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Senate Committee Refuses to Hurry

Telegrams Urge Railroading Through of Sea-
men's Bill-Making Life Easy for the Sailor

A bill for the benefit of seamen in the merchant marine passed the national house of representatives on Aug. 3, 1912, after a lodgment in that body of some eight or ten months. It is generally understood that the measure was drafted largely at the instance of the American Federation of Labor. No sooner had it been sent over from the house to the senate and referred to the senate committee on commerce than the sub-committee of the commerce committee, Burton, Ohio, chairman, which was given consideration of it, was deluged with telegrams urging its immediate passage. Most of these telegrams were, of course, from labor organizations, but there were some from shippers and of these last a considerable proportion were from shippers on the Pacific coast.

Senator Burton's sub-committee, however, declines to take snap judgment and its members express the opinion that there is no reason why the senate should pass in a week a bill that the house took eight or ten months to consider before passing. Senator Burton himself sailed for Europe about Aug. 19. There will be an open hearing on the bill just before the regular session of congress, by the senate sub-committee.

The bill is certainly designed to make it easy for the sailor. It is entitled "An act to abolish the involuntary servitude imposed upon seamen in the merchant marine of the United States, while in foreign ports and the involuntary servitude imposed upon the merchant marine of foreign countries while in ports of the United States, to prevent unskilled manning of American vessels, to encourage the training of boys in the American merchant marine, for the protection

of life at sea and to amend the laws relative to seamen."

Most of the provisions are sought by the amendment of existing laws relating to the merchant marine.

In case of desertion or casualty resulting in the loss of one or more of the seamen, the master must ship, if obtainable, a number squal to the number of those of whose services he has been deprived, who must be of the same or higher grade or rating with those whose places they fill, and report the same to the United States consul at the first port at which he shall arrive. In all merchant vessels of the United States the sailors shall, while at sea, be divided into at least two and the firemen into at least three watches, which shall be kept on duty alternately for the performance of ordinary work incident to the sailing and management of the vessel; but this provision shall not limit either the authority of the master or other officer or the obedience of the seamen when, in their judgment, the whole crew is needed for the maneuvering of the vessel or the performance of work necessary for the safety of the vessel or her cargo or for the saving of life and property aboard other vessels in jeopardy. While the vessel is in a safe harbor, no seaman shall be required to do any unnecessary work on Sundays or legal holidays, but this shall not prevent the dispatch of a vessel on regular schedule or when ready to proceed on her voyage; and at all other times while the vessel is in a safe harbor nine hours, inclusive of anchor watch, shall constitute a day's work. Whenever the master of any vessel shall fail to comply with this section, the seaman shall be entitled to discharge from such vessel

and shall, upon demand, receive wages then earned.

Seamen on coasting voyages shall be entitled to be paid wages within two days after the termination of the agreement under which they were shipped or when they are discharged and in case of vessels making foreign voyages or from a port on the Atlantic to one on the Pacific or vice versa within 24 hours after the cargo has been discharged and in all cases seamen shall be entitled to be paid at the time of their discharge one-third of what is due on account. For a refusal to recognize this provision a penalty is imposed on a master or owner in favor of the seaman equal to two days' pay for each and every day during which pay is delayed. This clause is void where the profitsharing system is in operation.

Every seaman shall be entitled to receive, within 48 hours after demand therefor, one-half part of the wages which shall be due him at.every port where such vessel, after the voyage has been commenced, shall load or deliver cargo before the voyage is ended; and all stipulations to the contrary shall be held as void. And when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall then be due him. Notwithstanding any release signed by any seaman under section 4,552 of the Revised Statutes any court having jurisdiction may, upon good cause shown, set aside such release and take such action as justice shall require. This section applies to seamen on foreign vessels while in harbors of the United States, and the courts of the United States shall be open to such seamen for its enforcement.

If in a foreign port, the first and second officers of a ship or a majority of the crew make complaint in writing that the boat is in unsuitable condition to go to sea or is insufficiently manned or that the supplies are not sufficient or wholesome, the consular or commercial agent discharging consular duties shall cause to be appointed three persons who shall examine into the cause of complaint.

On all the larger vessels every one of the crew shall have a space of not less than 100 cubic feet and not less than 16 square feet, measured on the floor or deck of that place, for lodgment. Such lodging shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water.

