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Failure to return personal effects.-Evidence held insufficient to show what personal effects of a member of a ship's crew were not returned to him, on his arrest and confinement ashore for insubordination. Latty Emergency Fleet Corporation (D. C. Mass.) 279 F.-752.

V.

Confinement on shore as termination of services.-The insubordinate conduct of an intoxicated member of a ship's crew, for which he was arrested

and confined ashore, held not such as in legal effect to end his service on the ship; and hence, where he was not discharged pursuant to this section, he was entitled to compensation for the remainder of the term for which he shipped. Latty v. Emergency Fleet Corporation (D. C. Mass.) 279 F. 752.

Cited without definite application, Petition of Canadian Pac. Ry. Co. (D. C. Wash.) 278 F. 180; The Pochasset (D. C. R. I.) 281 F. 874.

§ 8382a. (Act March 4, 1915, c. 153, § 16.) Termination of provisions of treaties, etc., for arrest and imprisonment of deserters;

notices to be given therefor.

Cited without definite application, Petition of Canadian Pac. Ry. Co. (D.

C. Wash.) 278 F. 180; The Pochasset (D. C. R. I.) 281 F. 874.

§ 8382b. (Act March 4, 1915, c. 153, § 17.) Provisions of treaties, etc., for arrest and imprisonment of deserters to be of no force

on expiration, etc.

Cited without definite application, Petition of Canadian Pac. Ry. Co. (D.

C, Wash.) 278 F. 180; The Pochasset (D. C. R. I.) 281 F. 874.

§ 8382c. (Act March 4, 1915, c. 153, § 18.) Times of taking effect

of provisions of act.

Cited without definite application, Petition of Canadian Pac. Ry. Co. (D. C. Wash.) 278 F. 180; The Pochasset

(D. C. R. I.) 281 F. 874; 30 Op. Atty. Gen. 334.

§ 8387. (R. S. § 4606.) Penalty for boarding vessels before arrival.

Application and scope of statute.Federal Statutes, §§ 8006, 8007, 8387, give the federal officials control of vessels entering ports of the United States until they have been properly inspected and completely moored, but after such

vessels have been inspected and moored there is no Federal statute whereby proceedings can be had and arrests made of those who board such vessels against the consent of the masters. 32 Op. Atty. Gen. 159.

§ 8391. (R. S. § 4611, as amended, Act Dec. 21, 1898, c. 28, § 22, and Act March 4, 1915, c. 153, § 9.) Corporal punishment prohibited; penalty.

Admissibility of evidence.-On trial of defendants, as officers of an American vessel, for unlawfully beating, wounding, and imprisoning seamen, clubs, brass knuckles, and knives found in defendants' quarters on the vessel, some of them identified as having been

used in the assaults, held admissible in evidence. Pedersen v. U. S. (C. C. A. N. Y.) 271 F. 187.

Cited without definite application, Petition of Canadian Pac. Ry. Co. (D. C. Wash.) 278 F. 180; The Pochasset (D. C. R. I.) 281 F. 874.

§ 8392. (R. S. § 4612, as amended, Act Dec. 21, 1898, c. 28, § 23.) Definitions, schedule, and tables.

4. Who are merchant seamen in general.-In view of Rev. St. U. S. § 3 (U. S. Comp. St. § 3), defining "vessel," and section 4612, as amended by this section, defining "seaman," the case for death, by falling off the gangplank of a night watchman on a derrick lighter or scow, floating in New York Bay, though moored to the bulkhead, and being used there in construction work, held one in admiralty, excluding recourse to Workmen's Compensation Law. Norman v. Merritt & Chapman Derrick & Wrecking Co. (Sup.) 193 N. Y. S. 195.

14. Scows and floating dredges as vessels.-Under Rev. St. § 4612, as

amended by this section, a pile driver scow is a vessel, and the foreman in charge of its operation and other employés under his authority are seamen, and under Seamen's Act, § 20 (Comp. St. § 8337a), in an action by a subordinate employé for a personal injury the foreman is not a fellow servant of such employé, but is the representative of the owner of the vessel. George Leary Const. Co. v. Matson (C. C. A. Va.) 272 F. 461.

16. Scale of provisions.-Under Rev. St. §§ 4612, 4568 (Comp. St. §§ 8357, 8392), the owner of a vessel is not liable for poor cooking, where good food was provided, or for the substi

tution of wholesome equivalents for provisions which could not be obtained in foreign ports. The Silver Shell (D. C. N. Y.) 255 F. 340.

