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agreement under which he was shipped, or at the time such seaman is discharged, whichever first happens; and in case of vessels making foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa. within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens; and in all cases the seaman shall be entitled to be paid at the time of his discharge on account of wages a sum equal to one-third part of the balance due him. Every master or owner who refuses or neglects to make payment in the manner hereinbefore mentioned without sufficient cause shall pay to the seaman a sum equal to two days' pay for each and every day during which payment is delayed beyond the respective periods, which sum shall be recoverable as wages in any claim made before the court; but this section shall not apply to masters or owners of any vessel the seamen of which are entitled to share in the profits or the cruise or voyage."
SEC. 3. That section forty-five hundred and thirty of the Revised Statutes of the United States be, and is hereby, amended to read as follows:
"SEC. 4530. Every seaman on a vessel of the United States shall be entitled to receive, within forty-eight hours after demand therefor, from the master of the vessel to which he belongs one-half part of the wages which shall be due him at every port where such vessel, after the voyage has been commenced, shall load or deliver cargo before the voyage is ended; and all stipulations to the contrary shall be held as void. And when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall then be due him, as provided in section forty-five hundred and twenty-nine of the Revised Statutes: Provided, That notwithstanding anything in section fortyfive hundred and fifty-two of the Revised Statutes, a seaman may except from the release signed by him under that section any specified claim or demand against the master or owner of the ship, and a note of any claim or demand so excepted shall be entered upon the release. The release shall not operate as a discharge and settlement of any claim or demand so noted, nor shall section forty-five hundred and fifty-two of the Revised Statutes apply to any payment, receipt, or settlement made with respect to any such claim or demand: Provided further, That this section shall apply to seamen on foreign vessels while in harbors of the United States, and the courts of the United States shall be open to such seamen for its enforcement."
SEC. 4. That section forty-five hundred and fifty-nine of the Revised Statutes of the United States be, and is hereby, amended to read as follows:
"SEC. 4559. Upon a complaint in writing, signed by the first and second officers or a majority of the crew of any vessel, while in a foreign port, that such vessel is in an unsuitable condition to go to sea because she is leaky or insufficiently supplied with sails, rigging, anchors, or any other equipment or that the crew is insufficient to man her or that her provisions, stores, and supplies are not or have not been during the voyage sufficient or wholesome, thereupon, in any of these or like cases, the consular or a commercial agent who may discharge any of the duties of a consul shall cause to be appointed three persons of like 'qualifications with those described in section forty-five hundred and fifty-seven, who shall proceed to examine into the cause of complaint and who shall proceed and be governed in all their proceedings as provided by said section."
SEC. 5. That section two of the Act entitled "An act to amend the laws relating to navigation," approved March third, eighteen hundred and ninety-seven, be, and is hereby, amended to read as follows:
"SEC. 2. That on and after June thirtieth, nineteen hundred and twelve, every place appropriated to the crew of any merchant vessel of the United States, except a yacht, a pilot boat, or any vessel of less than one hundred tons register, shall have a crew space of not less than one hundred cubic feet and not less than sixteen square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged therein. Such place or lodging shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water, and every such crew space shall be kept free from goods or stores not being the personal property of the crew occupying said place in use during the voyage.
"Every steamboat of the United States plying upon the Mississippi River or its tributaries shall furnish an appropriate place for the crew, which shall conform to the requirements of this section, so far as they are applicable thereto, by providing sleeping room in the engine room of such steamboat, properly
protected from the cold, wind, and rain by means of suitable awnings, or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck, under the direction and approval of the Supervising Inspector General of Steam Vessels, and shall be properly heated. "All steamers having more than twenty men on deck must have at least one light, clean, washing place. The washing outfit must be so constructed that there will be at least one for every second man of the watch if there is not a separate washing outfit for every seaman; the washing place must be provided with heating apparatus, although cargo-carrying merchant vessels which have no steam arrangements are exempted from this rule. The washing place can be in the same room with the closets if properly arranged and the sense of decency preserved. For the engine-room men, if their number ex ceeds ten, a separate washing place must be provided, which should be so located as to enable the men to reach it on their way from the stokehold before they enter the forecastle space. This washing place must be large enough to accommodate at least one-sixth of the engine-room men at the same time, it must have hot and cold water supply and shower baths (one for every four men), and a sufficient number of washtubs.
