(The following letter is placed in the record at this point at the request of the writer:)

Senator ROYAL S. COPELAND,

Chairman, Committee on Commerce,

United States Senate, Washington, D. C.

JANUARY 7, 1938.

MY DEAR SENATOR: I wish to make a statement which I request that you incorporate as evidence into your report on hearings on the amendments to the Merchant Marine Act of 1936.

I am a radio officer on the steamship Black Falcon, operated by the Black Diamond Line of New York, and was employed in this capacity during the voyage on which one Daniel B. Irwin was a passenger.

Mr. Irwin is the same person who on December 3, 1937, addressed a letter to you in which he complained about conditions aboard the Black Falcon. This letter has been published in part 3 of a document printed by the United States Government Printing Office, Washington, D. C., and is entitled "Hearings Before the Committee on Commerce and the Committee on Education and Labor, United States Senate, Seventy-fifth Congress, Second Session on S. 3078, a bill to amend the Merchant Marine Act of 1935, and for other purposes.'

Since the officers and crew of the Black Falcon have been so unjustly accused of such fantastic and ridiculous charges, and since these accusations have been given such widespread publicity in the press and radio, thereby creating misconception in the minds of the American public who are not familiar with conditions in the maritime industry, and in defense of the American seamen, I give you the true facts of what really transpired during the voyage Mr. Irwin refers to.

Concerning Mr. Irwin's charges that an intoxicated crew threw cargo overboard, I would like to state that the crew was far from being intoxicated, having to risk their lives in order to jettison loose empty barrels which were loaded two deep on the forward deck. After running into heavy weather in a severe storm, the vessel started shipping heavy seas on the forward deck and throwing these barrels against vent pipes, deck wenches, cutting tarpaulins which covered hatches and knocking "dogs" off watertight doors, behind which cargo was stowed. Anyone with common sense and a little knowledge of ships can readily understand the amount of damage these barrels could have done to cargo and vessel. In reading newspaper accounts of Mr. Irwin's experiences on the Black Falcon, as well as his letter to you, especially that portion which referred to drunkenness of the crew. I was very much amused, due somewhat to the fact that Mr. Irwin personally offered me a drink of liquor, which I politely refused. Other members of the crew advised me that Mr. Irwin had also offered them liquor, but which they too refused to accept.

I can positively state that at no time during the voyage did I see any members of the crew intoxicated, except the cook who was discharged at the first American port. I wish to remind you, Mr. Senator, that it was very well known that the cook, of whom Mr. Irwin complained, received his liquor from Mr. Irwin. Because of his association with Mr. Irwin on board the vessel and because of other deficiencies, the crew voted that the cook be discharged at the first American port.

Mr. Irwin made himself personally obnoxious to every officer of the vessel and to all members of the crew because of his many foolish and ridiculous complaints. I do not know of a single member of the crew or the officers who had the least affection for Mr. Irwin. This was not true of the other passengers, however, from whom we heard few complaints either about the service, discipline, or conduct of the crew toward them.

The statement that Mr. Goodman, chief officer, was a "Red" and leader of a "Hooligan crew", is as amusing as it is absurd. However, this form of propaganda is nothing new to the American seamen, as we have been called almost everything under the sun. I make the statement, Mr. Senator, that we are not "Reds,' and that there are as many 100 percent democratic thinking Americans in our American Merchant Marine today as in any other form of American life. Democratic and progressive unions have done much to educate American seamen in political and national affairs, and today more American seamen cast their ballots in national or State elections, than ever before.

Chief Officer Goodman, with 25 years' service in the American Merchant Marine, is an American in every sense of the word. He has always appeared to me to be a very conscientious, capable officer, popular, and well-liked by his shipmates, officers and crew allke.

Mr. Irwin's assertion that the second officer, Mr. Ellen, is a "surly and disagreeable character," is also ridiculous. I wish to state that the exact opposite

is true. Mr. Ellen is always pleasant, courteous, and congenial to everyone, and is a graduate of the New York State Nautical School Ship, which is noted for the excellent officers which it graduates every year.