Seamen, who on expiration of term prior to end of voyage demanded the right to go ashore, but thereafter went back on board and agreed to an extension of the articles, could not, on end of voyage, recover the difference between the subsistence agreed in the articles and the shore allowances, where the "wage scales and working conditions aboard ship" provided for subsistence allowances only "when subsistence is not provided on board," or "when in port and board is not furnished," or "when crew is not boarded aboard the vessel," since such seamen

could have lived on board during such time, if they had chosen to so do. Petterson v. U. S. (D. C. N. Y.) 274 F. 1000.

162. Recovery of deficiency of wages from master.-A decree in rem for seamen's wages, held not to defeat the right to recover the deficiency from the master, obligated under the shipping articles, in the form provided by this section, to pay such wages in an action in personam. Everett v. U. S. (C. C. A. Wash.) 284 F. 203.

Cited without definite application, Tatsukichi Kuwabara v. U. S. (C. C. A. Hawaii) 260 F. 104; Everett v. U. S. (D. C. Wash.) 277 F. 256.

§ 8392a. (Act March 4, 1915, c. 153, § 10.) Amendment of schedule; increase in requirements of water and butter.

Cited without definite application, Petition of Canadian Pac. Ry. Co. (D.

2 SUPP. U.S.COMP. '23-151

C. Wash.) 278 F. 180; The Pochasset (D. C. R. I.) 281 F. 874.

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§ 8439c. (Act June 5, 1920, c. 235, § 1.) Post lantern lights. Hereafter post-lantern lights and other aids to navigation may be established and maintained, in the discretion of the Commissioner of Lighthouses, on the Yukon River and its tributaries, Alaska. The cost thereof shall be paid out of the annual appropriations for the Lighthouse Service. (41 Stat. 927.)

This section is a provision of the sundry civil appropriation act for the fiscal year 1921, cited above.

§ 8448. (Act June 20, 1918, c. 103, § 3.) Rations for lighthouse keepers and assistants; commutation.

The sundry civil appropriation act for the year 1922, Act March 4, 1921, c. 161, § 1, 41 Stat. 1416, contains the following provisions:

"Lighthouse Service. * * Rations and provisions or commutation thereof for keepers of lighthouses, working parties in the field, officers and crews of light vessels and tenders, and officials and other authorized persons of the Lighthouse Service on duty on board of such tenders or vessels, and money accruing from commutation for rations and provisions for the above-named persons on board of tenders and light vessels or in working parties in the field may be paid on proper vouchers to the person having charge of the mess of such vessel or party."

§ 8449a. (Act March 4, 1921, c. 161, § 1.) Reimbursement of keepers and masters for rations, etc., supplied shipwrecked persons.

Lighthouse Service: Reimbursement under rules prescribed by the Secretary of Commerce of keepers of light stations and masters of light vessels and of lighthouse tenders for rations and provisions and clothing furnished shipwrecked persons who may be temporarily provided for by them, not exceeding in all $5,000 in any fiscal year. (41 Stat. 1416.)

From the sundry civil appropriation act for the year 1922, cited above. See U. S. Comp. St. 1916, § 8449.

§ 8451. (Act March 4, 1913, c. 168.) Sale of condemned supplies,

etc.

Sale of lighthouse sites.-The Department of Commerce is authorized under this act, to sell in the manner prescribed thereby lands reserved for lighthouse sites whenever for adminis

trative reasons it is determined the
game cannot be profitably used in the
work of the Lighthouse Service.
Op. Atty. Gen. 488.

32

§ 8455a (1). (Act March 4, 1921, c. 161, § 1.) Retirement of officers and employés; exceptions.

The provision of section 6 of the Act entitled "An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes," approved June 20, 1918, relative to compulsory retirement shall not apply to an employee of the Lighthouse Service if within sixty days after the passage of this Act or not less than thirty days before the arrival of such employee at the age of seventy, the Secretary of Commerce shall certify as

a matter of public record that by reason of his efficiency and willingness to remain in the Lighthouse Service of the United States. the continuance of such employee therein would be advantageous to the public service. In that event such employee may be retained for a term not exceeding two years, and at the end of two years such employee may, by similar certification, be continued for an additional term not exceeding two years: Provided, however, That at the end of ten years after this Act becomes effective no employee shall be continued in the Lighthouse Service beyond the age of compulsory retirement defined in the Act of June 20, 1918, referred to in this paragraph: Provided further, That nothing herein shall exclude or prevent any employee of the Lighthouse Service who shall have reached the age of compulsory retirement within thirty days before or after the date of the passage of this Act from enjoying the privileges thereof. (41 Stat. 1417.)