"Any failure to comply with this section shall subject the owner or owners to a penalty of five hundred dollars."
SEC. 6. That section forty-five hundred and ninety-six of the Revised Statutes of the United States be, and is hereby, amended to read as follows:
SEC. 4596. Whenever any seaman who has been lawfully engaged or any apprentice to the sea service commits any of the following offenses he shall be punished as follows:
"First. For desertion, by forfeiture of all or any part of the clothes or effects he leaves on board and of all or any part of the wages or emoluments which he has then earned.
"Second. For neglecting or refusing without reasonable cause to join his vessel or to proceed to sea in his vessel or for absence without leave at any time within twenty-four hours of the vessel's sailing from any port, either at the commencement or during the progress of the voyage, or for absence at any time without leave and without sufficient reason from his vessel and from his duty, not amounting to desertion, by forfeiture from his wages of not more than two days' pay or sufficient to defray any expenses which shall have been properly incurred in hiring a substitute.
"Third. For quitting the vessel, in whatever trade engaged, without leave, after her arrival at the port of her delivery and before she is placed in security, by forfeiture from his wages of not more than one month's pay.
"Fourth. For willful disobedience to any lawful command at sea. by being, at the option of the master, placed in irons until such disobedience shall cease, and upon arrival in port by forfeiture from his wages of not more than four days' pay, or at the discretion of the court, by imprisonment for not more than one month.
"Fifth. For continued willful disobedience to lawful command or continued willful neglect of duty at sea by being, at the option of the master, placed in irons, on bread and water, with full rations every fifth day, until such disobedience shall cease, and upon arrival in port by forfeiture, for every twentyfour hours' continuance of such disobedience or neglect, of a sum of not more than twelve days' pay, or by imprisonment for not more than three months, at the discretion of the court.
"Sixth. For assaulting any master or mate, in whatever trade engaged, by imprisonment of not more than two years.
Seventh. For willfully damaging the vessel, or embezzling any of the stores or cargo, in whatever trade engaged, by forfeiture out of his wages of a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, by imprisonment of not more than twelve months.
Eighth. For any act of smuggling for which he is convicted and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay such master or owner for such loss or damage, and the whole or any part of his wages may be retained in satisfaction or on account of such liability, and he shall be liable to imprisonment for a period of not more than twelve months." SEC. 7. That section forty-six hundred of the Revised Statutes of the United States be, and is hereby, amended to read as follows:
"SEC. 4600. It shall be the duty of all consular officers to discountenance insubordination by every means in their power and, where the local authorities can be usefully employed for that purpose, to lend their aid and use their
exertions to that end in the most effectual manner. In all cases where seamen or officers are accused, the consular officer shall inquire into the facts and proceed as provided in section forty-five hundred and eighty-three of the Revised Statutes; and the officer discharging such seaman shall enter upon the crew list and shipping articles and official log the cause of such discharge and the particulars in which the cruel treatment consisted and subscribe his name thereto officially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and subscribed in the same manner."
SEC. 8. That section forty-six hundred and eleven of the Revised Statutes of the United States be, and is hereby, amended to read as follows:
"SEC. 4611. Flogging and all other forms of corporal punishment are hereby prohibited on board of any vessel, and no form of corporal punishment on board of 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 of not less than three months nor 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 on the part of such master to comply herewith, which failure shall result in the escape of such officer, shall render the master or the vessel liable in damages for such punishment to the person illegally punished by such officer."
