

Seaman complains that while employed on the above steamer in March 1936 the two motor lifeboats were in such condition as would make impossible their proper use. In particular he alleges that the motors fitted to the mechanical means for lowering gear were out of order in such a fashion as to prevent the launching of the boats.

The local inspectors at New York in investigating this complaint secured an affidavit from Mr. H. Manning, chief officer of the Manhattan. Mr. Manning states that at no time were the boats in such condition as alleged and that all the ship's boats, including the motorboats, are lowered at least once a trip; i. e., every three and one-half weeks. The inspectors further state that upon examination they found that the lowering gear are the usual gravity type and that the lowering is controlled by a friction brake.

The Bureau finds no violation of the law or regulations.

NO. 14. S. S. "ORITANI"

"I was employed aboard the S. S. Oritani, of the Moore-McCormack Line, during the months of September and October in 1934. There were wooden covers nailed on the gunwales of both lifeboats. During the period of time I served in the above named vessel, the lifeboats were not swung out in a boat drill. No fire stations were assigned nor were there ever any held. When we checked the lifeboat gear it was necessary to remove the lifeboat covers with pinch bars. This operation took ten minutes for each boat. These statements I swear to be true, and as stated, and I trust they will speak for themselves."

The above complaint was investigated by the local inspectors at New Orleans, La., on August 18, 1936, and from the testimony and other available information, it was adduced that the Oritani has been laid up at this port since May 1936, and no members of the former crew were available except the master, who was also in charge of the vessel during September and October 1934.

The master testifies that during the period in question, and at all times while at sea, fire and boat drills were held regularly once each week on the Oritani, and at no time were the wood boat covers nailed to the boat except when the vessel was laid up out of commission.

The log books covering the period from August 27, 1934, to October 14, 1934, show that fire and boat drills were held weekly while at sea, where weather permitted, and that the vessel went out of commission on October 16, 1934.

On August 18, 1936, an assistant hull inspector visited the Oritani, without giving the master previous notice, and found the lifeboat covers to be readily removable, and there was no evidence of the covers having been nailed to the boats. In view of the above, we find that the allegations are not substantiated by facts.

NO. 15. S. S. "EASTERN SWORD"

Seaman complains that on September 12, 1935, during a fire and boat drill, an ordinary seaman aboard the above vessel, one Sherman Dahlgreen, fell from the boat deck to the well deck and received serious injuries to his leg and left arm and collarbone due to a rotten lashing on the cover of the lifeboat. It is alleged that the lashing parted when Dahlgreen was making it fast. Investigation by inspectors of the Bureau indicates that on September 4, 1936, all lifeboat covers and lashings aboard the above vessel were in good condition.

NO. 16. 8. S. "SOUTHERN CROSS"

Seaman complains that ship left the dock with the cargo holds open, the rails down, the booms up and not properly secured. The seaman further complains that he was hurt while assisting in lashing a boom after it was topped up.

Investigation shows that while the above ship leaves the dock with the hatches partially open, the hatches, rails, etc., are all properly secured before vessel leaves the harbor and enters the open sea. In regard to the booms being topped up, this particular ship is fitted with appliances whereby she may safely carry her booms

topped up and lashed to the cross-trees. Lashing of the booms, etc., is part of the regular work of able seamen. It is hazardous but no more so than many other phases of seamen's work. Investigation shows no violation of the law, the regulations, or the shipping articles.

NO. 17. S. S. "HARTWELSON"

Seaman complains as follows:

1. When he was a member of the crew of the steamer Hartwelson, a collier that commonly trades between Newport News and New England ports, she was frequently "loaded in excess of the safety limits called for by the law."

Inasmuch as the complaint does not state any definite date, the full refutation of the charge is not possible. The local inspectors at Boston examined the vessel on July 1, 1936, and found that she had a proper load line mark in accordance with the recent law which became effective in November 1936. Undoubtedly the complainant refers to conditions existing before this law became effective, and it is possible that the ship was loaded deeper than she would be allowed under the recent load line regulations.

2. That the portholes on the above vessel leaked profusely in an average sea. Examination of the portholes in the crew's quarters forward on July 1, 1936, found all ports fitted with good gaskets and deadlights.

3. That the crew slept forward and there was no lighting facilities whatsoever. Firemen and sailors have been quartered forward in ships for hundreds of years; however, a study is now being made of the advisability of placing the crew in the forward end of the ship, and considerable pressure is being brought to bear to move their quarters amidships. In regard to the lighting facilities, an examination in July 1936 found electric lights in the crews' quarters forward.