Mr. Irwin states that the third officer, Mr. Wank, is a Lithuanian and "spoke English in a broken manner." Well, if this be true, and if this is a good reason why he should not be an officer of the vessel, it seems that Congress should modify the law preventing any officer from working on an American vessel unless he is American born or unless he is able to speak English perfectly. Why, Mr. Senator, did the steamboat inspectors issue a license to the third officer if he is not qualified to handle the job? Does Mr. Irwin think the steamboat inspectors made a mistake? So far as my acquaintance with the third officer goes, he speaks English that is perfectly understandable, even by Mr. Irwin, for I wish you to know Mr. Sentor, that it was this same third officer who advised Mr. Irwin that by Federal law he was not allowed on the navigating bridge or in the wheelhouse. There is a notice posted in the wheelhouse advising everyone that Federal law prohibits any person, except those who have business there or who work there, from frequenting this part of the vessel. It seems that the English used by the third officer when he advised Mr. Irwin of this fact, was easily understood by Mr. Irwin. It may be possible that Mr. Irwin's dislike of the third officer may be due to the fact that he was living up to Federal laws enacted by Congress. I might say that any officer, and every officer who has charge of a watch either on the bridge or in the engine room below, is required to inform passengers and other persons that they are not allowed on these parts of the vessel when it is being navigated. From my observations, I believe Mr. Wank to be a very capable officer.

Mr. Irwin states that on one occasion the vessel was off its course at least 120 degrees. I am wondering just how Mr. Irwin could determine this fact, were ita fact? Unless he had a compass which had been corrected by experts and which was installed in such a way so he could determine the exact course of the vessel, he would never be able to know how far the ship was off its course. How could he determine or know that the compass was spinning around if he were not allowed on the bridge? Might it not have been possible that the master of the vessel changed the course due to heavy weather, as is frequently done by all ships running on the North Atlantic? Even if Mr. Irwin is a navigator, he could not determine the exact course of the vessel or how much it was off its course unless he visited the bridge at the time.

It must be remembered, Mr. Senator, that the Black Falcon is a freight vessel designed exclusively for cargo service, and has very poor accommodations for rendering passengers that exclusive service which they receive on board luxurious liners of the North Atlantic. The Black Falcon was built in Hog Island and designed for cargo service. The rooms occupied by the passengers are those rooms formerly used by the officers or members of the crew, and it is unthinkable that such a vessel can render the service which passengers sometimes expect when traveling on a passenger ship.

A passenger on the Black Falcon pays $62.50 for his passage from New York to Antwerp (or Rotterdam), a distance of approximately 3,300 miles, and which requires 10 to 11 days to negotiate. At 10 days, the passenger pays $6.25 per day for his room, board, and for traveling approximately 3,300 miles over the rough, heavy seas, against strong winds frequently of nearly hurricane force on the North Atlantic. At less than 2 cents per mile, a passenger may travel to Antwerp (or Rotterdam) from New York with fairly good food, a good, warm, steam-heated room on a ship which is comparatively fast, steady, and safe. Yet, despite this bargain rate, we frequently hear complaints from such unreasonable travelers as Mr. Irwin, who apparently expect to receive Ritz-Carlton service at lodging-house rates.

Apparently, Mr. Irwin knows very little about ships or the maritime industry, and above all, he knows nothing about the life or the work of the men who man and run the ships of the American merchant marine. Mr. Irwin is not exactly a rare type among travelers on the sea. Ships, such as the Black Falcon, have been carrying a few passengers for many years, and during all of these hundreds of voyages of similar vessels, men of his type have made complaint about the service which they received from the steamship company. These passengers are a type which travel on such ships in order to save money on their passage, and attempt to make others believe that they are accustomed to receive much better service on other vessels. The only difference between Mr. Irwin and some of the others referred to, is the fact that Mr. Irwin "made the front page." He took advantage of the Senate committee's investigation to throw a bad light upon the

humble sailors, who man the ships that carry passengers such as he, and thousands of tons of valuable cargo safely through the seven seas.

After reading such gross misstatements and fabrications of the conduct of the officers and crew of the Black Falcon, one would wonder if Mr. Irwin's efforts were not part of an organized campaign, purely to discredit the American seamen and the maritime labor unions.

I have been a radio officer for more than 10 years, and have sailed to nearly all parts of the world on vessels flying the Stars and Stripes, more than 9 years of which were prior to the organization of the American seamen, and I wish to advise you, Mr. Senator, that I found the discipline and conduct of the crew of the Black Falcon fully as good as that which I have ever witnessed on any other vessel on which I have been employed.

In conclusion, I must state that the officers and unlicensed men of our merchant service are ready and willing at all times to render efficient and courteous service to passengers and shippers alike. We, the men who actually man these vessels, are more anxious than anyone to uphold the fine traditions of the American merchant marine.

