CERTIFICATES OF INSPECTION OF STEAM VESSELS. JANUARY 15, 1915.-Referred to the House Calendar and ordered to be printed. Mr. ALEXANDER, from the Committee on the Merchant Marine and Fisheries, submitted the following REPORT. [To accompany H. R. 20107.] The Committee on the Merchant Marine and Fisheries, to whom was referred the bill (H. R. 20107) to amend sections 4421, 4422, 4423, 4424, and 4498 of the Revised Statutes of the United States and section 12 of the act of May 28, 1908, relating to certificates of inspection of steam vessels, having considered the bill, report it to the House with the recommendation that it do pass. The advisability of this legislation is fully set forth in the following communications from Hon. A. L. Thurman, Solicitor for the Department of Commerce, and Gen. George W. Uhler, Supervising Inspector General Steamboat-Inspection Service: Hon. J. W. ALEXANDER, DEPARTMENT OF COMMERCE, House of Representatives, Washington, D. C. OFFICE OF THE SOLICITOR, DEAR SIR: Your letter of the 21st instant, addressed to Secretary Redfield, in regard to H. R. 20107, a bill to amend sections 4421, 4422, 4423, 4424, and 4498 of the Revised Statutes of the United States, and section 12 of the act of May 28, 1908, relating to certificates of inspection of steam vessels, and requesting that the advice of the department be given to the committee, with reference to the merits of the bill and the wisdom of enacting the same into law, has been referred to me for attention. I herewith send you a communication addressed to me by Gen. Uhler, Supervising Inspector General Steamboat-Inspection Service, containing in full the reasons why the bureau considers the proposed legislation not only advisable but necessary. The communication of Gen. Uhler expresses the opinion of the department. If there is any other information the committee would like in regard to the bill, if you will notify me, I will see that it is promptly furnished. Respectfully, A. L. THURMAN, Solicitor. DEPARTMENT Of Commerce, The SOLICITOR DEPARTMENT OF COMMERCE: This bureau submits herewith, in accordance with recent general directions of the Secretary of Commerce, the following proposed amendments in sections 4421, 4422, 4423, 4424, and 4498, Revised Statutes of the United States, and in section 12 of the act of Congress approved May 28, 1908, entitled "An act to amend the laws relating to navigation, and for other purposes," which amendments relate to certificates of inspection and certificate to carry gunpowder issued to vessels, for the necessary action thereon, with the recommendation that these amendments be submitted to Congress for enactment into law. CERTIFICATE OF INSPECTION. Section 4421, Revised Statutes, as amended by the act of Congress approved June 25, 1910, reads as follows: "SEC. 4421. When the inspection of a steam vessel is completed and the inspectors approve the vessel and her equipment throughout, they shall make and subscribe a certificate to the collector or other chief officer of the customs of the district in which such inspection has been made, in accordance with the form and regulations prescribed by the board of supervising inspectors. Such certificate shall be verified by the oaths of inspectors signing it, before the chief officer of the customs of the district or any other person competent by law to administer oaths. If the inspectors refuse to grant a certificate of approval, they shall make a statement in writing, and sign the same, giving the reasons for their disapproval. Upon such inspection and approval the inspectors shall also make and subscribe a temporary certificate, which shall set forth substantially the fact of such inspection and approval, and shall deliver the same to the master or owner of the vessel, and shall keep a copy thereof on file in their office. The said temporary certificate shall be carried and exposed by vessels in the same manner as is provided in section forty-four hundred and twenty-three for copies of the regular certificate, and the form thereof and the period during which it is to be in force shall be as prescribed by the board of supervising inspectors, or the executive committee thereof, as provided in section forty-four hundred and five. And such temporary certificate, during such period and prior to the delivery to the master or owner of the copies of the regular certificate, shall take the place of and be a substitute for such copies of the regular certificate of inspection, as required by sections forty-four hundred and twenty-three, forty-four hundred and twenty-four, and forty-four hundred and twenty-six, and for the purposes of said sections, and shall also, during such period, be a substitute for the regular certificate of inspection, as required by section forty-four hundred and ninety-eight, and for the purposes of said section until such regular certificate of inspection has been filed with the collector or other chief officer of customs. Such temporary certificate shall also be subject to revocation in the manner and under the conditions provided in section forty-four hundred and fiftythree. No vessel required to be inspected under the provisions of this title shall be navigated without having on board an unexpired regular certificate of inspection or such temporary certificate: Provided, however, That any such vessel, operated upon a