The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-02-25

to the following questions prOpOundCd |
by the Collector OF Customs OF the Port
OF Sitka. Alaska:
~. Are seamen who receive only a
share III the profits OF a cruise entitled
touthe benefits provided in section 4577
R.S.2
p. Are American citizens who ship on
foreign vessels considered seamen Of the
United States within the meaning Of said
section2
80. Are seamen. REGARDLESS Of nationali-
ty. who ship on American vessels consid-
cred American seameng
.''3. Are scamen. regardless Of nationali-
", who ship on foreign vessels in United
States ports considered American sea-
men?
70. Are seamen on foreign vessels
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
20. Are deputy collectors in Alaska au-
thorized TO make provision for the tenn
porary care Of and secure transportation
for destitute seamen, and certify vouch-
ers in payment for saEn2'
The Case ut Hand
Above questions were the outcome Of
the following incident. On November 30,
last. tie Chilean steam whaIer Fearless
was blown on the rocks and wrecked at
Dutch Harb0r- Her crew OF twenty-four
men were shipped al San Francisco,
March %. 1901 for three years service.
the agreement stipuIating that the sea
men should receive no v ages, but particI-
pate solely in the profits OF the cruise.
The wreck Of the vessel left the crew
destitute and the deputy collector at I'm
alaska authorized their transportation TO
the port Of shipment under the impress
sion that the same was a proper charge
against the United States Government
Comptroller TraceweH in response TO
the request for his opinion, says:
Relief for American Senmen.
Laws, regulations. ard long-estabIish-
ed practice, which need not be referred
10 in detail, govern the method OF ad-
ministering relief 20 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, OF payment is
made to the person furnishing relief by
settlement through the Auditor for the
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 seame1 TO some port Of
the United States.
There being in Alaska no United
States consular officers. these laws and
regulations have no direct application
thereto but since the approximation f.
available for the relief and protection OF
shipwrecked American seamen in Alaska.
the method Of relief especially If furnish
ed by OF through officers Of customs, be-
comes peculiarly a matter for regulation
BY the Secretary Of the Treasury.
No Instructions Issued.
so far as am aware no instructions
have been issued 70 any United States
officers residing in Alaska governing these
matters, although it seems evident from
the letter you transmit that questions Of
relief rot infrequently come before col
Iectors or deputy collectors Of customs.
who. from their relations 10 shipping and
seanen, would most naturally be called
upon in regard thereto. whether such
instructions are necessary or deesira bic /
is a matter 10 b. determined by you but
fl may be sugges Ted that officers Of Gus
toms in interesting themselves in behalf
OF shipwrecked American seaman should
be guiled as far as possible by the regu-
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 10 Questions.
The specific questions submitted by the
Of hn Of
be answered as follows:
Il a 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
"2 The 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 seamcn within the meaning Of the
relief laws. II 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
"3 Seamen. whether citizens Of the |
United States or foreigners. who are regu- /
larry shipped in an American vessel in a
as come under the provisions Of sections
1174 OF the Revised Statutes, are con
Eidered American seamen.
a Seamen. other than American, /
whether citizens Of the United States or
foreigners. shipped on foreign vessels, |
whether In ports Of the United States or |
IN foreign ports. are not considered |
American seamen-
81 10 provision is made for the relief !
Of shipWrCcked seamen Of foreign vessels |
but shipwrecked seamen Of American yes /
sells are entitled 10 relief regardless Of |
their nationality.
90 The answer to the sixth question |
would seem TO be outside the province OF /
this Office being a matter OF adninistra-
tive detail. ard being intimately connect /
ed with what / have said Ia the first part !
Of ny letter, namely. that while the APP
Precipitation 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 Il a matter Of executive authority
rather than Of accounting"
ALLEGED THEFT OF $50.