The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-12-06

INTERESTING POINT MAY BE
RAISED SOON.
Shipping Masters Think Captains
Should be Forced to Pay or Crews
Here Coming From Australia.

The shipping masters are expressing
considerable surprise over the action
of the captains of the barkentines j. L.
Eviston and Encore i'm keeping the
crews aboard those vessels. In fact ef-
forts will probably be made to get the
men discharged at this port.
Should Turk and Lewis make such an
attempt it will probably result in bring
ing quite an interesting case before the
United States court for disposition, as
technicality of shipping laws will
have to be determined.
According to the contention of Ship
ping Commissioner Boyd, the matter
hinges on the form of consular certifl-
cate that is attached to the shipping
papers. Mr.. Boyd is not himself, posi-
tive on the matter however and has
expressed the hope that it be tested IN
the United States court. There are two
forms Of certificates which can be at
tached to the shipping articles where
crews are shipping in an American
vessel from foreign port to an Ameri-
can port. The first form which has to
to attached is as follows
II hereby certify that the seamen
hereinafter named have been duly ship
ped at this port before me, upon the
terms and conditions set opposite their
names respectively, viz"
This is known as Form No. 49," The
other form of certificate is claSsed as
Form No. 16" and reads
Consulate of the United States of
! America at on this-day Of
A. d. 100 appeared before me--,
| Consul of the United States at,
A. b. etc. all personally known to me
and in my presence signed the within
agreement with my sanction, and in all
respects complied with the require
ments of the act approved June Z, 1872,
entitled "An Act to Authorize the APP
| pointment of Shipping Commissioners
| Ixr 1,. Al,
| United States to superintend the ship
! ping and discharge of seamen engaged
| in merchant ships belonging to the
| United States and for the further pro-
! lection of seamen."
And l do certify that the said A. b.
etc, each for himself acknowledged
that he had read or had heard read the
| said agreement and understood same,
and that while sober and not in a state
of intoXication, he signed it freely and
| voluntarily for the uses and purposes
| therein mentioned.
Given under my hand and the seal OF
this Consulate the day and year first
| above written.
(SeaD) U. S. CONSUL.
When form so only, is attached to the
shipping papers, the sailors have the
right, 1T is admitted, to demand their
discharge at the first American port
reached. On vessels which come from
| Newcastle, the crews are shipped from
Newcastle to some particular port on
| the Pacific Coast In spite of this facI
however, Honolulu is the first American
port reached so it is possible for the
sailors to insist upon being paid OF
when form 81 is attached. On the other
hand, when the other form is attached
| the masters can, Commissioner BOYD
thinks, hold the seamen until they reach
the particular port specified in the
shipping articles. An opinion from the
Treasury department seems to take q
similar view of this matter.
The character of the shipping article.
J on the Encore and Eviston has not beer
brought to the attention of Commits.
sioner Boyd and, so far as he is aware
there is no complaint made against the
captains for keeping their crews aboard
In case there should be any complain
= from the crews he states that he would
take the matter before the United
2 States court where the captains WoulC
be summoned to appear before Judg,
Estee and explain by what right they
( held the sailors.
: Naturally the shipping masters ar,
anxious to have the men paid off il
this port, and it is but natural that sal
I lors would also desire such disposition
Y of the enlistment. They ship for S22
( month from Newcastle, whereas tn,
Y wages from here are $35 a month
\ may be possible however for the cap
tains to jolly the men along and b.
= agreeing to increase their wages 70
Y the balance of the trip from Honolulu
y to the Pacific Coast ports, succeed il
keeping the men. Although the in
e crease in pay amounts to some thing
t the captains can avoid engaging thei
e men through the regular shipping mas
S ters. 1t is question however, Whethe
n the sailors can not demand their dis
. charge in this, the first American port
n and 1t may yet be brought to the atten
tion of Judge Estee.