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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.

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):

NAVCG 706-B

OFFICIAL LOGBOOK-MERCHANT MARINE OF THE UNITED STATES

UNITED STATES COAST GUARD

Véssel

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 vice 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. (6) 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.

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.

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 Commerce 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

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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

1 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.

surface of the water in which the vessel is then floating, and shall also enter a statement of the actual drafts of the vessel forward and aft as nearly as the same can be ascertained.3

There shall be entered in the official log the time that hinged, watertight doors fitteed in bulkheads dividing cargo between deck spaces are opened in port and the time these doors are closed before leaving port. (These doors must be closed, secured, and remain so during the voyage.)

There shall be entered in the official log the time of opening and the time of closing in port, portable plates gangways, cargo ports, coaling ports, and other openings in the vessel's hull below the margin line which are required by the regulations to be kept closed at sea (46 C. F. R. 46.20, 46.28, 46,31). (If it becomes essential for the safety of the ship to open any of these fittings at sea, the circumstances and the time of opening and closing shall be entered in the official log.)

There shall be entered in the official log the time of opening, closing, and securing, at sea, watertight doors fitted between bunkers for the purpose of trimming coal.

There shall be entered in the official log the time of opening, and closing in port those airports below the bulkhead deck that are required to be kept closed while at sea by the regulations.

There shall be entered in the official log a record of the following drills and inspections with an explicit record of any defects which may be disclosed and the steps taken to remedy them :

(1) Operation of watertight power doors and watertight hinged doors in main transverse bulkheads in use at sea-daily.

(2) Drills in the operation of watertight doors, airports, valves, and closing mechanisms of scuppers, ash chutes, and rubbish chutes—weekly. (When the voyage exceeds 1 week, a complete drill shall be held before leaving port.)

(3) Inspection at sea of all watertight doors together with all mechanisms and indicators connected therewith, all valves the closing of which is necessary to make a compartment watertight-at least once a week.

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Draft records required by the Load Line Act of 1929 and the International Convention

for Safety of Life at Sea 1 Governing load-line mark?

(Subdivision, tropical, summer, winter, or w. n. a.)

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1 See p. 2 for all subject vessels,

2 Enter applicable mark.

2 When the draft of the vessel is limited by a seasonal load line located below the subdivision load line the position of the seasonal load line shall be entered in relation to the surface of the water in which the vessel is floating.

3 When an allowance of draft is made for density of the water in which the vessel is floating, this density is to be noted in the official log.

Index to entries in official logbook

Entries

Reference to any page in which the various entries appear

1. Conviction of any member of crew and

punishment. 2. Offense committed by member of 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 hereinbefore

required... 3. Offense for which punishment has been

inflicted on board, and the punishment

inflicted.. 4. Statement of the conduct, character, and

qualifications of each member of the

crew 5. Illness or injury that has happened to any

member of crew, the nature thereof, and

the medical treatment adopted (if any). 6. Death that has happened on board, and

cause thereof. 7. Birth that has happened on board, the sex

of the infant, and the name of the par

ents. 8. Marriage that has taken place on board

names and ages of the parties. 9. Name of seaman or apprentice who has

ceased to be a member of the crew, otherwise than by death, with the place,

time, manner, and cause thereof. 10. Wages due to any seaman or apprentice

who has died during the voyage, and the gross amount of all deductions to be

made therefrom 11. Deductions of wages. 12. Sale of the effects of any seaman or ap

prentice who has died during the voyage, including a statement of each article

sold and the sum received for it.. 13. Survey of provisions and water..

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*V, G. for “Very good”; G. “Good”'; M. “Middling”; and I. “'Indifferent.” The master may also insert particulars of ability or conduct; thus, "Helm” good, or “Sobriety” indifferent. If he declines giving any opinion he must so state opposite the man's name.

fif there is any entry in the log relating to any way to the crew, the page or pages in the log where entry is to be found should be written in the column opposite the man's name.

Official log of the

from

Date, hour, and place of the

occurrence entered. If at sea, give, in addition, the latitude and longitude

Entries required by act of Congress

Amount of any fine or forfeiture inflicted

N. B.-Every entry in this log book required by the act must be signed by the master and by the mate or some other of the crew; and every entry of any illness, injury, or death must also be signed by the surgeon or medical practitioner on board (if any); and every entry of wages due to, or of the sale of the effects of a sea. man or apprentice who has died must be signed by the master and by the mate and some other member of the crew.

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