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tion. Then, the traffic department, through the highway department, would summons the man for hearing for the purpose of determining whether or not his license should be revoked. The point is under that no imprisonment attaches.

Mr. SPINGARN. Thank you, Mr. Chairman.

Mr. Haddock has also made considerable point of the fact that the Administrative Procedure Act was enacted on accound of abuses under this particular statute we are dealing with.

I want to say it is our firm opinion this is not the case. The abuses to which the Attorney General's Committee refers in 1940 were corrected long before the Administrative Procedure Act was passed in 1946. It is our opinion that had it not been for Reorganization Plan No. 3, which put these functions permanently in the Coast Guard, that is under the prior existing statute these hearings would have been exempt from the Administrative Procedure Act and that this committee and the Senate committee were under the impression that these hearings were thus exempt when they considered the bill that became the Administrative Procedure Act.

Mr. GRAHAM. Do you believe the situation became aggravated by reason of the World War and the large number of men going into the Merchant Marine which necessitated or resulted in a large number of violations?

Mr. SPINGARN. Unquestionably that played a large part.

In connection with the log book, Commander Edwards of the Coast Guard is here. I think it would be well to have a statement from him regarding the log book, since he is a former merchant marine captain. Mr. GRAHAM. We shall be glad to hear from him.

Commander EDWARDS. I would like to supplement Mr. Haddock's statement when he was telling you about who makes entries in this log book, because he is mistaken. The third mate or second mate or engineer never make any entries.

Mr. KEATING. Is this official log book the only one ever placed in evidence?

Commander EDWARDS. Yes, sir.

Mr. KEATING. The deck log book and engineer log book are never put in evidence?

Commander EDWARDS. No; except in the case of a casualty.
Mr. KEATING. In case of casualty.

Commander EDWARDS. Insofar as actions as to the vessel are concerned. There are many things that go in here, much of which is put in in the handwriting of the masters. It includes not only a statement of misconduct, but statements of account. It includes certain entries as to the time of the happening and matters such as closing watertight doors.

On the front page there are excerpts from the existing law relating to those matters which must be entered in this book. I will just read a few, such as deaths, births————

Mr. KEATING. Births?

Commander EDWARDS. Yes. In other words, a complete list of everything the master must enter in the log book.

Under section 4596 of the Revised Statutes, there is an excerpt of that law which sets out those penalties which the master can impose on a seaman for any of the offenses which fall within the purview of

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this act. For instance, I am inclined to believe the impression is here that the master sets up and has a court martial or trial on his own account at which evidence is taken. Such is not true. If a man goes AWOL and fails to show up the absence is noted. The head of his department, the first assistant engineer, or chief mate notifies the master and the master says "When he comes back, bring him up." And he is confronted by the first mate. The master says "Is that right?" He admits or denies that it is true. The master makes an entry, "Joe has been absent from his ship" and fines the man so many days' pay.

He is supplied with a copy after the statement is signed by the master and attested to by the chief officer. The master is required to enter in the book the comment of the individual after having read this and being supplied with a copy and at that time he can enter any complaint about the procedure he wants to.

Mr. GRAHAM. May I interrupt.
Commander EDWARDS. Yes, sir.

Mr. GRAHAM. Then the admissions made by the accused are then entered and that is available later when the inspector comes in?

Commander EDWARDS. It is entered and also attested to by the person present when entered.

Mr. KEATING. Is the accused advised of his rights and does he know his rights?

Commander EDWARDS. That is explained to him. He may make an explanation.

Mr. KEATING. He may not know he has the right to make an explanation. He may have been sick on shore and may not know.

Commander EDWARDS. He makes a statement right there in front of the master.

Mr. KEATING. He does if he thinks of it.

Mr. GRAHAM. Commander, may I interrupt you a moment.

I think this is what we are driving at. Under our criminal procedure in the various States, before a voluntary statement is made, the accused is always warned of his rights, whether he wishes to make a statement and that he has opportunity to have counsel. That is what you are driving at?

Commander EDWARDS. The logging of AWOL is purely an employer-employee relationship. There is no criminal statute involved. I can just go over some of these offenses for which a master can penalize a man. There are many things that happen aboard ship a master can do nothing about. For instance, if the chief mate came up to the master and said "Joe Blow hit me in the face," the master can do nothing.

Mr. KEATING. As a practical matter what would he do?

Commander EDWARDS. He would probably call the man up and say "Listen, keep your hands to yourself." If there was any doubt as to the man's sanity, or danger to other people, he might place him in confinement.

Mr. REEVES. Are you drawing an analogy to a situation where an employer docks an employee for having missed a day's work? Commander EDWARDS. Yes; except in this case it is covered by law. Mr. REEVES. Your point is the master's authority extends to the civil penalty?

Commander EDWARDS. Yes, sir.