Very respectfully yours,

GERALD HILTZ,

Radio Officer, S. S. Black Falcon, Black Diamond Line, New York, N. Y. The CHAIRMAN. Now, I wish to read for the record a letter I have received from Mr. Louis J. Kleinklaus, acting general secretary and treasurer of the Commercial Telegraphers' Union marine division, under date of December 16, 1937. It is as follows:

Hon. ROYAL S. COPELAND,

Senate Office Building, Washington, D. C.

DECEMBER 16, 1937.

DEAR SENATOR COPELAND: Today's press brings out statements and affidavits given as evidence before your committee Wednesday by Mort Brow representing the Communist American Radio Telegraphists Association, relating the compulsion by this organization, of one-time member, Radio Operator Edgar S. Johnson, to pay $5 to hold his job on the steamer City of Birmingham. We hold that this statement is grossly untrue and personal examination of the maker would eliminate credence in the affidavit and how it was obtained.

The most harmonious contractual relations exist between this organization and the Ocean Steamship Co. of Savannah, owner of the above vessel. One of the requisites of the contract is good standing of the radiomen in this organization. Further, on grounds of the numerous reports made to us, this Johnson had been relieved of duty and membership in this union because of his Communist agitation of the ship's crew under the direction of the Communist A. R. T. A. Under our agreement with the above owners, improper conduct will not be upheld.

This organization takes the stand at the present time, that any steps taken by Congress to correct the terrible chaos existing in the maritime industry, as a result of widespread Communist activity, is a step in the right direction, whether it be by mediation board or otherwise.

We feel further, that withdrawal of power over labor conditions in this industry held by the N. L. R. B., and substitute therefore a trustworthy governmental agency will be a step forward in eliminating Communist hoodlumism on ship-. board. We can refer you to the Ocean Steamship Co., the Colombian Steamship Co., and the A. H. Bull Steamship Co., to name a few, who have contractual relations with this union and other A. F. L. unions, wherein Communist agitation is nonexistent and do not have the conditions set forth in the justifiable letter of Daniel B. Erwin in Tuesday's testimony.

We have knowledge of Communist itimidation and violence upon members of this organization because of their union affiliation, equal to that experienced on the steamer Black Falcon.

We ask you to have this letter inserted as evidence in the record of testimony before your committee.

Please feel free to call me for testimony at any time.

Respectfully yours,

LOUIS J. KLEINKLAUS, Acting General Secretary-Treasurer.

C/f Hon. Schuyler O. Bland, chairman, House Merchant Marine Committee.

A third letter which I wish to read for the record is as follows: HARTWELL BROS., Memphis, Tenn., December 18, 1937.

Senator ROYAL S. COPELAND,

Chairman, Senate Commerce Committee,

Washington, D. C.

DEAR MR. COPELAND: I happened to read in the New York Herald Tribune an account of the Senate hearing pertaining to conditions on the S. S. Black Falcon of the Black Diamond Line.

This last summer I went and returned from Europe on the Black Diamond Line and it seemed to me that the lack of discipline on both ships was very evident and that the passengers suffered for this, especially on the return journey in connection with the service in the dining room.

As a result of my experience, I made up my mind that if I ever crossed the ocean again, I would do so on a foreign ship.

Sincerely,

B. A. COPP, Jr., Vice President. Senator VANDENBERG. In the Black Falcon case you get a typical example of the thing that the committee is up against from start to finish, a diametrically opposed statement as to the facts involved. It seems to me in this instance there is opportunity to at least partially determine who is right and who is wrong. Mr. Collins says these passengers wished to withdraw their complaints. I suggest that the committee correspond with them and find out.

Mr. EMERSON. Further on that, Senator Vandenberg, I understood it from both sides that, as a general rule, unless the captain is brought up on charges, the captain's word would also be taken into consideration. The captain on that ship has stated that the charges made by Mr. Irwin are false.

The CHAIRMAN. Do you think that under any circumstances the captain is now intimidated by the power of the union?

Mr. EMERSON. No, sir.

The CHAIRMAN. Would you be surprised to know we have had testimony to the contrary?

Mr. EMERSON. No; I would not be surprised. Nothing surprises me any more regarding testimony.

Another incident, which I shall not take up in detail because I hope the representatives of the Pacific will take it up, is the incident on the President Hoover.