regularly established line from a port of the United States to a port of a foreign country not contiguous to the United States, whose certificate of inspection expires at sea, or while said vessel is in a foreign port or a port of the Philippine Islands or Hawaii, may lawfully complete her voyage without the regular certificate of inspection or the temporary certificate required by this section, and no liability for penalties imposed by this title for want of such certificate shall be incurred until her voyage shall have been completed: Provided, That said voyage shall be so completed within thirty days after the expiration of said certificate or temporary certificate: Provided, further, That no such vessel whose certificate of inspection shall expire within fifteen days of the day of her sailing shall proceed upon her voyage to such port of a foreign country not contiguous to the United States without first having procured a new certificate of inspection or the temporary certificate required by this section." This bureau recommends that the section be amended so as to read as follows (only the part down to the first proviso has been amended); "SEC. 4421. When the inspection of a steam vessel is completed and the inspectors approve the vessel and her equipment throughout. they shall make and subscribe a certificate, which shall be delivered to the master or owner of the vessel, and a copy of said certificate shall be kept on file in the inspectors' office. The inspectors shall deliver one copy of the certificate to the collector or other chief officer of the customs of the district in which such inspection has been made, in accordance with the form and regulations prescribed by the board of supervising inspectors. Such certificate shall be verified by the oaths of inspectors signing it, before the chief officer of the customs of the district or any other person competent by law to administer oaths. Every collector or other chief officer of the customs shall retain on file all copies of certificates of the inspectors required to be delivered to him. If the inspectors refuse to grant a certificate of approval, they shall make a statement in writing, and sign the same, giving the reasons for their disapproval. Upon such inspection and approval the inspectors shall also make and subscribe a temporary certificate, which shall set forth substantially the fact of such inspection and approval, and shall deliver the same to the master or owner of the vessel, and shall keep a copy thereof on file in their office. The said temporary certificate shall be carried and exposed by vessels in the same manner as is provided in section forty-four hundred and twenty-three for the regular certificate, and the form thereof and the period during which it is to be in force shall be as prescribed by the board of supervising inspectors, or the executive committee thereof, as provided in section forty-four hundred and five. And such temporary certificate, during such period and prior to the delivery to the master or owner of the regular certificate, shall take the place of and be a substitute for the regular certificate of inspection, as required by this section and by section forty-four hundred and twenty-six, and for the purposes of said sections. Such temporary certificate shall also be subject to revocation in the manner and under the conditions provided in section forty-four hundred and fifty-three. No vessel required to be inspected under the provisions of this title shall be navigated without having on board an unexpired regular certificate of inspection or such temporary certificate: Provided, however, That any such vessel, operated upon a regularly established line from a port of the United States to a port of a foreign country not contiguous to the United States, whose certificate of inspection expires at sea, or while said vessel is in a foreign port or a port of the Philippine Islands or Hawaii, may lawfully complete her voyage without the regular certificate of inspection or the temporary certificate required by this section, and no liability for penalties imposed by this title for want of such certificate shall be incurred until her voyage shall have been completed: Provided. That said voyage shall be so completed within thirty days after the expiration of said certificate or temporary certificate: Provided further. That no such vessel whose certificate of inspection shall expire within fifteen days of the date of her sailing shall proceed upon her voyage to such port of a foreign country not contiguous to the United States without first having procured a new certificate of inspection or the temporary certificate required by this section." The purposes of the proposed amendments in the section are as follows: First. Present section 4421 requires that the original copy of the certificate of inspection issued to a steam vessel shall be delivered to the chief officer of customs and that a copy of same shall be retained by the inspectors. Present section 4423 requires that every chief officer of customs shall retain on file the original certificate of inspection and shall issue to the master or owner of the vessel three certified copies thereof, two of which shall, where practicable, be posted in conspicuous places in the vessel, and the third copy shall be retained by the master or owner. Altogether five