Mr. REEVES. And not criminal?

Commander EDWARDS. Yes, sir.

Mr. REEVES. As bearing on the question of double jeopardy?
Commander EDWARDS. Yes, sir.

Mr. REEVES. Thank you.

Commander EDWARDS. I will just run over a few of these things.

For desertion, forfeiture of all or any part of the clothes and effects he leaves on board and of all or any part of the wages or emoluments which he has then earned.

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For willful disobedience to any lawful command at sea There is nothing about a lawful command in a foreign port. The ship may be tied up and the master give a lawful normal order. If the man refuses to obey it the master could not do one single thing about it.

All of these things are at sea and not in port, and may I point out the modern cargo vessel

Mr. GRAHAM. May I interrupt for the sake of clarity.

It is not in the province of the master to suspend a man's papers for these various infractions?

Commander EDWARDS. That is correct.

Mr. GRAHAM. It must be determined by an inquiry later on? Commander EDWARDS. Yes; and the master does not have authority in many cases, such as in the case of assault.

I think that is about all.

Mr. SPINGARN. We might put this logbook in the record, or at least file it with the Committee.

Mr. GRAHAM. Without objection, it is so ordered.

The log book referred to is, as follows (only sample sheets are reprinted):

Vessel

NAVCG 706-B

OFFICIAL LOGBOOK-MERCHANT MARINE OF THE UNITED STATES

UNITED STATES COAST GUARD

NOTE. Attention of masters and officers is directed to the additional entries required by the regulations for the establishment of load lines concerning the position of load lines, the operation and condition of watertight doors, airports, and other openings in the ship's hull together with periodical drills involving their use. Particular provision has been made for these entries on pages 24-28. Supplied gratuitously by the government of the United States to American vessels in the foreign trade and the trade between the Atlantic and Pacific ports of the United States.

ACTS OF CONGRESS RELATING TO LOGBOOKS

(R. S., secs. 4290, 4291, 4292, 4596, 4597, as amended, and act Mar. 2, 1929-U. S. C., title 46 secs. 201, 202, 203, 701, 702, and 85)

SEC. 4290. Every vessel making voyages from a port in the United States to any foreign port (except ports in the British North American possessions), or, being of the burden of 75 tons or upward, from a port on the Atlantic to a port on the Pacific, or rice versa, shall have an official logbook; and every master of such vessel shall make, or cause to be made therein, entries of the following matters, that is to say:

First. Every legal conviction of any member of his crew, and the punishment inflicted.

Second. Every offense committed by any member of his crew for which it is intended to prosecute or to enforce a forfeiture, together with such statement concerning the reading over such entry, and concerning the reply, if any, made to the charge, as is required by the provisions of section 4597.

Third. Every offense for which punishment is inflicted on board, and the punishment inflicted.

Fourth. A statement of the conduct, character, and qualifications of each of his crew; or a statement that he declines to give an opinion of such particulars. Fifth. Every case of illness or injury happening to any member of the crew, with the nature thereof, and the medical treatment.

Sixth. Every case of death happening on board, with the cause thereof. Seventh. Every birth happening on board, with the sex of the infant, and the names of the parents.

Eighth. Every marriage taking place on board, with the names and ages of the parties.

Ninth. The name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death, with the place, time, manner, and cause thereof. Tenth. The wages due to any seaman or apprentice who dies during the voyage, and the gross amount of all deductions to be made therefrom.

Eleventh. The sale of the effects of any seaman or apprentice who dies during the voyage, including a statement of each article sold, and the sum received for it. Twelfth. In every case of collision in which it is practicable so to do, the master shall, immediately after the occurrence, cause a statement thereof, and of the circumstances under which the same occurred, to be entered in the official log-book. Such entry shall be made in the manner prescribed in section 4291, and failure to make such entry shall subject the offender to the penalties prescribed by section 4292.

SEC. 4291. Every entry hereby required to be made in the official logbook shall be signed by the master and by the mate, or some other one of the crew, and every entry in the official logbook shall be made as soon as possible after the occurrence to which it relates, and, if not made on the same day as the occurrence to which it relates, shall be made and dated so as to show the date of the occurrence, and of the entry respecting it; and in no case shall any entry therein, in respect of any occurrence happening previously to the arrival of the vessel at her final port, be made more than twenty-four hours after such arrival.

SEC. 4292. If in any case the official logbook is not kept in the manner hereby required, or if any entry hereby directed to be made in any such logbook is not made at the time and in the manner hereby directed, the master shall, for each such offense, be liable to a penalty of not more than $25; and every person who makes, or procures to be made, or assists in making, any entry in any official logbook in respect of any occurrence happening previously to the arrival of the vessel at her final port of discharge, more than 24 hours after such arrival, shall, for each offense, be liable to a penalty of not more than $150.