Senator GIBSON. The recent incident?

Mr. EMERSON. The recent incident, when she went ashore off the tip of Formosa. These are statements from various papers, which I shall ask be incorporated in the record.

(The newspaper clippings referred to are to be incorporated in the record at this point.)

CREW OF "HOOVER" TELL STORY-EXPERIENCE 'QUAKE ON ISLAND-CHRISTMAS MAIL ON "PRESIDENT PIERCE"-RAN ON TO REEF

AN EARTHQUAKE WHICH GAVE THEM MORE OF A SHOCK THEN THE GROUNDING OF THE "PRESIDENT HOOVER' WAS SPOKEN OF BY MEMBERS OF THE CREW OF THE WRECKED VESSEL WHEN THE "PRESIDENT PIERCE" ARRIVED LAST NIGHT WITH 239 OF THE "HOOVER'S" CREW

Men declared that if the Hoover had not changed her course to go around a group of islands to the south of Formosa, instead of between them as was the usual course, the accident would not have happened. As it was, it was merely the space of a minute or so that decided the matter.

"If we had been a minute faster in turning to go outside the islands," asserted a seaman, "we'd have been all right. We just hit a coral reef at the northern tip of Hoishoto Island."

The President Hoover ran aground on Friday night while on her way to Manila from Kobe. The passengers were taken on to Manila on Tuesday by the President McKinley, and on the following day, the President Pierce, from Kobe, picked up the majority of the crew.

Members of the crew related how, just about midnight, while traveling at her regular speed of 19 knots, the Hoover ran straight on to the reef, bringing her bows high and dry.

Later she listed and swung broadside on.

There was no panic among the passengers, who were very well-behaved, and everybody stayed on board until morning, when lifeboats took them ashore.

CHRISTMAS MAIL ABROAD

At present the vessel is lying on her bottom and is perfectly safe. The only damaged part is the bottom. There is 23 feet of water in No. 3 hold, and 12 in No. 2. No more water is coming in. All the cargo and about 4,000 bags of mail are still on board, though all registered and first-class mail has been taken off. Incidentally, 468 bags of Christmas mail from the Hoover was brought to Hong Kong.

"We had a tough time," said one of the men, "but considering everything, we got a pretty good break. The Japanese did all they could be expected to do for us. "The people on the island were very primitive, and had never seen a white man before. We had to sleep where we could-in the schoolhouse, out in the open, in the houses, together with pigs and chickens which lived with the people." The women and children received preference in choice of accommodation and the rest made out as best they could. Later, some of the crew went back to the ship.

"We had plenty of food from the Hoover," another seaman said, "but fresh water was scarce, as sea water had seeped into some of our tanks.

"We spoilt the fishing for the islanders by pumping out oil when we ran aground," he went on.

Electricity was still to be had on the ship, and moving pictures were shown.

EXPERIENCED EARTHQUAKE

Referring to the earthquake, which occurred about 3:30 on Wednesday morning (after the passengers had gone), a man said it sent him out of his bunk onto the floor. It was a sudden tremor and lasted only a short while. No damage was done.

"My first impression was that the ship was cracking up," he said, "but when I got on the deck, I saw how smooth the sea was. It just gave us one good shaking.'

When told that according to a Manila report the had not been allowed to go ashore by the Japanese Chinese had come ashore with them and slept out. ship, and some were still there.

Chinese members of the crew authorities, the men said the Later they went back to the

The Hoover's crew spent last night on board the President Pierce and will probably leave her this morning. They expect to go to the United States on the President McKinley which comes in on Monday from Manila with the Hoover's passengers.

The Hoover is now attended by the Japanese salvage tug which left Hong Kong last week with Mr. T. B. Wilson, local agent, and Mr. T. H. Brayfield, marine expert. Lloyd's agent is also on the scene.

The cause of the wreck and the extent of the damage and the prospects of salvage will not be known for some time as investigations are not yet completed.

MANILA REPORT

MANILA, December 16.

Looking little the worse for their adventure, 453 President Hoover passengers have arrived here safely aboard the President McKinley.

They reported that the Japanese authorities on Hoishoto Island, where the Hoover is stranded, refused to permit the Chinese members of the disabled liner's crew to go ashore.

The passengers added that the Hoover was hard aground and it would require dynamite to move her.

32437-38-pt. 6- -3

-Reuter.