Every steamboat of the United States plying upon the Mississippi river or its tributaries shall furnish an appropriate place for the crew, which shall conform to the requirements of this section, so far as they are applicable thereto, by providing sleeping room in the engine room of such steamboat, properly protected from the cold, wind and rain.

All merchant vessels with more than 20 men must have one light, clean washing place and one washing outfit for every two men of the watch. The washing place must be properly heated. There must be hot and cold water supplies and washtubs, sinks and shower baths.

Punishments for disobedient seamen are provided for, in some instances at the option of the master or the discretion of the court, as follows:

Desertion-forfeiture of clothing left on board and any wages due.

Neglecting to join the vessel or absence without leave within 24 hours of sailing time from any port or other absence of leave not amounting to desertion, two days' pay and any money expended in hiring a substi

tute.

Quitting the vessel, without leave, at her arrival at the port of her delivery, before she is placed in security, not more than one month's pay.

Willful disobedience to any lawful command at sea, placing in irons until such disobedience shall cease, and forfeiture of wages of not more than four days' pay, or imprisonment. for not more than one month.

Continued willful disobedience to lawful command or continued willful neglect of duty at sea, placing in irons, on bread and water, with full

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Smuggling-reimbursement to the owner or master for loss occasioned and liability to imprisonment not more than 12 months.

Flogging and all corporal punishments are prohibited on board of any vessel. Masters and other officers resorting to it are liable to imprisonment for from three months to two years. If an under-officer violates this provision and the master lets him escape by not promptly reporting to the proper authorities, such master will himself be subject to the penalty.

Allowances of water and butter to the men are increased.

If any person demands or receives directly or indirectly any remuneration for providing a seaman with employment he can be imprisoned six months or fined not more than $500.

Any seaman can allot any part of his wages to his grandparents, parents, wife, sister or children.

Wages of seamen shall not be subject to attachment or arrestment, but this does not apply to court orders regarding the payment of money for the support of wife or minor children.

No vessel except those navigating rivers exclusively shall be allowed to clear from any port unless 75 per cent of the crew can understand all orders and a percentage running from 40 the first year to 65 the fifth and subsequent years shall be able seamen. The crew must be sufficient to man every life boat with two able seamen. Able seamen must be at least 19 years old with at least three years' experi

ence.

Apprentices are provided for as follows: Between 300 and 1,500 registered tons, at least one boy, over 1,500 registered tons, at least two boys.

The sections of the United States

law relating to foreign seamen shall in no case be held or construed to require or authorize the arrest, imprisonment, or delivering up of any deserter or deserting seaman to the vessel from which he has deserted, unless the application in writing required thereby shall allege, and on examination it be made to appear, that such deserter or deserting seaman has been guilty on board of such vessel of some act or omission which is a criminal offense under the laws of the foreign nation to which such vessel belongs, other than having withdrawn, or being about to withdraw, himself from the control and discipline of the master and officers of the vessel. All treaties in conflict with this act are abrogated, and the president of the United States is required at once to so notify every nation having any such treaty.

SCORES CONGRESS

Magazine Accuses Solons of Playing to the Galleries

The Manufacturers' News, of Chicago, does not hesitate to score congress for "playing to the galleries". In an editorial under that caption that paper says:

Congress is putting the finishing touches on an excise bill which passed the senate Friday evening.

The pending measure calls for an annual tax upon all persons, firms or co-partnerships equal to 1 per cent of the net income in excess of $500.

It is certainly surprising how the property owners all over the country have stood for an income tax law. They seem to think that the passage of an excise bill will be a substitute for some of the taxes they now pay, and that there will be more equity in the distribution than under the present form. There is no doubt but it will be distributed equitably and more nearly so than any other form of taxation, but it will simply be a tax in addition to the present taxes-just some additional graft.

Pledge Candidates for Office

Anti-Boycott Association, in Bulletin Urges
Business Men to Fight the Anti-Injunction Bill

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together with the great affliction that will result to the general public and the rights of individual liberty if this bill or any inimical legislation curtailing injunctive remedy should be enacted, have been demonstrated with a force which compels conviction. The Clayton anti-injunction bill would open our railroads and all other public utilities to the paralysis of sympathetic strikes and boycotts, would license picketing and boycotting and would inevitably lead to riot, bloodshed and destruction of property. This nation must provide a peaceful method of anticipating and avoiding the loss, bitterness and revolutionary sentiment which follows illegal strikes and boycotts and the sole remedy is by injunction.