SEC. 4596. Whenever any seaman who has been lawfully engaged or any apprentice to the sea service commits any of the following offenses, he shall be punished as follows:

First. For desertion, by forfeiture of all or any part of the clothes or effects he leaves on board and of all or any part of the wages or emoluments which he has then earned.

Second. For neglecting or refusing without reasonable cause to join his vessel or to proceed to sea in his vessel, or for absence without leave at any time within 24 hours of the vessel's sailing from any port, either at the commencement or during the progress of the voyage, or for absence at any time without leave and without sufficient reason from his vessel and from his duty, not amounting to desertion, by forfeiture from his wages of not more than 2 days' pay or sufficient to defray any expenses which shall have been properly incurred in hiring a substitute.

Third. For quitting the vessel without leave, after her arrival at the port of her delivery and before she is placed in security, by forfeiture from his wages of not more than 1 month's pay.

Fourth. For willful disobedience to any lawful command at sea, by being, at the option of the master, placed in irons until such disobedience shall cease, and upon arrival in port by forfeiture from his wages of not more than 4 days' pay, or, at the discretion of the court, by imprisonment for not more than 1 month. Fifth. For continued willful disobedience to lawful command or continued willful neglect of duty at sea, by being, at the option of the master, placed in irons, on bread and water, with full rations every fifth day, until such disobedience shall cease, and upon arrival in port by forfeiture, for every 24 hours' continuance

of such disobedience or neglect, of a sum of not more than 12 days' pay, or by imprisonment for not more than 3 months, at the discretion of the court.

Sixth. For assaulting any master, mate, pilot, engineer, or staff officer, by imprisonment for not more than 2 years.

Seventh. For willfully damaging the vessel, or embezzling or willfully damaging any of the stores or cargo, by forfeiture out of his wages of a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, by imprisonment for not more than 12 months.

Eighth. For any act of smuggling for which he is convicted and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or damage, and the whole or any part of his wages may be retained in satisfaction or on account of such liability, and he shall be liable to imprisonment for a period of not more than 12 months. (Dec. 21, 1898, sec. 19; Mar. 4, 1915, sec. 7; Aug. 1, 1939, sec. 6.)

SEC. 4597 (amended Dec. 21, 1898, sec. 20). Upon the commission of any of the offenses enumerated in the preceding section an entry thereof shall be made in the official logbook on the day on which the offense was committed, and shall be signed by the master and by the mate or one of the crew; and the offender, if still in the vessel, shall, before her next arrival at any port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of such entry, and have the same read over distinctly and audibly to him, and may thereupon make such a reply thereto as he thinks fit; and a statement that a copy of the entry has been so furnished, or the same has been so read over, together with his reply, if any, made by the offender, shall likewise be entered and signed in the same manner. In any subsequent legal proceedings the entries hereinbefore required shall, if practicable, be produced or proved, and in default of such production of proof the court hearing the case may, at its discretion, refuse to receive evidence of the offense.

An Act to Establish Load Lines for American Vessels, and for Other Purposes, of March 2, 1929, as Amended

SEC. 1. Load lines are hereby established for the following vessels: (a) Merchant vessels of 150 gross tons or over, loading at or proceeding to sea from any port or place within the United States or its possessions for a foreign voyage by sea, the Great Lakes excepted. (b) Merchant vessels of the United States of 150 gross tons or over, loading at or proceeding to sea from any foreign port or place for a voyage by sea, the Great Lakes excepted. * * *

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SEC. 6. It shall be the duty of the master of every vessel subject to this act and to the regulations established thereunder * before departing from her loading port or place for a voyage by sea, to enter in the official logbook of such vessel a statement of the position of the load-line mark applicable to the voyage in question and the actual drafts forward and aft at the time of departing from port as nearly as the same can be ascertained.

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SEC. 8 (b). If the master of any vessel subject to this act and to the regulations established thereunder, * * shall fail, before departing from her loading port or place, to enter in the official logbook of such vessel the statement required by section 6, he shall for each offense be liable to the United States in a penalty of $100. The Secretary of Commerce1 may, in his discretion, remit or mitigate any penalty imposed under this paragraph.

International Convention for Safety of Life at Sea of 1929, and the U. S. Coast Guard Regulations of the Commandant, United States Coast Guard, Establishing Load Lines, 46 C. F. R. 46.021

Logbook entries.-(a) Applicable to foreign voyages by sea (the Great Lakes excepted).

The master of any passenger vessel making foreign voyages by sea shall insert at the time of departing from port in the vessel's official log a statement of the position of the subdivision load-line mark, port and starboard, in relation to the

Under Executive Order No. 9803, dated February 23, 1942 (7 F. R. 1609), the functions of the Secretary of Commerce under this act were transferred to the Commandant, United States Coast Guard.

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