The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-05-16
CONSULS MUSTBECAREFUL
WHAT FORM OF CERTIFICATE
THEY USE.
If a Certain Form is Not Attached to
Ships Papers Sailors Can Demand
Their Discharge.

According to one of the latest deci-
.slons by the Treasury department re-
iating to the signing of sailors, r. Por-
ter Boyd the local shipping commits
sion has been sustained in quite a no.
vel point. The decision in question
reads: Shipping articles. United
States consuls should certify shipping
articles in the manner provided for by
Section 4512, Revised Statutes.
Treasury Department, Bureau of
Navigation, Washington, d. c., April
Is, 1901.-Sir: Referring to your letter
dated the I'd instant, this office has to
state that there should be a compn-
ance by consular officers, whether in
Australia or otherwise, with the re-
quirements of section 4521, Revised
Statutes, respecting certificates to ar
ticles of agreement with seamen. The
attention of the honorable the Secretary
of States has been invited to the mat
ter by the. Department, and he has been
requested to advise, accordingly, con-
sular officers of the United States,
whether at Australia ports or elsewhere
Respectfully,
"E. T. Chamberlain, Commissioner.
United States Shipping Commission
er, Honolulu, Hawaii"
This decision was made as the result
of inquiry by Commissioner Boyd re-
garding the manner in which the Am
erican consuls in Australian ports
should certify to seamen signing ships
articles. Whenever a seaman ships he
signs for certain length of time with
some particular port named as the ulti-
mate destination and end of the voyage.
When in a foreign country it is custom
ary for the articles to be signed before
a United States consul In addition to
the articles of the ship to which the
sailor subscribes, the consul has to GER
tify to the articles and shipping. There
are two forms of certificate. One of
them merely certifies that the sailors
in question have signed the ships arti-
cles for the voyage according to the
conditions named.
The other form of certificate is more
explicit and in addition to certifying
that the article have been signed it fur
ther reads "And 1 do certify that the
said = = each for himself acknowl-
edged that he had read or had heard
read the said agreement and understood
the 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. = Consul"
Mr.. Boyd claimed that even though a
seaman had signed the ships papers
for the voyage which did not end at
this port the man was entitled to his
discharge in any American port upon
demand unless the ships articles were
accompanied by the latter consular Ger
tificate. Even though the consul had
attested the signature by attaching the
first form of certificate to the articles
they were not binding unless the more
explicit certificate was attached.
This issue was probably never before
raised by any American shipping COM
missioner but as vessels are constantlN
stopping here from Australia, Mr.. RoyG
decided to ask the Treasury deDart-
ment for a final decision. His position
has been sustained not only with the
consuls in Australia but with all Am.
erican consuls in foreign ports.