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ment on board any vessel shall be deemed justifiable, and any master or other officer thereof who shall violate the aforesaid provisions of this section or either thereof shall be deemed guilty of a misdemeanor, punishable by imprisonment not less than three months or more than two years. Whenever any officer other than the master of such vessel shall violate any provision of this section, it shall be the duty of such master to surrender such officer to the proper authorities as soon as practicable. Any failure upon the part of such master to comply herewith, which failure shall result in the escape of such officer, shall render said master liable in damages to the person illegally punished by such officer."
SEC. 23. That section forty-six hundred and twelve of the Revised Statutes is hereby amended by striking out the scale of provisions and substitutes in Table A, and in place thereof inserting the following scale of provisions and substitutes to be allowed and served out to the crew during the voyage:
"One pound of flour daily may be substituted for the daily ration of biscuit or fresh bread; two ounces of desiccated vegetables for one pound of potatoes or yams; six ounces of hominy, oatmeal, or cracked wheat, or two ounces of tapioca, for six ounces of rice; six ounces of canned vegetables for one half pound of canned tomatoes; one-eighth of an ounce of tea for three fourths of an ounce of coffee; three-fourths of an ounce of coffee for one eighth of an ounce of tea; six ounces of canned fruit for three ounces of dried fruit; one-half ounce of lime juice for the daily ration of vinegar; four ounces of oatmeal or cracked wheat for one-half pint of corn meal; two ounces of pickled onions for four ounces of fresh onions.
"When the vessel is in port and it is possible to obtain the same, one-and-one-half pounds of fresh meat shall be substituted for the daily rations of salt and canned meat; one-half pound of green cabbage for one ration of canned tomatoes; one-half pound of fresh fruit for one ration of dried fruit. Fresh fruit and vegetables shall be served while in port if obtainable. The seamen shall have the option of accepting
the fare the master may provide, but the right at any time to demand the foregoing scale of provisions.
"The foregoing scale of provisions shall be inserted in every article of agreement, and shall not be reduced by any contract, except as above, and a copy of the same shall be posted in a conspicuous place in the galley and in the forecastle of each vessel."
SEC. 24. That section ten of chapter one hundred and twenty-one of the laws of eighteen hundred and eighty-four, as amended by section three of chapter four hundred and twenty-one of the laws of eighteen hundred and eighty-six, be, and is hereby, amended to read as follows: "SEC. 10. (a) That it shall be, and is hereby, made unlawful in any case to pay any seaman wages in advance of the time when he has actually earned the same, or to pay such advance wages to any other person. Any person paying such advance wages shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than four times the amount of the wages so advanced, and may also be imprisoned for a period not exceeding six months, at the discretion of the court. The payment of such advance wages shall in no case, excepting as herein provided, absolve the vessel or the master or owner thereof from full payment of wages after the same shall have been actually earned, and shall be no defense to a libel, suit, or action for the recovery of such wages. If any person shall demand or receive, either directly or indirectly, from any seaman or other person seeking employment as seaman, or from any person on his behalf, any remuneration whatever for providing him with employment, he shall for every such offense be liable to a penalty of not more than one hundred dollars.
"(b) That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages which he may earn to his grand parents, parents, wife, sister, or children. But
no allotment whatever shall be allowed in the trade between the ports of the United States (except as provided in subdivision C of this section) or in trade between ports of the United States and the Dominion of Canada, Newfoundland, the West Indies and Mexico.
"(c) That it shall be lawful for any seaman engaged in a vessel bound from a port on the Atlantic to a port on the Pacific or vice versa, or in a vessel engaged in foreign trade, except trade between the United States and the Dominion of Canada or Newfoundland or the West Indies or the Republic of Mexico, to stipulate in his shipping agreement for an allotment of an amount, to be fixed by regulation of the Commissioner of Navigation, with the approval of the Secretary of the Treasury, not exceeding one month's wages, to an original creditor in liquidation of any just debt for board or clothing which he may have contracted prior to engagement.
"(d) That no allotment note shall be valid unless signed by and approved by the shipping commissioner. It shall be the duty of said commissioner to examine such allotments and the parties to them and enforce compliance with the law. All stipulations for the allotment of any part of the wages of a seaman during his absence which are made at the commencement of the voyage shall be inserted in the agreement, and shall state the amounts and times of the payments to be made and the persons to whom the payments are to be made.
"(e) That no allotment except as provided for in this section shall be lawful. Any person who shall falsely claim to be such relation as above described of a seaman under this section or shall make a false statement of the nature or amount of any debt claimed to be due from any seaman
under this section shall for every such offense be punishable by a fine not exceeding five hundred dollars or imprisonment not exceeding six months, at the discretion of the court.
"(f) That this section shall apply as well to foreign vessels as to vessels of the United States; and any master, owner, consignee, or agent of any foreign vessel who has violated its provisions shall be liable to the same penalty that the master, owner, or agent of a vessel of the United States would be for a similar violation: Provided, That treaties in force between the United States and foreign nations do not conflict.
"(g) That under the direction of the Secretary of the Treasury the Commissioner of Navigation shall make regulations to carry out this section."
SEC. 25. That section three of chapter four hundred and twenty-one of the laws of eighteen hundred and eighty-six, approved June nineteenth, eighteen hundred and eighty-six; sections forty-five hundred and thirty-one, forty-five hundred and thirty two, forty-five hundred and thirty-three, forty-five hundred and thirty-four, forty-five hundred and ninety-eight, forty-five hundred and ninety-nine, forty-six hundred and one, and forty-six hundred and nine, of the Revised Statutes, and so much of chapter ninety-seven of the laws of eighteen hundred and ninety-five as relates to allotment, and subdivision eight of section fortyfive hundred and eleven of the Revised Statutes, in so far as the same relates to the domestic trade as defined in section nineteen of this Act, and that section three of an Act entitled "An Act to amend the laws relating to navigation, and for other purposes," approved April fourth, eighteen hundred and eighty-eight, chapter sixty-one. page eighty, Statutes Fiftieth Congress, first session, are hereby repealed.