SEC. 9. That section twenty-three of the act entitled "An act to amend the laws relating to American seamen, for the protection of such seamen, and to promote commerce," approved December twenty-first, eighteen hundred and ninety-eight, be, and is hereby, amended as regards the items of water and butter, so that in lieu of a daily requirement of four quarts of water there shall be a requirement of five quarts of water every day, and in lieu of a daily requirement of one ounce of butter there shall be a requirement of two ounces of butter every day.
SEC. 10. That section twenty-four of the act entitled "An act to amend the laws relating to American seamen, for the protection of such seamen, and to promote commerce," approved December twenty-first, eighteen hundred and ninety-eight, be, and is hereby, amended to read as follows:
"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 seamen wages in advance of the time when he has actually earned the same, or to pay such advance wages, or to issue any note for the payment of the same, to any other person, or to pay any person, other than an officer authorized by an act of Congress to collect fee for such service, any remuneration for the shipment of seamen. Any person paying such advance wages or remuneration, or issuing any note for the payment of the same, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than four times the amount of wages so advanced, or remuneration so paid, or of the note so issued, 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 absolve the vessel or the master or the owner thereof from the 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.
"(b) That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages he may earn to his grandparents, parents, wife, sister, or children. But no allotment whatever shall be allowed in the trade between the mainland ports of the United States, or in the trade between the insular ports of the United States, or between insular ports and mainland ports of the United States, or in the trade between the ports of the United States and the Dominion of Canada, Newfoundland, the West Indies, or Mexico.
"(c) That no allotment shall be valid unless signed by and approved by the shipping commissioner. It shall be the duty of the 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.
"(d) 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 shall, for every such offense, be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months, at the discretion of the court.
"(e) 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 similar violation.
“(f) That for the purpose of subsection (e) of this section the master, owner, consignee, or agent of any foreign vessel seeking clearance from a port of the United States shall present his shipping articles at the office of clearance, and no clearance shall be granted any such vessel unless the provisions of this section have been complied with.
“(g) That under the direction of the Secretary of Commerce and Labor the Commissioner of Navigation shall make regulations to carry out this section,'
SEC. 11. That section twenty-six of an act entitled "An act to amend the laws relating to American seamen, for the protection of such seamen, and to promote commerce," approved December twenty-first, eighteen hundred and ninety-eight, be, and is hereby, amended to read as follows:
"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 two, three, five, six, seven, eight, nine, ten, eleven, thirteen, fourteen, fifteen, twentythree, and twenty-four shall not apply to yachts."
SEC. 12. That section forty-five hundred and thirty-six of the Revised Statutes of the United States be, and is hereby, amended to read as follows:
"SEC. 4536. No wages due or accruing to any seaman or apprentice shall be subject to attachment or arrestment from any court, and every payment of wages to a seaman or apprentice shall be valid in law, notwithstanding any previous sale or assignment of wages, or of any attachment, encumbrance, or arrestment thereon; and no assignment or sale of wages, or of salvage, made prior to the accruing thereof shall bind the party making the same. This sec tion shall apply to fishermen employed on fishing vessels as well as to other seamen."
SEC. 13. That in steam vessels of the United States, except those navigating rivers exclusively, at least seventy-five per centum of the deck crew, exclusive of licensed officers, shall be of a rating not less than able seaman, and no person shall be engaged as able seaman unless upon proof that he is such within the meaning of this act, and that no vessel shall depart from any port of the United States unless she shall have in her service and on board a crew seventy-five per centum of whom in each department thereof shall be able to understand any lawful order given by the officers of such vessel. Any steam vessel proceeding to sea without the full complement of able seamen provided for by this section shall forfeit to the United States a sum double the wages saved by such shortage.
