Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-19
AM master Of all survey; my au-
thority none dare dispute" might
have been said with truth by the
master of a ship fifty years ago,

ure to obey any lawful command given by
the master to one of his crew.
by the common law" says an old Eng
fish authority. 1.-The master has authority
over all the mariners aboard his ship. and It
Is their duty to obey his commands in all
lawful matters relating to the navigation
of the ship and for the preservation of good
order. In cases of disobedience or disorder
ly conduct he may lawfully correct them IN
q reasonable manner His authority is
analogous to that Of parent over child,
or master over an apprentice. Such au-
thority is absolutely necessary for the safe
ty of the ship, and Of the lives of the per-
sons aboard This parental authority must
not be made a pretext for cruelty and OPP
preston. Masters may by force restrain
the commission of great crimes. but they
have no judicial authority to punish cr1mi-
mails. but ought to secure their persons, and
bring them before the proper tribunals of
his country"
Passengers must also obey all lawful or
ders from the master of ship, the same
authority says. and in case Of danger can
be put to work in order to save the ship,
but when such work is done the passenger
has claim against the ship for salvage
Under the general laws Of all nations the
master of a ship in times of emergencies
must be unquestionally obeyed, but under
ordinary conditions he has only such au-
tnOrlty as is necessary 1Or the SdIoIy OIL
his ship, and the sailor or passenger who
has grievance has his remedy in an action
at law against the master, and 1t is for the
courts to decide whether the master ex-
ceeded his authority or not.
The navigation laws of the United States
In no place defines the authority of ship
master, but specifies in many instances
what he must not do. Under the laws the
custom Of floggtng has been abolished, and
the ship master, when one of his crew Of
tends him, cannot now maroon him on an
island, as 1t is said was done under the old
regime. In case Of disorder aboard his
ship, particularly a sailing ship on a long
voyage. the master undoubtedly has the
power to arrest the guilty parties and con-
fine them. but If the crime is one of any
moment he must take them into port and
turn them over to the legal authorities for
trial.
Clark Russell, in his novel, "a Marriage
at Sea-" builds his story around such a
ceremony having been performed by an
English sea captain aboard his ship, with
full authority to make such a marriage
legal. In the marine laws Of this country
no expressed permission can be found for
the master Of ship exercising such
authority, and the advice Of maritime law
yers of today to a couple married in this
manner would undoubtedly be to be re-
married by proper authority on shore as
soon as possible. The only mention of mar
rfage on shipboard in the marine laws is
one that requires the master of the ship to
make an entry in his logbook of every mar
rage occurring aboard his ship, with the
names and ages Of the parties. but in no
place Is the master specifically given
authority to perform the ceremony.
~
The master Of every sea-going vessel Is
required to have an official logbook in
which all the events happening on ship
board must be entered. If one Of his crew
is legally convicted Of crime and punished,
the fact must be recorded; SO must an
entry be made Of every offense committed
by a member Of the crew for which 1t Is
intended to prosecute; of every offense for
which punishment is inflicted, on board,
and the nature Of the punishment; of every
accident or case Of illness occurring on
board among the crew, and the medical
board, with the cause thereof; Of every
birth occurring on board, with the sex of
the infant and the names Of the parents
in fact, this logbook Is diary Of all the
events happening aboard the ship. and Is
a record that can be produced against the
master should he exceed his authority.
That ship masters have no judicial
authority to inflict punishment for serious
navigation laws of the United States. part
XIV Is devoted entirely to crimes on
shipboard. or regarding ships, and the
opening section Of the part says: 1.-THE trial
seas or elsewhere out Of the Jurisdiction Of
any particular state or district shall be in
the district where the offender Is found, or
into which he Is first brought" The mas
offender, put him in irons. If necessary, In
order to bring him to q port for legal trial.
The master has full power to bind his ves-
sci by contract, or for money borrowed or
kents Commentaries on tho Laws Of
England says that "as the shipmaster Is
the confidential agent of the owners. he
has an implied authority to bind them.
tive to the usual employment Of the ship.
And the person furnishing supplies or re-
pairs can sue the owner or the master per-
sonally unless the credit was expressly
charter party bind the ship and freight.
This he may do In foreign ports, in the
usual course Of the ships employment;
and this he may also do at home II the
ship and freight are, by marine law, bound
to the performance of the contract. The
master may bind the owners. not only in
respect to the usual employment of the
ship, but in respect to the means of en-
ploying her. His power relates to the
carriage of goods, and the supplies
requisite for the ship. and he can bind the
owner personally as to repairs and neces-
saries for the ship. But supplies must APP
pear to be reasonable. or money advanced
for the purchase of them to have been
wanting, duQ there IuuSt Uc uOtulu5 Inc
case to repel the ordinary presumption that
the master acted on the authority Of the
owners
"The master when abroad and in the alb
sence Of the owner may hypothecate the
ship, freight and cargo, to raise money
requisite to complete the voyage; and II the
owner be personally bound, 1t must be to
the extent of the requisite advances. The
master may also. If necessary, In the
course Of the voyage, sell a part of the
cargo to enable him to carry on the resi-
due"
On many of the liners sailing out from
ports in this country where no chaplains
are carried the master conducts religious
services. and In case of death aboard ship
reads the funeral services over the body
before 1t Is committed to the deep. He has
been known to perform the rite Of baptism
aboard ship in fact he is sort of proxy
father for all aboard the ship, and Is called
upon to settle disputes and to restore peace
when quarrels spring up,
In the days of the old sailing vessels
when voyages OF six months or a year