copies of the certificate of inspection, including the original, are now required by law. By the proposed amendments in section 4421, the original certificate would be issued by the inspectors direct to the owner or master and be kept on board the vessel. The inspectors would issue a copy of the certificate to the chief officer of customs of the district, which would be filed in his office. A copy of the certificate would be retained on file in the inspectors' office. Three copies of the certificate of inspection, including the original certificate, for every steam vessel inspected would thus be required under the proposed amendment, thereby saving two copies for each steam vessel inspected. This bureau deems that the original certificate of inspection issued direct to the master or owner of the vessel, one copy to the chief officer of customs, and one copy on file in the inspectors' office are sufficient, for the reason that one copy posted on board the vessel is sufficient for the vessel, and it is not necessary that the master or owner of the vessel have a copy in addition to that in his possession on board the vessel. As to issuing the original certificate of inspection direct to the master or owner of the vessel, and kept on board the vessel, delivering a copy of the certificate to the chief officer of customs, and retaining a copy on file in the inspectors' office, would state that such is now the practice in the case of certificates of inspection issued to sail vessels of over 700 gross tons carrying passengers for hire, and barges of over 100 gross tons carrying passengers for hire, under the provisions of section 4417, Revised Statutes, and in the case of certificates of examination issued to foreign steam vessels of countries having reciprocal inspection with the United States, under the provisions of section 4400, Revised Statutes, as amended by the act of Congress approved March 17, 1906, which practice works satisfactorily. Second. The words "forty-four hundred and twenty-three, forty-four hundred and twenty-four," and "and shall also, during such period, be a substitute for the regular certificate of inspection, as required by section 4498, and for the purposes of said section until such regular certificate of inspection has been filed with the collector or other chief officer of customs,' are stricken out, to conform with proposed amendments in sections 4421, 4423, 4424, and 4498. LICENSE TO CARRY GUNpowder. Section 4422, Revised Statutes, reads as follows: "SEC. 4422. Upon the application of any master or owner of any steam vessel employed in the carriage of passengers, for a license to carry gunpowder, the local inspectors shall examine such vessel, and if they find that she is provided with a chest or safe composed of metal, or entirely lined and sheathed therewith, or if the vessel has one or more compartments thoroughly lined and sheathed with metal, at a secure distance from any fire, they may grant a certificate to that effect, authorizing such vessel to carry as freight within such chest, safes, or compartments, the article of gunpowder." This bureau recommends that the section be amended so as to read as follows: "SEC. 4422. Upon the application of any master or owner of any steam vessel employed in the carriage of passengers, for a license to carry gunpowder, the local inspectors shall examine such vessel, and if they find that she is provided with a chest or safe composed of metal, or entirely lined and sheathed therewith, or if the vessel has one or more compartments thoroughly lined and sheathed with metal, at a secure distance from any fire, they may grant a certificate to that effect, authorizing such vessel to carry as freight within such chest, safes, or compartments, the article of gunpowder, which certificate shall be kept conspicuously posted on board such vessel.” A comma and the words "which certificate shall be kept conspicuously posted on board such vessel" are added after the word "gunpowder" at end of the section. A corresponding amendment is proposed to be made in section 4424, Revised Statutes. The purpose of this amendment in section 4422 is to require that the certificate to carry gunpowder shall be kept conspicuously posted on board the vessel. Present section 4424 provides that such steam vessel shall be liable to a penalty if a certified copy of the certificate is not "placed and kept as required" when carrying gunpowder on board, but the law does not state how the certificate is required to be placed and kept. This bureau deems it advisable to require that when gunpowder is carried on a passenger steamer the fact should be made public by posting the certificate on board. POSTING OF CERTIFICATE OF INSPECTION. Section 4423, Revised Statutes, as amended by act of Congress approved March 3, 1905, reads as follows: "SEC. 4423. Every collector or other chief officer of the customs shall retain on file all original certificates of the inspectors required to be delivered to him, and shall give to the master or owner of the vessel therein named three certified copies thereof, two of which shall be placed by such master or owner in conspicuous places in the vessel where they will be most likely to be observed by passengers and others, and there kept at all times, framed under glass, and the other shall be retained by such master or owner as evidence