The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-25


we'll calculated to confirm the public
prejudice and to subStantiate the the
DRY OF law by which the seaman's re-
lations to his employer and to society
are regulated. The public opinion thus
formed Is generally founded upon an
inversion of cause and effect
Another primary evil of our mari
time law is the so-called allotment sys-
tenn, which provides that a seaman en-
gaging to serve on a foreign bound YES
sci may allot "a certain portion Of his
wages, not exceeding ten dollars per
month, to his wife, mother or other
relative. or to an original creditor, in
liquidation of any just debt for board
or clothing" Mr.. Macarthur shows
that this practice, which seems to open
! a way by which the seaman may pro-
cure clothing and discharge his debts
! before embarking on a voyage, is per-
verted into means of great injustice
I to the helpless seaman.
WORKINGS OF THE ''ALLOTMENT''
SYSTEM
In the great majority of cases the
allotment is made payable to an origi-
nal creditor This term is merely a le-
gal euphemism descriptive Of the
crimp, or shark The latter is the
seaman's employment agent, and as
such is distinguished by an aggrava-
ton of methods proportioned to the
helplessness of his victims. BY combi-
nation the crimps control the ship
ment of crews, and thus compel the
seaman to accede to their terms as a
condition of securing employment. The
first of these conditions is that the sea-
man shall sign an allotment note in IA
vor of the crimp for the full amount al
lowed by law, generally one-half or
more of the wages to be earned during
the voyage, and usually largely in ex-
cess of the seaman's Indebtedness. As
in the case of the contract by which
he signs away his personal liberty, the
seaman's only alternative in practice
is. to remain ashore in idleneSS Thus
allotment, from being a convenience to
be availed of at the Seaman's option,
becomes a compulsory tribute which
the seaman pays in support of those
whose chief function is to prey upon
him. AS the seaman signs away one
half OF his wages at the beginning OF
the voyage. he receives but one-half
when he lands. This fact, combined
with the crimps' control of the ship
ping business, operates to place the,
seaman at the latter's mercy, so that
allotment, instead of palliating the re-
suits of natural improvidence,' actu-
ally induces that condition. 1t is
principle Of maritime law, older than
any statute and residing in the nature
of his calling, that the seaman's wages
are exempt from garnishment. Ac-
cording to numerous admiralty deci-
sions, the law is forced to declare that
no man can be permitted to say any
thing or do anything to deprive the
seaman of the right to demand his
wages when he leaves the ship The
allotment law is negation of this
principle, since In practice it depriVeS
the seaman of the right to secure his
wages before he joins the ship
CRUEL TREATMENT.
Mr.. Macarthur makes even more Sc
rious charges against shipmasters on
the score of inhuman treatment OF
their men:
The personal treatment accorded
the seaman by American ships officers
is the most oppressive, because the
most acute, feature of his life. Elk
IRENE brutality is the rule, almost
without exception. 1t is a standing
charge against our maritime law that
lit requires no qualification other than
that of citizenship on the part of sail
ing-ship officers. In this respect the
United States stands alone among mar
thine nations of any consequence. The
result is that the men in authority on
board American ships are chosen for
their ability to drive e., to beat
the men under them, rather than for
their ability as seamen and navigators
The reputation thus attained finds its
sequence. in an esprit de corps leading
to the commission of the most Wanton
brutalities conceivable by minds train
ed to ingenious methods of infiictine
torture upon their subordinates. and
undeterred by the fear of consequences
social or legal.
The frequent recurrence of sea-
mems charges against ships officers
and the monotonous regularity with
which these charges are dismissed by
the courts has created a feeling of in
difference, and even skepticism, on the
part of the public. The charges made
: by the seaman appear incredible wher
: Judged by the standard Of conduct pre-
vailing on land. But it must be re.
, membered that the standard prevailing
, at sea is one Of practical slavery, II
which Legree is an actual personifi
l cation.
/ AN investigation shows that during
2 the past eleven years more than ont
, hundred ships crews have brought
, charges against their officers in port:
, of the United States alone. This lis
includes only those cases that have
come most prominently before the pub
: lie. Characteristic features Of thi.
/ record are: Fifteen deaths resulted
A from the treatment received; man!
cases resulted in the loss of limbs, eye:
j; or teeth, and in other injuries Of 6
, permanent character, including insan
: ity; several suicides are attributed t.
persecution; only seven convictions
D were obtained, and, with one exception
e inal; the name of certain ships ant
f their officers recur frequently in TIN
: list.
> This condition of affairs Is due pri
. marily to the construction of the Law
: on the point. The statute provides tina
( any officer who, without justifiabl
h cause, beats, wounds or imprisons an,
r seaman shall be punishable by a fin
not exceeding one thousand dollars, o
i, by imprisonment not exceeding fiv
years, or by both. Read conversely
q the term without justifiable cause au
Il thorizes corporal punishment at tn
= sole discretion of the ships officer I'm
r der this law courts and juries have con
6 sistently approved the declaration o
q accused persons that assaults upon sea
men We're justihable, or at any rat
that they were deemed such.
r In this particular a radical differ
y ence is observable in favor of the an
o cient codes. The right to inf1ict cor
poral punishment, while vested in tn
port authorities in extreme cases. sue
as mutiny, causing the loss of ship an
cargo, or assault upon the master wa
specifically prohibited to ships off