REVISERS' NOTE Principally, the sections of this chapter are derived from Title 53 of the Revised Statutes. Title 53 itself was derived principally from two sources: (1) Act, July 20, 1790, 1 Stat. 131, and (2) Act, June 7, 1872, 17 Stat. 263 ("The Shipping Commissioner Act"). Many amendments have been made to these Revised Statutes sections, and many other laws, outside the Revised Statutes format have been enacted in the Statutes-at-Large and included in this chapter of Title 46, United States Code. In the present Code presentation, this chapter is actually divided into subchapters, although not under that name. The subchapters are entitled "Shipping Commissioners," "Shipment of Crew," "Wages of Seamen," "Wages on Canal Boats," "Effects of Deceased Seamen," "Discharge" (of seamen), "Protection and Relief" and "Offenses and Punishments." As a logical arrangement, this is unimpeachable, but one law creates a great defect in application of these statutes. The law now carried as 46 U.S.C. 544 (Act, June 9, 1874, 18 Stat. 64) was actually passed before the Revised Statutes, but it survived the Revised Statutes and speaks as of a later date by reason of Revised Statute 5601. This Act declared that none of the provisions of the "Shipping Commissioner's Act" of 1872 applied in the coast wise (other than inter-coaster) trade, the lake-going trade, and trade between the United States and British North American possessions. When this exemption was enacted, Title 53 of the Revised Statutes had obviously already been edited into its present form of chapters from which today's Code chapters are derived. Thus, by virtue of 46 U.S.C. 544, the gathering of laws in one place to cover "Shipment of Seamen," and in another to cover "Discharge," presents an oversimplification which results in confusion, since some of the laws in each group apply only to vessels on certain foreign voyages or on intercoastal voyages, while other laws apply only to vessels not on those classes of voyage, and still others apply to all vessels. One primary object of the Revision is to group to laws (in "subchapters") according to the classes of voyages to which they apply, when that is the critical factor in determining application, and according to the size of the vessel if that is critical. The organization of material in the Revision is therefore based on a fundamentally different concept from that in Chapter 18, Title 46. United States Code, although the application is the same. In certain cases, the reorganization perceives that certain sections. in Chapter 18 belong more properly with "Manning" or with "Licensing" laws, and the material in them has been regrouped into other chapters of the Revision than that dealing with "Merchant Seamen." The notes to individual sections indicate when and why this was done. § 541. Appointment; accounts; expenditures; compensation; clerks. The Secretary of Commerce shall appoint a commissioner for each port of entry, which is also a port of ocean navigation, and which, in his judgment, may require the same; such commissioner to be termed a shipping commissioner, and may, from time to time, remove from office any such commissioner whom he may have reason to believe does not properly perform his duty, and shall then provide for the proper performance of his duties until another person is duly appointed in his place. Shipping commissioners shall monthly render a full, exact, and itemized account of their receipts and expenditures to the Secretary of Commerce, who shall determine their compensation, and shall from time to time determine the number and compensation of the clerks appointed by such commissioner, with the approval of the Secretary of Commerce, subject to the limitations now fixed by law. The Secretary of Commerce shall regulate the mode of conducting business in the shipping offices established by the shipping commissioners, and shall have full and complete control over the same, subject to the provisions herein contained; and all expenditures by shipping commissioners shall be audited and adjusted in the General Accounting Office in the mode and manner provided for expenditures in the collection of customs. All fees of shipping commissioners shall be paid into the Treasury of the United States and shall constitute a fund which shall be used under the direction of the Secretary of Commerce to pay the compensation of said commissioners and their clerks and such other expenses as he may find necessary to ensure the proper administration of their duties. REVISERS' NOTE The text of this section is omitted from recent editions of the United States Code because the office of "shipping commissioner," created by the law, was abolished by Reorganization Plan 3-46. While it is true that the office was abolished, and while the functions are now vested in the Secretary, by virtue of Reorganization Plan 26-50, it has been found difficult to redraft the provisions of the "Merchant Seamen" laws without reference to a specific office. The case here is different from that of redrafting the vessel inspection laws (Ch. 14 of Title 46, United States Code, and Ch. III of the Revision). There, the offices of inspectors and various boards were abolished, and all functions were vested in the Secretary. It was found easy to provide in the Revision that the Secretary could designate by regulation who the enforcement officers would be. This was not only easy to do but was desirable because, over the years, the titles of these functionaries have changed without benefit of statute, and may change again. But the case of "shipping commissioner" is a little different. Under present law four other classes of persons are authorized to perform the duties ascribed to "shipping commissioners" in the statutes: (1) masters of vessels required to sign agreements with their crews and to issue discharges, but not in the presence of "shipping commissioners"; (2) masters of vessels required to utilize "shipping commissioners" who find themselves in an area where no person authorized so to act is located; (3) officers of the Bureau of Customs; (4) consuls. The "inspection" laws posed no difficulty in this sense, because no statute authorizes the performance of an inspector's duty by any other person. With "shipping commissioner," to attempt to dispense with the term would require such circumlocuties as to render redrafting impossible. One absurd example may be cited. Under present 46 U.S.C. 546, the last sentence reads: "Whenever the master of any vessel shall engage his crew, or any part of the same, in any collection district where no Coast Guard official to perform the duties of shipping commissioner shall have been appointed, he may perform for himself the duties of such commissioner." It can be seen first that this attempt to recognize the abolition of the "shipping commissioner" office results in a contradiction in terms of the Code itself. A master is now so authorized in a port where "no Coast Guard official to perform the duties of shipping commissioner shall have been appointed" when there is in that port a "collector" or "deputy collector" of customs, who is authorized to act as "shipping commissioner" under 46 U.S.C. 543. The circumlocution needed to cover all cases, and to avoid the term "shipping .commissioner" would require something like this in the statute: (1) Certain agreements for shipping crews must be signed before the Secretary. (2) The Secretary may delegate this function to some Coast Guard officer and provide for sub-delegation. (3) The Secretary may provide in certain ports for delegation of his authority in these matters to officers of the customs. (4) In ports were there is no person to whom the Secretary has delegated these powers, a master of a ship may perform the duties conferred on the Secretary, even though not specifically authorized by the Secretary. (5) In foreign ports a consul may perform, by authority of statute, functions which, in the United States, the Secretary must delegate to some else. It has seemed easier to redraft so that the Secretary may provide for the appointment of "shipping commissioners" for purposes of the law and then to authorize other persons to perform the duties of "shipping commissioner." DISPOSITION The establishment of authority and duty to designate persons to perform the duties set out in the Revision for "shipping commissioners" is in Revisions 12101 and 12102. § 542. Bond and oath. Every shipping commissioner so appointed shall give bond to the United States, conditioned for the faithful performance of the duties of his office, for a sum, in the discretion of the Secretary of Commerce, of not less than $5,000, in such form and with such security as the Secretary of Commerce shall direct and approve; and shall take and subscribe the oath prescribed by section 16 of Title 5 before entering upon the duties of his office: Provided. That nothing in this section. shall be construed to affect in any respect the liability of principal or sureties on any bond given prior to April 26, 1906, by any shipping commissioner. REVISERS' NOTE Since the office of "shipping commissioner" was abolished, the provisions re bonds and oaths are archaic. Repealed without replacement. DISPOSITION § 542a. Demanding or receiving remuneration for supplying seamen for merchant vessels; penalty. Every Coast Guard official to whom the duties of shipping commissioner have been delegated and every clerk or employee in any shipping office, who demands or receives any remuneration whatever, either directly or indirectly, for hiring or supplying any seaman for |