of the authority thereby conferred: Provided, however, That where it is not practicable to so expose said copies they shall be carried in the vessel in such manner as shall be prescribed by the regulations established by the board of supervising inspectors with the approval of the Secretary of Commerce." This bureau recommends that the section be amended so as to read as follows: "SEC. 4423. The original certificate of inspection delivered to the master or owner of a steam vessel shall be placed by such master or owner in a conspicuous place in the vessel where it will be most likely to be observed by passengers and others, and there kept at all times, framed under glass, as evidence of the authority thereby conferred: Provided, however, That where it is not practicable to so expose said certificate, it shall be carried in the vessel in such manner as shall be prescribed by the regulations established by the board of supervising inspectors with the approval of the Secretary of Commerce." The first part of the present section reading, "Every collector or other chief officer of the customs shall retain on file all original certificates of the inspectors required to be delivered to him, and shall give to the master or owner of the vessel therein named three certified copies thereof, two of which," has been proposed to be amended, and is included in proposed amended section 4421. The balance of the section has been changed so as to agree with the proposed amendments in section 4421 and relates only to the matter of posting of the certificate of inspection. CARRYING PASSENGERS OR GUNPOWDER CONTRARY TO LAW. Section 4424, Revised Statutes, reads as follows: "SEC. 4424. Whenever any passenger is received on board any steam vessel not having the certified copies of the certificate of approval placed and kept as required by this title, or whenever any passenger steam vessel receives or carries any gunpowder on board, not having a certificate authorizing the same, and a certified copy thereof placed and kept as required, or shall carry any gunpowder at a place or in a manner not authorized by such certificate, such steam vessel shall be liable to a penalty of one hundred dollars for each offense." This bureau recommends that the section be amended so as to read as follows: "SEC. 4424. Whenever any passenger is received on board any steam vessel not having an unexpired certificate of approval or an unexpired temporary certificate of approval placed and kept as required by this title, or whenever any passenger steam vessel receives or carries any gunpowder on board, not having a certificate authorizing the same, placed and kept as required, or shall carry any gunpowder at a place or in a manner not authorized by such certificate, such steam vessel shall be liable to a penalty of one hundred dollars for each offense." The first part of the section, in regard to the kind of certificate of approval required to be carried, is amended so as to correspond with the amendments proposed to be made in section 4421. In the latter part of the section, in regard to license to carry gunpowder, the words "and a certified copy thereof" are struck out. The purpose of this amendment has been set forth in part under the heading of "license to carry gunpowder." The proposed amendment further requires that only the original certificate to carry gunpowder shall be posted on board, and does away with the requirement that the vessel, in addition to having a certificate authorizing the carrying of gunpowder, shall also have "a certified copy thereof placed and kept as required." REGISTRY, ENROLLMENT, ETC., DENIED TO VESSELS NOT COMPLYING WITH THE law. Section 4498, Revised Statutes, as amended by the act of Congress approved March 3, 1905, reads as follows: "SEC. 4498. A register, enrollment, or license shall not be granted or other papers be issued by any collector or other chief officer of customs to any vessel subject by law to inspection under this title until all the provisions of this title applicable to such vessel have been fully complied with and until the certificate of inspection required by this title for such vessel has been filed with said collector." This bureau recommends that the section be amended so as to read as follows: "SEC. 4498. A register, enrollment, or license shall not be granted or other papers be issued by any collector or other chief officer of customs to any vessel subject by law to inspection under this title until all the provisions of this title applicable to such vessel have been fully complied with and until the copy of the certificate of inspection required by this title for such vessel has been filed with said collector or other chief officer of customs." The words "copy of the" have been inserted between the words "the" and "certificate," so as to make the section agree with the proposed amendment in section 4421, which requires that a copy of the certificate of inspection shall be furnished the chief officer of customs instead of the original certificate of inspection. The words "or other chief officer of customs" have been added immediately after the word "collector" at the end of the section, so as to make that part of the section apply also to chief officers of customs other than collectors, as surveyors of customs, in the general manner stated in the first part of the section. |