The Washington times. (Washington [D.C.]) 1901-1902, 1902-02-26
Obligations of Government
Regarding Wrecked
Sailors.
CHARGES FOR TRANSPORTATION
Opinion Rendered by Comptroller
TraccwcH in Regard to Action of
Sitkn Collector in Sending Home
Shipwrecked Chilean Sailors.

Comptroller of the Treasury. In it he
explained the difference in status between
those seamen who contract with foreign
vessels and with American ships.
The decision was rendered in answer to
request from the Collector of Customs
at the Port of Sitka, Alaska, and grew
out of the following incident:
The Chilean steam whaler Fearless. on
November 30 last. was blown on the rocks
anu wrecked at Dutch Harbor. Her crew,
consisting of twenty-four men, shipped at
San Francisco on March %, 1891, for
three years service. The agreement
stipulated that The seamen should re
ceivc no wages. but participate solely in
the profits of the cruise.
Sent Home by Collector.
The wreck of the vessel left the crew
destitute. and the deputy collector at
Unalaska authorized their transportation
TO the port OF shipment, under the I'M
preston that the expense was a proper
charge against the United States Gov
eminent
In connection with the decision the
Collector at Sitka requested Mr.. Trace
wells answer to the following questions:
Collectors Pertinent Queries.
Are American citizens who ship on
foreign vessels considered seamen of the
United States within the meaning OF said
section?
Are seamen, regardless of nationali-
ty, who ship on American vessels consid-
cred American seamen?
Are seamen, regardless of natfonali-
ty, who ship on foreign vessels in United
States ports considered American sea-
men?
wrecked in United States waters at points
remote from. Geographic communication
entitled to be sent TO the nearest port
where there is a consul of such country
at the expense of our Government?
Are deputy collectors in Alaska au-
thOrized to make provision for the tenn
porary care OF and secure transportation
for destitute seamer, and certify vouch-
ers in payment for same?"
MIR. TraceScIi's Opinion.
The decision of the case and Mr. Trace
wells answer to the questions follow:
Laws. regulations. and long establish
ed practice which need not be referred
TO in detail, govern the method of adj
ministering relief to American seamen in
foreign countries. In general it is either
furnished by the United States consular
officers upon whose consulates the sea-
men may come as a charge against the
foregoing appropriation, or payment is
made to the person furnishing relief by
ha Am
State and other departments on consular
certificates or other evidence showing
that relief has been furnished. the latter
being usually payment of the cost OF
transporting the seamen to some port Of
the United States.
There being in Alaska no United
States consular officers. these laws and
regulations have 10 direct application
thereto, but since the appropriation IL
available for the relief and protection of
shipwrecked American seamen in Alaska.
the method of relief, especially if furnish
ed by or through officers of customs. be-
comes peculiarly a matter for regulation
by the Secretary OF the Treasury.
No instructions Issued
80 far as l am aware no instructions
have been issued to any United States
officers residing in Alaska governing these
matters. although it seems evident from
the letter you transmit that questions of
relief not infrequently come before col
lectors or deputy collectors of customs,
who, from their relations TO shipping and
seamen. would most naturally be called
upon in regard thereto. Whether such
instructions are necessary or desirable
IS a matter to be determined by you. but
II may be suggested that officers of Gus
toms in interesting themselves in behalf
OF shipwrecked American seaman should
be guided as far as possible by. the rcgu-
lations set out in the United States con-
sular regulations. which. while prepared
for the guidance of consular officers. have
wherever applicable the force OF law
Specific Answers to Questions
THE specific questions submitted by the
collector OF the port OF Sitka may now
be answered as follows:
81. \ shipwrecked American seaman in
Alaska WHO receives only a share in the
profits of the cruise is entitled TO the
benefits provided in section 4577, Revised
Statutes.
:. ne Seamen OF the merchant ma
rine OF the United States alone are those
whom the law contemplates relieving:
therefore citizens of the United States
who ship in foreign vessels are not Ameri-
can seamen within the meaning Of the
relief laws. If at the time of APPLYING
for relief they are by habit and intent
bona :ide members of the American mer-
chant marine, they are entitled thereto
although their last service may not have
been on an American vessel.
-. Seamen. whether citizens Of the
United States or foreigners who are regu-
larry shipped in an American vessel in a
port of the United States, or such persons
as come under the provisions of sections
217I of the Revised Statutes, are con-
sidered American seamen.
II. Scamen, other than Amer lean
whether citizens of the United States or
whether in ports of the United States or
3n foreign ports, are not considered
American seamen.
>. No provision is made for the relief
of shipwrecked seamen Pf foreign vessels,
but shipwrecked seame4 of American YES
sells are entitled 20 relief regardless of
their nationality.
e The answer to the sixth question
would seem TO be outside the province of
this Office. being matter OF adninistra-
tive detail. ard being intimately connect
ed with what / have said in the first part
of my letter, namely that while the ap-
preparation for the relief of American
seamen has been extended to shipwrecked
American seamen in Alaska, the law is
silent as to its administration, thus leav-
ing 1t a matter of executive authority
rather than OF accounting"