The San Francisco call., 1906-07-05

over 200 of such Chinese, they COM
prising the whole of the working staff
departments. and comprise at least
ninety per cent of the total manning
force of the said vessel. The officers
language of the said Chinese persons
mentioned, nor can the said Chinese
speak the language of the officers.
voyage mentioned will carry, passen
gers.
NOT PROPERLY MANNED.
We maintain that the vessel is not
properly manned. and clearance to her
should be refused by your office.
United States Circuit Court of Appeals
for the Ninth District said as follows:
The case shows that the City of Rio
de Janeiro left the port of Honolulu
crew of eightyfour Chinamen OFF,
cered by white men; the officers could
not speak the language of the Chinese.
and but two of the latter, the boats
vain and chief fireman, could under
stand that of the officers. We
have no hesitation in holding that the
ship was insufficiently manned. for the
reason that the sailors were unable to
understand and execute the orders
made imperative by the emergency that
Iappiiy "a afNse Iise am and ueo so as
The above language is taken from
decision rendered on May 2, 1904, and
reported IN lSU EeQeral Reporter, at
page rs. and we are advised that the
Supreme Court of the United States re-
fused to disturb the decision upon
petition presented to it in that behalf.
The Honorable Court of Appeals
above mentioned further held that a
vessel was not sufficiently manned un-
less she carried crew for all contin-
gencies.
Section 4463 of the Revised Statutes
of the United States. to which we take
the liberty to call your attention, reads
as follows:
mo steamer carrying passengers
shall depart from any port unless she
shall have in her service a full COM
plement of licensed officers and a full
crew, sufficient at all times to manage
the vessel including the proper num-
Der of watchmen. But if any such yes
service of any licensed officer, without
the consent, fault or collusion of the
master owner. or any. person interest
ed in the vessel, the deficiency may be
temporarily supplied until others IL
censed can be obtained"
PLENTY OF MEN AVAILABLE.
You will observe that the exception
contained in the above section only ap-
GERS may be supplied, but we advise
you that a sufficient crew of competent
men speaking the language of the Off
GERS who command them can be OBJ
tanned in San Francisco to man the
Siberia at this time.
The above section is part of Title
II III Of Ila the Revised Statutes Of the
4497 reading follows, are part of the
Section 1896 All collectors, or other
chief officers of the customs, and in
spectors within the several districts,
shall enforce the provisions of this
title against all steamers arriving or
departing"
other chief officer of the customs, or
inspector, who negligently or inten-
tionaly Haia oa, omits any duty under 1s the pre-
moval from office and to a penalty of
one hundred dollars for each offensa to
be sued in an action of debt"
1t fully appearing that the said ves-
sci is not properly manned and that
she will not be properly manned, unless
action is taken by you, we respectfully
ask that clearance be refused the ST.
IBERIA until she complies with the Jaw
above mentioned. Respectfully
SAILORS UNION or THE PACIFIC,
By A. FuruSeth. Secretary.
Folsom street wharf. San francisco,
California.
STRIKERS ARE JUBILANT.
The water front strikers were jubi-
liant yesterday as the result of their
work in capturing every one of the
Kanakas that came here on the liner
Mongolia to man the coasting steamers
Barracuda and Costa Rica. There are
more Kanakas coming on the liner
China, due early. next week. The union
men say they Will take away this sec
ond consignment just as easily as they
did the first. 1t is likely, however
that the steamship people, now better
acquainted with the quality of their
adversaries, viii have some better plan
of transfer than the one that failed.
w. B. Swears. shipping agent for the
United Shipping and Transportation
Company, said yesterday that the
union pickets had intimidated the
Kanakas by threatening to kill them
If they dared to take the places volun-
tarily surrendered by the strikers.
The union men deny this. They say
that through union agents in Honolulu
they contrived to have among the
thirty-nine Kanakas two union men
and that the reason the Kanakas were
diverted from their original purpose
was that thirty y-seven had yielded to
the arguments of the union pair. They
have more missionaries. they say,
among the Kanakas coming on the
China.
Andrew Furuseth tried in vain yes
terday to get three white firemen and
three, Japanese stewards off the steam
schooner Rainier. A fireman who had
been persuaded Informed him, he said,
that these men were held prisoners on
board the vessel. Furuseth was al
lowed to talk to the firemen, &ho soon
satisfied him that they were there be-
cause they needed the money, liked the
work and proposed tc stay with the
job until somebody discharged them
Furuseth wished to go on board and
interview the Japanese. This privi-
lege was denied him. He wished to
hand them a paper on which was writ
ten a communication in Japanese. This
was also refused. The captain of the
steamer said he would give the letter
to the Japanese If he could first have
1t translated, but. that he did not pur-
pose allowing Furuseth or anybody
else to intimidate any member of his
crew. Furuseth assured him there was
nothing of Intimidation in the COM
munication, but the skipper would take
no chances. and when ~Furuseth re-
turned with a policeman the refusal