Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-01-13

q
hours after reporting. but while the
ship was in Port Townsend. her former
master, Capt. Sewell. came aboard, and
removed all of the papers and effects
which he had left aboard at Hongkong
at the time of his supersession by Capt
Halsted. After leaving Port Town
send, the ship proceeded on her way Ia
Freemantle but between Port Town
send and this port, she encountered
very heavy weather which caused her
| to spring leak and to be otherwise
damaged, making 1t dangerous TO pro.
coed without proper repairs, and com.
polling her to put into this port in dis.
| tress. She entered this port In dis.
tress on December 2Sth, 1901. and ths
master duly reported his arrival to you
| filing at the same time, such papers as
he had. excepting the original crew
| list issued out of the district of Bal
timore. four years ago On December
2Sth. 1901, Capt. Halsted made and filed
his Marine Note of Protest" as re-
quired by law CT. S. r. S. 2S91) and on
December 3lst. 1901. filed with you
verified by his oath. a statement ex.
planatory of his failure to produce the
| original crew list of four years ago
He explained that he failed to produce
this list because he could not find
such list aboard said vessel" and
speaking of Capt Sewell's visit 10 tina
ship at Port Townsend. he remarks:
THE former master Of this vessel
came aboard and removed all of his
personal effects which he had left
aboard at Hongkong and believe he
must have taken the crew list by mis-
take with other Of his personal effects
This being the first American port put
into, | had no occasion heretofore to
look up the crew list. presuming II to
be among my papers. II Is no fault OF
mine that | am unable to produce the
proper crew list" Attached to this
statement is a portion of what evil
IDENTIFY were shipping articles, signed by
Capt. Sewell on Jan. 4th, 1898, APP
parently at the port of Baltimore; and
while this portion is incomplete and
fragmentary. yet II is all that Capt.
Halsted can procure or produce, and
tends, in some degree. to illustrate his
good faith and lawful intent in tho
premises.
In addition to the foregoing. Capt.
Halsted submits all the papers of tho
ship, pertinent to this subject natter
which came into his possession since
he Joined the ship as master at Hong
kong; and IL must, | think, be CON
ceded that Capt. Halsted has done all
in his power to comply with his legal
obligations.
Independently of this. however, I
have the honor to advise you that, in
my opinion, the Acts of Congress re-
quiring mastor to produce his crew
list, whether that issued at the port OF
Baltimore, or at the port from which
the vessel originally sailed" have no
application to a case similar to tho
present (29 Stats. l.. 6SS; U. S. r. s..
1891 ct seq; ID. title So Oh. 8: Desty
Ship. & Adm. sec. 1874; Harrison VS.
Vose, so U. S. 60 Howl 372; Marriott,
VS.. Bruno, Id. 632; Waring vs. Mobile
rs u. S. Is WallD 100; The cargo UI
the Lady Essex, 80 Fed. Rep. 767; The
Jayirena 81 Id. 155; The Coquitlan
n Id. 761; Keck VS.. U. S. 172 L. S. II.
u. s. 46D. In my opinion, no penalty
should be imposed.
Very respectfully,
J. J. dunno, -
Assistant and Acting L. S. Attorney