From the sundry civil appropriation act for the year 1922, cited above. § 8459a. (Act Aug. 29, 1916, c. 417.) Vessels, equipment, etc., of lighthouse service transferred to Navy or War Departments during national emergency.

Cited without definite application, 32 Op. Atty. Gen. 505.

§ 8459aa. (Act June 5, 1920, c. 264, § 1.) Vessels available for light vessels or lighthouse tenders.

The Secretary of War, the Secretary of the Navy, and the Shipping Board shall report to the Secretary of Commerce such vessels as they are willing to dispose of, and which by reasonable alterations can be used for light vessels, or lighthouse tenders; and if the use of the vessels should be justified by the necessary expenditure for alterations, transfer of the ships shall be made to the Department of Commerce, and they shall be used for the purposes of this Act; and the sum herein authorized shall be available for such repairs and be reduced by the sums saved by the use of such vessels. (41 Stat. 1058.)

This section is a provision of § 1 of an act to authorize aids to navigation and for other works in the Lighthouse Service, cited above.

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TITLE LV A-THE COAST GUARD

CHAPTER A-GENERAL PROVISIONS

§ 84591/2a (1). (Act Jan. 28, 1915, c. 20, § 1.) The Coast Guard established in lieu of Revenue-Cutter Service and Life-Saving Service; part of the military forces; etc.

Coast guard as troops.-Under this section, pars. 1-6, establishing the Coast Guard in lieu of the existing Revenue Cutter and Life-Saving Service, section 1 of which provides that the Coast Guard shall operate under the Treasury Department in time of peace and as part of the Navy in time of war; and in view of the intention of Congress to class the Coast Guard with the Army, Navy, and Marine Corps manifested by provisions in pars. 7-14, and Act Aug. 29, 1916, c. 418, § 1, the Coast Guard, while serving under the Secretary of the Navy in time of war, are troops within the meaning of a railroad land grant requiring the transportation of troops without charge, but are not troops when serv

ing under the Secretary of the Treasury in time of peace. Louisville & N. R. Co. v. U. S., 42 S. Ct. 337, 258 U. S. 374, 66 L. Ed. 668, granting motion to remand 55 Ct. Cl. 45.

The Coast Guard, after the passage of the act of January 28, 1915, 38 Stat. 801, became part of the military organization of the United States within the meaning of the land-grant acts allowing deductions for the transportation of "troops of the United States." Southern Pacific Co. v. U. S., 56 Ct. CI. 282.

Cited without definite application, U. S. ex rel. Bryant v. Houston (C. C. A. N. Y.) 273 F. 915; Allen v. U. S., 56 Ct. Cl. 265; 32 Op. Atty. Gen. 185.

(2) (Act Jan. 28, 1915, c. 20, § 2.) Composition of Coast Guard; transfer of officers and men of Revenue-Cutter Service and Life-Saving Service; etc.

See U. S. Comp. St. Supp. 1919, Annot. Ed. §§ 84592a (21/18) et seq.

For current appropriation for officers and employees of the Coast Guard, see Act Feb. 17, 1922, c. 55, 42 Stat. 377.

(2a) (Act June 5, 1920, c. 235, § 1.) Titles of commissioned officers changed.

Titles of commissioned officers of the Coast Guard are hereby changed as follows: Senior captain to commander, captain to lieutenant commander, first lieutenant to lieutenant, second lieutenant to lieutenant junior grade, third lieutenant to ensign, captain of engineers to lieutenant commander (engineering), first lieutenant of engineers to lieutenant (engineering), second lieutenant of engineers to lieutenant, junior grade (engineering), and third lieutenant of engineers to ensign (engineering): Provided, That all laws applicable to the titles hereby abolished in the Coast Guard shall apply to the titles hereby established. (41 Stat. 879.)

This paragraph is a part of the sundry civil appropriation act for the fiscal / year 1921, cited above.

(21/18) (Act July 1, 1918, c. 114.) Temporary promotion of certain officers.

Cited without definite application,
32 Op. Atty. Gen. 185.
Same.

(21%) (Act July 1, 1918, c. 114.)

Selection for promotion.-The Naval Appropriation Act of July 1, 1918 (40) Stat. 704), does not authorize a board of three of the ranking officers of the Coast Guard to select Coast Guard officers for temporary promotion, but such promotions can be made only by

a board consisting of nine rear admirals on the active list of the line of. the Navy, as provided by the Naval Appropriation Act of August 29, 1916 (39 Stat. 578). 32 Op. Atty. Gen. 208.

Cited without definite application, 32 Op. Atty. Gen. 185.

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