The National Founders' Association has issued a circular entitled "Business Men to Washington"-setting forth in a most persuasive way the necessity of having the interests of the public represented by a fair proportion of business men instead of politicians and others not alive to the pressing necessities of the industrial situation. While it is of great importance that we should send to Washington business men that understood the necessities of the general public and while the advice to send them is excellent, the result cannot always be accomplished, as they do not wish to be diverted from their regular business avocations and are not seeking office.

A practical plan is for each of us, no matter what our political views may be, to see that the nominees, not only for the United States congress, but also for the state legislatures, pledge themselves, if elected, to oppose all attempts to impair the injunctive remedy or license picketing and boycotting.

Each of us should also be thoroughly informed on this one pivotal point of injunctive remedy and should press it upon his friends and all the organizations he comes in contact with. It will help avert dire disaster, which seems inevitable if the bars are let down and opportunity given for the interruption of public service, the clogging of the wheels of industry and the attendant loss of life and property, which would be the inevitable and appaling result if legal restraint could not be had. "An ounce of prevention is worth a pound of cure." Remedy by injunction is the best preventive

that has ever been made of practical idents to the senate, referred to in the

use.

While it is generally recognized that the industrial conditions of this country are the vital issue, none other being of equal importance, we are assured that the peaceful injunctive remedy is not understood by the people at large and that they must be educated to the enormity of the probable happening were it removed and were unlawful boycotting and picketing permitted.

Our association has been constantly represented at the hearings on this proposed law in Washington and has been making every effort to present to the committee of the house and senate the dangers accompanying the passage of the so-called Clayton bill, and while we may succeed in demonstrating to the sub-committee of this senate that such legislation should not be enacted and if enacted would probably be unconstitutional, we have other congresses to come and other people to represent us who should be informed and pledged as to these mat

ters.

We have on hand our own literature, including opinion of our counsel and bulletins bearing on this very important subject, also copies of presentations at the hearings and the forceful report of the minority committee in the house-all of which we will be glad to send on request-up to the limit of our supply.

In the midst of our business activities, do not leave this matter for someone else to attend to. Give it your own personal attention. Your business interests demand it. Public spirit demands that you give your attention to this one essential issue.

We enclose copy of memorial from many railroad presidents to the United States senate. The railroads were well represented and, with others, made. an excellent presentation at the senate hearings. You are confronted with something a great deal more than a theory.

First educate yourself. Then see that the candidates are educated and pledged.

The memorial of the railroad pres

above bulletin, was reproduced in full in the September number of THE AMERICAN EMPLOYER.

The association, Aug. 28, sent out still another bulletin on the subject, reading as follows:

Protect the laws and judiciary! Send to congress and state legislatures men pledged to preserve the injunctive remedy and thus protect the nation. from industrial war. The industrial situation is most critical. The spirit of unrest must be allayed. The injunction is the sole peaceful remedy by which waste, rioting, and the bitterness of class war may be anticipated and avoided. Without it, the laws may be enforced only by the militia, police and damage suits after irreparable harm has been done to private and public rights.

In order to operate our public utilities, protect our fuel and food supplies, and maintain the spirit of industrial peace against rioting and disorder, the injunctive remedy should be preserved. It is the great preventive of anarchy, riot, bloodshed, destruction of property, and the hatred and ill-feeling which flow from industrial conflicts. Let us legislate for industrial peace and economy rather than industrial war and waste.

The situation is grave.

Sound the alarm among your friends and all associations! Ask them to circularize and educate! See that all candidates are pledged on this important issue! Convince them that there is a united body of public-spirited citizens ready to resist this attack upon our institutions! No matter what your political affiliations, concentrate on this injunction issue! Send men of business training to congress and state legislatures. In the midst of your business activities, do not leave this matter for some one else to do. Give it your personal attention. Public spirit and your business interests demand it. First educate yourself, then see that the candidates are educated and pledged.

Literature will be furnished you on request.

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