Evening star., 1940-02-12
'NeqIect of DUTY

Ne9lect OF Duty
It is not likely that the Bureau OF
Marine Inspection and Navigation
nor the general public will get un-
duly excited over the curious charges
OF neglect Of duty" filed by Joseph
Curran's National Maritime Union
against Captain Joseph A. Gainard
master Of the now internationally
renowned City Of Flint. Everything
seems to happen to Captain Gainard,
and it was not surprising that he
should take quite philosophically the
latest incident" to project his name
into the headlines. He has been hav-
ing these incidents during much of
his seafaring career. AS a junior
officer in the days of the first World
War he survived the torpedoing and
sinking of the President Lincoln. As
master of the freighter Algic he
quelled an incipient mutiny aboard
his ship in the harbor Of Montevideo,
Uruguay, in September of 1887. As
skipper of the City of Flint he helped
rescue survivors of the torpedoed
British liner Athena last September.
And aboard the same ship he became
tangled in an international contro-
versy growing out of the seizure Of
his ship by the German pocket bat
tleship Deutschland early last Oc-
tober.
Captain Gainard has emerged from
all these adventures with added
fame. There is nothing in his record
to show that he ever conducted him
self other than in accord with the
best traditions of the sea. The cap
ture of the City Of Flint and the
subsequent voyage to Murmansk,
Russia, under command of a German
prize crew posed problems Of di-
plomacy, neutrality and interna-
tional law that tested the temper,
intelligence and fortitude OF Captain
Gainard as few other experiences
could have done. BY a commendable
exercise of self-control and a typical
display of leadership, he prevented
more impetuous members of his crew
from committing acts which we'll
might have endangered their own
lives and embroiled their Govern
ment in serious complications with
Germany or Russia or both. Appar-
emily it is because of this restraint
that two members of the crew OF
the City Of Flint, apparently with
the encouragement OF the National
Maritime Union, belatedly have
drawn up the neglect of duty" accu-
sations, based on the captains re-
fusal to give the crew an opportu-
nifty to make good its escape" It is
difficult to see any logic in the
unions argument that it was the
duty" Of Captain Gainard to let his
men take international law into their
own hands and attempt by force to
free their ship and themselves from
seizure claimed by the Germans to
have the sanction of international
laws relating to contraband.
And, speaking of neglect Of duty"
it is only proper that Mr.. Curran and
his National Maritime Union should
be reminded that some members Of
that organization demonstrated un-
common proficiency in the art of
neglecting duty during the Agic
mutiny, heretofore mentioned. Four
teen N. M. U. seamen were convicted
under Federal mutiny laws of staging
a sit-down strike at Montevideo.
Three others pleaded guilty in court
to neglect of duty" It seems to be
more than just a coincidence that
the man against whom the N. M. U.
now prefers its charges was the chief
witness against the indicted members
Of the union. Captain Gainard is
entitled to a fair hearing-just as
the Algic strikers had. In view of
the delicate questions Of foreign pol
icy and international law involved in
the unions charges. 1t may be that
the Bureau of Inspection and Repair
will solicit the help of the State De-
partment in passing on Captain
Gainard's conduct in the City OF Flint
affair.