The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-12-20
OUR MERCHANT AME
LEGIsBATIVE MEASURES ron BET
TERING THEIR CONDITION, =.

space Allowed to of
WnEes-Lioenses OF shipping Masters.
A little over sixty years have passed since q
law was enacted by Congress providing that
any officer of an American vessel who from
malice, hatred, or revenge. and with Jut iusti-
liable cause" beats, wounds, or inhicts any uE-
ueual punishment upon n seaman, shall be oun-
ished by n fine OF not more than $1,000. or By
imprisonment for not moro than five years, or
by both. A further step In behalf OF the sea-
man was taken In 1850. by n law abolishinR
foRging on American vessels. But now an
other advance seems to be needed. namely.
that OF eliminating the necessity Of proving
malice, hatred, or revenge, in eases of assault;
for at present the burden is upon the victim to
prove 1t, and sometimes this IL impossible.
An effort In this direction has been made by a
bill which has passed the House. and by an
other which is pending in the Senate. 1t i'm
roses n penalty upon any officer who wilfully
beats or wounds. or without justifablec cause
imprisons any Of the crew. or withholds from
them suitable food or nourishment, or inflicts
upon them any cruel or unusual punishment.
II is further suggested that the bill should ex-
pressly state that 1t applies both to the coast
wise and foreign trade.
Commissioner Chamberlain has also pointed
out that, since the shippino articles may con-
tain any regulations as to fines, short allowance
of provisions. or other lawful punishments
which may he sanctioned by Congress and
agreed to by the parties, the Treasury Depart
mont may well supervise such regulations. be-
cause they arc concerned with details which
may nos attract the attention of Congress.
Such a transfer of authority Is therefore made
in the bill which has passed the House. AMI in
fact tho discretion is similar to that which is
now exercised by the British Board of Trade,
appare ntly for the benefit OF all concerned.
Tho slight differences between the Senate and
House bills obvio asly ought not to interfere
with the enactment OF one or other Of then.
The present Congress seems likely to distin-
Guish itself for legislation on this important
subject nf the condition NJ our seamen. which
has been too long delayed. Hitherto the differ
ences between tle views OF the seamenis organi-
cations and the ship owners have appeared to be
lrreconcilablr, but COMPROMISES urc now poss-
ible. More than a score OF bills on.the subject
have been introduced. and much testimony
has been taken by the House on
Merchant Marine and Fisheries and the SEN
ate Committee on Commerce. Representa-
tives of maritime exchanges. and seamen's. ves-
sci owners, and CAPTAINS, associations have
given testimony. The result has been one bill
actually passed by the House, and another re-
ported TO the Senate relating TO the general sub
| 1ect and with no insuperable differences.
The bills In question are directed to "A gen
eral revision OF the statutes In matters relating
to the cond. tion of American merchant earnen.
The Senate committee remarks that our stat
utes have hitherto made the imprisonment Of
seamen. for civil offences and minor breaches
Of discipline n matter Of law, to be inflicted
without any discretion in the court. The court
has been allowed to exercise its discretion only
general principle adopted in It's Iii is radi-
callv different for the kind Of offences referred
establishes the principle that tho infiction of
the penalty OF imprisonment shall be wholly
n The discretion OF OF the he. courts. and that the
shall determine the necessity for so severe a
penalty, while 1t makes the smaller fines and
f-rf R,t-Aa IL Nnana - 1hta
change OF principle is especially illustrated in
sections 10, II, and 20 OF this bill. Proceeding
than punitive purposes, this bill also reduces
tees report that while the laws now provide
for the return OF distressed seamcn at the ex-
pense of the United States. undophtedly, in
titut" condition. by 2 discharge forced upon
present law provides. merely for tie pay
ment Of one month"; extra wages. The
owner is In any respect responsible for the sea-
mans leaving the vessel, the master shall pro-
vide him not only with one months extra
wages, but also with satisfactory employment
on another vessel. The bill also provides for
the prompt payment of the wages OF seamen.
and for the prompter trials OF cases in which
there Is 4 dispute as TO wages.
There are, gains. too. in the minimum scale
Other .poI room 20 70 must hs kent warm a Whae Is
known as the allotment note which keeps
the seaman in debt to persons ashore, is more
restricted thanever. and the laws in regard to the
seaworthiness Of vessels are strengthened. 1t
is s~aid.that the bill has the cordial support
OF the ship owners and although it does not
20 in all respects as far as the seRcrcn's nrgani-
cations de sire. il goes part way.
ure that the bill in some particulars comedies
more than the sailors ask. while in others 1t Is
far less liberal" In ordinary eallings II an
employee breaks his agreement he is liable
Water q's seaman; il he backs out Of his agree rec
---, L.. A.. nl1 IN t- ~rtay ma . E. q he II.
to pay a deot. he is not permitted to assign his
wages for the purpose. save in a limited de-
where the ordinary system Of land contracts
is followed. the result bring that "the sailors
are more self-respecting and in every, way bet
ter men and bett"r citizens from this fact"
And yet the House committee urges that dis
cipline is imperative on shipboard, that insub-
ordination, VIII imperil the lives of all on
board, and that in wha ever is done care must
be taken not TO relax responsibility or safety.
1t Is regarding this that owners and masters
are anxious. but IL Is hoped that the right
COMPROMISE will be reached.
This leads to The on,idera,!on OF the most
and the House bills, namely. the penalties Tor
desertion. for failure 10 go aboard as agreed.
present penalties for desertion are severe. In
GLIDING Imprisonment for not more than three
months and forfeiture of clothes and effects
earned: md for neglect to Join n vessel, n pen
month. and: in the discretion OF the court, a
forfeiture Of wages. The penalty imposed for
refusal 10 Join a vessel after its seaworthiness
has been determined by a competent survey Is
imprisonment in the county jail for IN indcti-
mite period, until the seaman has paid double
the amount Of his advance. together with costs
allowed by the committing magistrate.
Both our ship owners and our seamen object
cd TO substitute & for these rigorous provis-
ions. thoscsof the. British law for fUrcibly carry
ing the DESERVING seamen aboard the ship. sub
iect to ais right OF appeal to the nearest court.
The penalty for-desertion and the kindred Of
fences. proposed by the sailors unions.
and Incorporated in the House bill, is
forfeiture OF wages earned. with for
%reiture, in some cases. OF effects left on
board. In addition to this penalty, the propo,
sition favored by the maritime exchanges. and
Incorporated IN the Senate.bill, provides. at.the
discretion of the Court. for imprisonment for
not to exceed ono month";. The majority OF do
sertions occur in domestic ports as vessels are
about u proceed on foreign voyages. while real
assertions In n foreign port are said to no COM
parativcly rare. Hence It is suggested by Com
missioner Chamherlain.that the .ormcr provis-
ion would not be quite sufficient. because there
might DO no MageS set earned, and hence
none that could lie forfeited. In regard 10
making the shipping articles. which are really
only IL civil contract. subject only 70 n suit for
damages. ms in other contracts. II Is urged that
the seaman has special statute remedies on his