New-York tribune., 1921-12-05
Sealnen's Act
10 Be Applied
More Strictly
Department of Commerce Is
sues Instructions to Gus
toms Collectors for Full
Language Test ON Vessels
Lax Enforcement Charged
Thorough Examination to
See if IS Per Cent of
Grew Understands Orders

The Department of Commerce, acting
upon reports that the language test
provided in the La Toilette seamen's
act is not fully enforced, has in
structed collectors of customs and other
officials that the law must be applied
strictly. Orders have been issued, effec-
tive on January IL, 1922, in which the
methods of conducting the test are
outlined in detail in an effort to avoid
perfunctory treatment.
Steamship men yesterday welcomed
the new ruling, and said that as long
as the law is on the statute books it
should be enforced. Few companies will
be affected, in their opinion, as the
percentage of Americans on ship is now
at its highest point.
cit is claimed in certain localities
that conditions have prevented an en-
forcement of Section 13 of the seamen's
act" the Department of Commerce no.
tice says, land, for that reason. proper
administrative enforcement in harmony
with the law has not been observed. 1t
is well-known fact that a good law
may be rendered obnoxious by abuse in
administration by overzealous officers
be perpetuated by abuse in administra-
tion in failing reasonably to enforce
the provisions of the law. Whether a
law seems oppressive or not, it should
be enforced in accordance with its
terms, and if hardships result that fact
may have it's effect in further remedial
legislation"
Uniformity Lacking
The department pointed out that pre-
vious orders did not specify the man
be applied, and that as result there
was no uniformity in putting the law
into operation.
The present requirement is that the
law shall be satisfied if rs per cent of
the crew actually execute orders of
their commanding officer in the pres
ence of collector of customs or his
representative. The new order reads
as follows:
when the Collector of Customs mus
ters the crew on any vessel, either upon
his own motion or upon the sworn in
formation of any reputable citizen, for
the purpose of determining that rs per
cent of the crew in each department is
able to understand any order given by
the officers of such vessel, this depart
menC IS OF tne OPINION CnaC Demon
tration of such understanding shall be
made in the presence of the Collector
of Customs or his authorized represen-
tative, and if the investigation is made
upon the sworn information of reputa
BILE citizen, the said informant may be
present if he so desires.
To Give Orders Direct
"To determine the fact of under
standing, this departments is of the opin-
ion that the law requires that orders
be given to the individual members of
the crew by the officers of the ship, and
in the language ordinarily and GUS
tomarily used by such officers in navi-
eating and operating the ship. The
orders should be given directly by the
officers to each member of the crew,
and not through an interpreter or in
terpreters; signs, gestures or signals
should not be used in making the test.
The Collector of Customs or his repre-
sentative should suggest to the officers
of the vessel the orders to be given,
which should touch upon matters ordi-
narily arising in the daily routine work
of the crew in each department, as we'll
as orders involving fire drills, the hand
ling of boats, and orders involving any
emergencies that may be expected to
arise in handling, operating Or navi-
pafinp the shin"