The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-11-15
Liberal Viewpoint
! Dir HARRY ELMER BARNES-

FTER all the white heat Of indignation and
L n the extensive talk about sweeping reforms
in the regulation Of ocean shipping, the Moro
Castle case seems likely to end up in another
/ conventional whitewash
If this is the case, its charred victims will
have died in vain. Their friends and relatives
might at least have had some slight consolation
if these unfortunate ones had been martyred in
the cause of greater safety at sea for the voy-
ayers Of the future.
The New York World-Telegram, a Scripps-
Howard newspaper, has done well to emphasize
the apparently improper cordiaIity between the
Ward Line and government investigators, and to
expose the special and delicate consideration
shown TO the Ward Line in conferences during
the period of investigation. If there ever was a
case where special favoritism was out of place
and strict impartiality called for, this was the
one.
An even more fundamental farce is that
which is all to often involved in the very pro-
cedure Of investigating disasters in water trans
portation
In ordinary legal procedure we would be
shocked greatly if a judge who was himself
defendant were allowed to preside over the trial
of his own case.
DUT this is precisely what happens in connec-
- ton with the inspection of vessels in the
United States and the subsequent investigation
IN the case OF. disaster. The same depart
uleIlb IIldt LlSpecLS SHIPS also has the reSpOn-
sihility for conducting the investigation which
is to pass upon the blame attached in case of
any serious accident or loss at sea.
1t is obvious that any liability which can
be assigned to a defect in the ships equipment
must be attributed to inferior inspection in large
part. Thereupon, we call upon the guilty parties
to investigate their own delinquency and render
an impartial verdict in the case If the judge
and the defendant are not identical persons they
are at least the identical department. William
McFee has done well to call attention to this
astonishing state of affairs in his article on the
Moro Castle disaster in the Forum.
1T IS delicate theme to approach, but the
memory Of what happened after the explosion
OF Fail river pleasure steamer some years
ago forces one to the conclusion that the two
functions OF inspection and inquiry should be
completely divorced.
THE boilers of that pleasure steamer had
been inspected in New York, only short time
before the disaster and passed. The same de-
partment that was responsible for the inspection
conducted the inquiry into the explosion that
killed many Of the passengers and crew.
TINE same anomaly was observable in the
Vestris case, for that vessel carried a GER
| tlhcate of Seaworthness issued by the depart
ment which investigated her loss and which
| attributed that loss to man who went down
with her.
When the Moro Castle burned. the inquiry
! was conducted by the very men who were reSpon-
Sible for the inspection of the efficiency of her
| equipment and personnel
! 1T is hardly necessary to point out that in
other human activities it is found desirable to
associate the functions of Judge and defend
ant. BY the present arrangement no deln-
quency on the part of the inspection depart
ment can ever be brought to light as an actual
fact"
The only other legal procedure in our expert
ence which bears any comparison with this is
that which existed in our old injunction cases.
Here the judge and the plaintiff were the same
person. The judge would grant an injunction,
and then try any one who violated it under
contempt proceedings without a jury. In other
words, the judge passed upon the violation of his
own court order.
This indefensible situation has been, in part
at least, outlawed by the La Guardia- Norris in
junction law 1t is high time that we introduced
a similar reform into the inspection and in
vestigation of water transport.