It is hereby made the duty of every board of local inspectors, under rules approved by the Secretary of Commerce and Labor, to examine applicants claiming to be able seamen, and to issue to each such applicant, after examination, provided he shall have shown the requisite fitness, a certificate as an able seaman. which certfiicate shall at all times be retained by the person to whom it is issued; and any able seaman may prove his rating within the meaning of this act by producing the certificate issued to him by the board of local inspectors, in pursuance of this section: Provided, That certificates of discharge issued by any authorized official and showing at least three years' service on deck at sea or on the Great Lakes shall be prima facie evidence of the rating herein specified. SEC. 14. That every sailing or steam vessel shall carry in her crew a boy or boys, native of the United States, or one whose father or mother is a naturalized citizen of the United States, as follows: If she be three hundred registered tons or more, but less than one thousand five hundred register tons, at least one boy; if she be one thousand five hundred tons register or more, at least two boys or apprentices. Any vessel leaving any port of the United States without the boy or boys required by this section shall be liable to a penalty of one hundred dollars for each offense: Provided, That this penalty shall not apply if,
after reasonable diligence, the boy or boys required by this section could not be obtained.
SEC. 15. That towing of more than one barge cr other vessel fifty miles or more through the open sea is hereby prohibited, unless such barges or vessels so towed are provided with motive power and a crew sufficient to manage such barges or vessels.
SEC. 16. That the towing of log rafts or lumber rafts fifty miles or more through the open sea is hereby prohibited. Any violation of this section shall be punished by a fine, payable to the United States, equal to double the difference in expense between such illegal towing and the expense of separate towing of such barges or vessels, or in the case of rafts, double the difference in expense between such illegal towing and transporting of such logs or lumber by vessel.
SEC. 17. That sections four thousand and eighty, four thousand and eightyone, and fifty-two hundred and eighty of the Revised Statutes of the United States are hereby repealed, and that so much of treaties with foreign nations as provide for the arrest, imprisonment, and delivering up to the vessel from which he has deserted of any merchant seaman, or is otherwise inconsistent with this act, is hereby abrogated.
SEC. 18. That this act shall take effect in American vessels ninety days and in foreign vessels twelve months after its passage.
The CHAIRMAN. Mr. Furuseth, have you anything to say?
PRELIMINARY STATEMENT OF MR. ANDREW FURUSETH, OF SAN FRANCISCO, CAL., PRESIDENT OF THE INTERNATIONAL SEAMEN'S UNION OF AMERICA.
Mr. FURUSETH. Mr. Chairman and gentlemen of the committee, I have here a list of the names of those who are present, whom they represent, and their home addresses. It would save time if I might be permitted to give this list to the stenographer to be put in the record.
The CHAIRMAN. Hand it to the stenographer. (The list above referred to is as follows:)
William H. Frazier, secretary-treasurer International Seamen's Union and secretary of the Atlantic Coast Seamen's Union, 1 Lewis Street, Boston, Mass. Victor A. Olander, second vice president International Seamen's Union and secretary of the Lake Seamen's Union, 570 West Lake Street, Chicago, Ill. Walter Macarthur, editor Coast Seamen's Journal, 44-46 East Street, San Francisco, Cal.
I. N. Hylen, secretary of the Alaska Fishermen's Union, 93 Steuart Street. San Francisco, Cal.
Thomas Conway, representing the Marine Firemen, Oilers, and Water-Tenders' Union of the Great Lakes, 71 Main Street, Buffalo, N. Y.
Chris Johnson, representing the Marine Cooks and Stewards' Union of the Great Lakes, 1401 West Ninth Street, Cleveland, Ohio.
H. McHale, representing the Marine Cooks and Stewards' Union of the Pacific, 51 Steuart Street, San Francisco, Cal.
Thomas A. Hansen, seventh vice president of the International Seamen's Union and treasurer of the Lake Seamen's Union, 570 West Lake Street, Chicago, Ill.
Fred Swanson, representing the Alaska fishermen, 84 Seneca Street, Seattle, Wash.
P. B. Gill, fifth vice president International Seamen's Union and representing the Sailors' Union of the Pacific, 84 Seneca Street, Seattle, Wash.
Patrick Flynn, first vice president International Seamen's Union and secretary of the Marine Firemen, Oilers, and Water-Tenders' Union of the Pacific, 91 Steuart Street, San Francisco, Cal.
Ed. Barry, representing the Marine Cooks and Stewards' Union of the Pacific, San Pedro, Cal.