SEC. 26. That this Act shall take effect sixty days after its approval, and shall apply to all vessels not herein specifically exempted, but sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, thirteen, fourteen, fifteen, twenty-three, and twenty-four shall not apply to fishing or whaling vessels or yachts.
Approved, December 21, 1898.
Landing of aliens.
Aliens landing at ports of the United States in transit to foreign contiguous territory.
OFFICE OF COMMISSIONER-GENERAL OF IMMIGRATION,
Washington, D. C., January 3, 1899.
Commissioner of Immigration, Barge Office, New York:
SIR: It is noted that in your letter of the 28th ultimo, No. 11697, transmitting papers on appeal in the case of certain Syrians, who arrived at your port per steamship Moravia, December 15, 1898, you have used the following words:
The Board unanimously voted to sustain its excluding decision, having in mind the Department's instructions that immigrants should not be admitted in transit to another country who are not eligible to admission in the United States.
It appears to the Department that the interpretation given by you to the oral instructions in relation to aliens in transit through the United States to another country is rather too broad. The object contemplated when these instructions were given was to prevent immigrants who are clearly among the excluded classes from gaining entry upon the simple profession of an intention to pass through, and in this light alone should the said instructions be viewed. If, on the other hand, you are satisfied as to the bona fides of the expressed purpose of immigrants who claim merely to be in transit to foreign contiguous territory, they should not be excluded from landing for that purpose, even though they may be among the class prohibited an entry for the purpose of residing here.
The Department is aware of the practical difficulties presented by this distinction, but in view of the undoubted right of citizens of foreign countries to cross American territory, it is equally difficult to perceive any other solution of the problem than to confide to the discretion of the immigration officials the determination as to whether immigrants in each individual case are speaking the truth or not in stating their purpose as aforesaid.
Respectfully, yours, T. V. POWDERLY, Commissioner-General. Approved :
O. L. SPAULDING, Acting Secretary.
Certificates of inspection.
Copies of certificates of inspection of steam vessels exempt from taxation.
TREASURY DEPARTMENT, January 3, 1899.
SIR: In reply to your letter of the 29th ultimo, in the matter of applying revenue stamps to copies of inspection certificates of steam vessels, you are informed that you should be governed by the decision (20387), November 26, 1898, from the office of the Commissioner of Internal Revenue.
Respectfully, yours, O. L. SPAULDING, Acting Secretary. COLLECTOR OF CUSTOMS, Baltimore, Md.
Tennis jackets, composed chiefly of cotton, with a small percentage of wool, are dutiable as manufactures of wool.--Appeal from decision of the Board, G. A. 4315.
TREASURY DEPARTMENT, January 3, 1899.
SIR: The Department is in receipt of a decision of the Board of General Appraisers, dated the 7th ultimo (G. A. 4315), wherein it is held that certain tennis jackets composed chiefly of cotton with a small per
centage of wool, are dutiable at 50 per cent ad valorem under paragraph 314 of the tariff act of July 24, 1897, as "wearing apparel of which cotton is the component material of chief value," and not under paragraph 370 of the same act as "articles of wearing apparel composed wholly or in part of wool," as classified by you.
Paragraph 314 of the act of July 24, 1897, provides as follows:
Clothing, ready-made, and articles of wearing apparel of every description, including neck-ties or neckwear composed of cotton or other vegetable fiber, or of which cotton or other vegetable fiber is the component material of chief value, made up or manufactured, wholly or in part, by the tailor, seamstress, or manufacturer, and not otherwise provided for in this Act, fifty per centum ad valorem. * * *
Paragraph 370 of the same act reads as follows:
On clothing, ready-made, and articles of wearing apparel of every description, including shawls whether knitted or woven, and knitted articles of every description, made up or manufactured wholly or in part, felts not woven and not specially provided for in this Act, composed wholly or in part of wool, the duty per pound shall be four times the duty imposed by this Act on one pound of unwashed wool of the first class, and in addition thereto sixty per centum ad valorem.
The Board of General Appraisers finds that the tennis jackets referred to are unquestionably articles of wearing apparel within the meaning of that phrase as used in each of the paragraphs above cited, and thereupon proceeds to determine which of the two paragraphs contains the narrower and more specific designation, to wit: "Wearing apparel composed in part of wool" or "wearing apparel in which the component material of chief value is cotton." Referring to the decision of the Supreme Court in Hartranft v. Meyer (135 U. S., 237), wherein it was held that the phrase "Merchandise made of silk or of which silk is the component material of chief value" was a narrower and more limited description than the words, "All manufacturers of wool of every description made in part of wool, not specially enumerated or provided for," the Board reaches the conclusion that the enumeration for "Wearing apparel * * * composed of cotton or of which cotton is the component material of chief value," is a more specific and narrower enumeration than that contained in paragraph 370 of the same act, and, therefore, reverses your action in this case.
I have to inform you that the Department does not concede the correctness of the conclusions reached by the Board of General Appraisers in this matter. The case of Hartranft v. Meyer, referred to by the Board as an authoritative decision on this issue, was raised under the act of March 3, 1883. Paragraph 362 of that act provided for "Manufactures of wool of every description made wholly or in part of wool not specially enumerated or provided for." Paragraph 383 of the same act provided for "All goods, wares and merchandise not specially enumerated or provided for made of silk or of which silk is the component material of chief value." Both paragraphs, it will be observed,