4. The ship made a practice of carrying able seamen without lifeboat or A. B. certificates.

In July 1936 the ship carried four certificated lifeboatmen as required by her certificate of inspection.

5. The boats, four in number, did not have their full complement of supplies required by the Steamboat Inspectors Bureau.

Examination of lifeboats on July 1, 1936, found complete equipment as required by the Bureau's regulations. Vessel has never operated without certificate of inspection in accordance with which lifeboats would be inspected at annual inspection when certificate granted and at re-inspection.

NO. 18. S. S. "EASTERN TEMPLE"

"While I, Gilbert White, was a member of the crew on the S. S. Eastern Temple, of the High Seas Transport Company, a life-boat drill was called. When the cover was taken off from the lifeboat, it was noted that the water cask had fallen apart, with hoops and staves laying in the bottom of the boat. The condition of the

davits were deplorable, while the boat itself was frozen to the chocks. It required about two hours to prepare the boat for exercise. Holes caused from rust were in evidence, and I sincerely think that it would have been impossible to launch this particular boat."

Inasmuch as the complainant fails to state definitely the date on which the steamer Eastern Temple was not properly equipped with life-saving equipment, it was not possible to obtain the statements of licensed officers or other witnesses whose names might have been obtained through the records of the shipping commissioner. The records of the Bureau indicate that this ship underwent annual inspection at the port of New York on July 17, 1935, at which time a certificate of inspection was issued. This certificate was dated July 22, 1935, and would expire one year from that date. The records show many subsequent special examinations and inspections.

NO. 19. "SANTA ROSA"

1. Seaman claims that during a boat drill in San Jose, Guatemala, in August 1935, the emergency boat releasing gear did not work properly. Seaman further claims that during an inspection in New York during the fall of 1935, a boat drill was held and it was found that the fair leads of the after falls were improperly constructed and caused the falls to jam.

Investigation, including a sworn statement from the chief officer of the above steamer, would indicate that the complaint is entirely false. The log books of the voyage mentioned show that the vessel was in the port of San Jose on July

30, 1935, but that no boat drills were held.

The boats on this ship are equipped with a type of releasing gear which does not function until the boat is water-borne. The allegation that a boat drill in the fall of 1935, in the presence of an inspector of this Bureau, could not be properly held because of improper arrangement of the boat falls is not borne out by the investigation. The boat drill in question was held by an assistant inspector at the port of New York whose record and statements show that all lifeboats and equipment were in good condition and ready for immediate use. At this drill, lifeboats Nos. 1, 2, 4, 6, and 8 were placed in the water and the crew drilled under oars.

2. The seaman calls attention to the manning of lifeboats aboard the ship. He states that "while having nine boats, has only eight A. B. seamen, a bos'n, who has charge of a boat, three quartermasters, who have a boat each, leaving only one sailor to man the falls of every boat."

The certificate of inspection of this vessel calls for 26 certificated lifeboatmen. While she only is required to carry eight A. B.'s, a bos'n, and three quartermasters, the other members of the crew who hold lifeboat certificates are qualified to man the boat falls and lower a boat. The investigation shows no violation of the law, the regulations, or the shipping articles.

NO. 20, S. S. "ORIZABA"

Seaman complains that during September 1935, while employed as an ordinary seaman on the above steamer during a lifeboat drill, the motor of the motor lifeboat failed to function and would not start.

An investigation of this complaint reveals that there was some difficulty with the motor because of sediment in the gas line. It was necessary to work on the motor for about a half-hour in order to get it started.

The Bureau rules and regulations require that motors on motor lifeboats shall "be operated ahead and astern for a period of not less than 5 minutes at least once in every 7 days to test its readiness for service, such operation to be part of the lifeboat drill and included in the report of such drill." The master of the above steamer was instructed in regard to this regulation.

A check-up of violations of Bureau regulations similar to this is the work of traveling inspectors. Reports of these men indicate that they are correcting many deficiencies such as those cited in the complaint.

NO. 21. S. S. "PRESIDENT ROOSEVELT"

Seamen complains that No. 9 boat, which was lowered to the assistance of another ship, was improperly lowered away and was not equipped with plugs. The Bureau has on file an affidavit from the chief officer of the President Roosevelt at the time of the incident, with photographs of the operation of lowering away and the photograph of the boat rowing away from the ship. This evidence indicates that while one end of the boat was slightly lower than the other during the lowering, and that the boat's plug leaked slightly during the trip to the other vessel, no unusual incident took place. It was evident there was no violation of the law, the Bureau regulations, or the ship's articles.

