The Hawaiian gazette., 1916-03-24
WARNING IS GWEN
AS TO VIOLATIONS
OF SEAMEN'SLA
Redfield Also Says Courtesies
Have Been Violated and Now
Are withdrawn -. ..

A circular letter issued by William
C. Redfeld, secretary Of commerce, ad
dressed TO collectors of customs and
others concerned, says that courtesics
granted vessels in regard to the Sea.
men s law enforcement have been abus,
cd, and that they are Withdrawn.
The letter follows: ..nt,-
The department ii informed that tho
act of March 4, 1915 (Seamer's aet),
is being evaded or Violated in these
essential respects; .@.t &
!. BY permitting vessels to depart
without the lawful number of certified
able seamen. ttr.s ,.s
2. BY shipping seamen at a small
wage for the first month and a larger
wage for subsequent months. Examples
are, $40 for the first month and $25 for
subsequent months.
3. By signing on crews within six
hours of the schedule times Of depart.
ure, evading the opportunity for fling
sworn complaint requiring a muster.
without oertihcated Men f..
II is alleged that advantage has been
taken in the first matter noted above
of ;,Se t1nporary hccetIHance lof a
master g certificate that every effort
has been made to secure the requisite
number Of able seamen to canse vessels
to depart without any certifcated sea-
men at all. II was the purpose Of the
department in adjusting. conditions to
the operation of the new law after Il
went into effect November 4, 1879
to allow q temporary immunity from
penalties in cases where there was no
question that an effort to obey the
law had been made in good faith bnt
where circumstances made il impos!
sible to carry it out in all its details.
1t appears that this temporary cour.
tesy has been abused. II is now with
drawn. , Hereafter You will not clear
any vessel without the required number
of certifeated seamen and 1ifeboat-
men without express permission from
the department so to do. Request for
the permission must be accompanied
by complete statement of the facts.
Must Be satifed
In the second matter above noted
your attention is especially drawn to
General Letter No. 108 of March 2,
1916. Do not grant clearance until you
have satisfied yourself that the provis-
ions of Section IL are not being VIC
lated. A contract to pay, FOR example.
so for the first month and $25 TO;
subsequent months, is itself legal and
not in itself a violation of Section IL.
If, however, such contract is for the
purpose of covering up payment of
part of the sailors wage for the first
month to anyone on his account, Sec.
tion IL is thereby violated. Special
and diligent care should be given to
cases of this kind before granting
elearances.
Burden On Collectors
In the third ease noted the collector
is obligated to have muster of the
crew as provided by Section 10 when
complaint is filed with him six hours or
more before the departure of the YES
sci or the schedule time of departure.
The collector is, however, not prevented
from causing a muster to be made upon
his own motion within the six hour
period. The burden of enforcing the
law rests upon the collector, and it is
expected that he will use due diligence
within the six-hour period to see that
advantage is not taken of this period
to ship a crew in such a way as to
evade his supervision.
If case of signing a crew within six
hours, or on, time less than that, pre-.
ceding the departure of the vessel is
brought t" your attention with cir
cumstanecs Indicating that such action
is for the purpose Of evading Section
Is of the Seamcn s act, it is your duty
to Immediately cause muster of the
crew and to ascertain the facts, de
tanning the departure of the vessel for
that purpose if necessary.