The fact that one end of the boat was lower than the other only indicates that the seaman handling one of the boat falls did not lower away quite as fast as the man on the other fall. In this connection it should be noted that Bureau regulations promulgated in January 1935 will make it mandatory that passenger vessels, on which the boat deck is more than twenty feet above the water when the ship is operating at her lightest sea-going draft, be equipped with mechanical means for lowering each lifeboat and arranged in such a manner that the falls are wound on the same drum and the boat is of necessity lowered evenly. These regulations are effective on new passenger vessels at the present time.

NO. 22. S. S. “AMERICAN LEGION," S. S. "CALIFORNIA,” AND S. S. “SANTA LUCIA” Seaman complains that on the S. S. American Legion black powder was left exposed on the left side locker of port room and that it was in a can with no cover, and that some powder was in a can in a cardboard box.

The Bureau has on file an affidavit from Captain P. C. Mahady, master of the S. S. American Legion, which states that the powder of the line-throwing gun was kept in the port light tower and in a metallic container and tightly closed. The locker in which it is kept is constructed entirely of steel and is kept locked, being accessible only to the licensed officers of the ship.

The line-throwing gun and its accessories are carried on vessels in compliance with Bureau regulations. The Bureau sees no violation of the law or the Bureau regulations in the stowage of the powder for the line-throwing gun in a fire resisting locker high on the boat deck.

NO. 23. S. s. "SOUTHERN CROSS"

See complaints Nos. 108 and 32.

NO. 24. S. S. "SUDUFFCO"

The complainant alleges that lifesaving equipment was borrowed from a sister ship and placed aboard the above steamer for the purpose of passing the inspection, and that after the inspection was completed, it was returned to the sister ship. The ship subsequently was lost in a severe storm and all hands were drowned. Investigation indicates that no evidence was available to the Bureau's inspectors to indicate that any lifesaving equipment was removed from the vessel. The inspectors' report states:

"When this vessel was certificated by this Board in 1925 she was fully equipped according to law and in a seaworthy condition as shown by inspection reports and certificate issued."

If after a certificate is granted a vessel the owners or operators decide to remove all the lifesaving equipment, neither the Department nor the Bureau can be held responsible. The licensed officers could, however, have been proceeded against, had they survived.

NO. 25. S. S. "AMERICAN IMPORTER"

Seaman complains that on the above ship, while a boat drill was being held at sea, it was found that a wedge was placed beneath the quadrant of a mechanical davit to keep it from shaking and that it was necessary to chop out this wedge before the boat could be swung out, thus delaying launching operation at least 12 minutes.

An affidavit on file with the Bureau from Captain John Anderson, who was master of the vessel when the above incident occurred, states that there was a wedge under the quadrant of the davit and that it was necessary to chop the wedge out. The captain states that he personally timed the delay due to the removal of the wedge and that it amouuted to three minutes since it was only necessary to turn the davit back inboard and remove the wedge. The master further states that it was the first occurrence of an incident of this kind aboard his ship and that it has never happened since. It appears that there has been a violation of Bureau regulations in connection with maintaining lifesaving equipment ready for immediate use at all times.

Due, however, to the fact that the master immediately corrected the situation and the slight delay connected therewith, no further disciplinary action against the master or licensed officers appears necessary.

Seaman futher charges that the life belts were stowed below deck in an unused hatch, that this stowage is improper and it would be nearly impossible for everyone to obtain a belt from this location.

He also charges that crew rooms occupied by two men are without life belts. Investigation indicates that the life preservers stowed below decks in No. 7 hold are carried on the ship in excess of the requirements.

Investigation of the alleged absence of life belts in crews' quarters indicated that two rooms were without life preservers which was immediately corrected. In this connection there was a violation of Bureau regulations requiring life preservers to be immediately accessible to each member of the crew. The field inspection service was established to maintain a high degree of compliance with the Bureau regulations. Violations of this character are found daily.

NO. 26. S. S. "EL DIA"

Seamen make general complaint about testing of lifeboat falls by loading the boats with a full complement of persons.

This is a portion of a Bureau regulation concerning requirements to be carried out at annual inspection. At a weekly boat drill, the Bureau regulations require no such test.

Seaman complains that boat falls were old and weak and that they should be changed every month.