surface of the water in which the vessel is then floating,2 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.

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

Governing load-line mark 2.

for Safety of Life at Sea 1

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 herein before 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 parents

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 apprentice 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...

*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.

tIf 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.

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 seaman or apprentice who has died must be signed by the master and by the mate and some other member of the crew.

Date, hour, and place of the occurrence entered. If at sea, give, in addition, the latitude and longitude

toward

Entries required by act of Congress

Amount of any fine

or forfeiture inflicted

Entries relating to maintenance of watertight integrity of the ship, hinged watertight doors in cargo between decks.

(See p. 2)

Portable plates, gangways, cargo ports, coaling ports, etc.

Time of closing

(See p. 2)

Time of closing

I acknowledge having received the articles and cash as charged above. Witness:

Master.

Mr. LEWIS. You mean to say the master has no authority to take any action at all, even where a man is killed aboard another ship?

Mr. SPINGARN. The only thing he could do is to prevent that man from killing somebody else by putting him in irons. We have had cases where the authority to place a man in irons has been questioned. Mr. GRAHAM. Is there anything else?

Mr. SPINGARN. Just one other thing and that is in connection with submitting these logbooks in evidence before the Coast Guard hearing. In the last sentence of the excerpt from Section 4597 I read "in any subsequent legal proceeding, 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."

Mr. GRAHAM. Your logbook is the first thing?

Mr. SPINGARN. It is one source.

Mr. GRAHAM. It is one source.

Mr. KEATING. It is a fact some men are convicted on the basis of the logbook?

Commander EDWARDS. I served overseas and also more recently in New York before coming to headquarters and I have never had a case wherein the logbook constituted the sole evidence against anyone. Mr. KEATING. You know of none.

Commander EDWARDS. I can truthfully say I know of none.
Captain RICHMOND. I might also say I know of none.

Captain HARRISON. I may say I review all these cases for the Commandant and in my experience I have run across but few cases where the logbook is the sole evidence.

There are many cases in which the logbook is introduced, but there are additional documents and testimony.

Mr. REEVES. You do regard the logbook as some evidence?

Captain HARRISON. Oh, yes; and the hearing officer would give such weight to it as may be warranted.

Mr. GRAHAM. It becomes, in the end, while not complete evidence or total evidence; yet it is prima facie evidence of the entry of the complaint.

Mr. KEATING. Is it prima facie evidence of guilt?

Captain HARRISON. I would not say.

Mr. REEVES. Has it considerable bearing on the guilt?
Captain HARRISON. It depends on the entry.

i

Mr. LEWIS. It depends on the charge.

Captain HARRISON. It depends on the charge.

Mr. KEATING. And it is considered as evidence of guilt whether or not the entry is made based on the personal knowledge of the one making the entry or complaint. Is that right?

Captain HARRISON. Well, I might say that the accused and his counsel could object and by cross-examination develop their side.

Mr. KEATING. Do you require the one making the entry to be present to subject himself to cross-examination?

Captain HARRISON. We usually require the logbook to be authenticated as an official document.

Mr. KEATING. By someone who has knowledge?

Captain HARRISON. By someone who has custody of the book, preferably the person who made the entry, if we can get him.

Mr. KEATING. But sometimes by a man whose cross-examination would elicit nothing as to the truth of the statement in the book. Is not that right?

Captain HARRISON. That may develop in some instances, but, as I say, we endeavor to have other testimony and other evidence which would remove any doubt.

Mr. GRAHAM. Captain, as I look on it, knowing this is not a criminal proceeding, there is some confusion as to the term "double jeopardy" and, as I look at it, it is a matter that can be compensated for by reestablishment of the license and payment to the individual. Therefore, it is not a finding of guilt at all. It is in the nature of a contract that exists between the master and the man on the ship. The man is confronted with a charge and he can admit or deny it as he sees fit. Is that a correct statement?

Captain HARRISON. Yes, sir.

Mr. GRAHAM. Do you agree, Mr. Haddock?

Mr. HADDOCK. No, sir. I would say in most instances what he says is correct. There is some that he says that is not correct.

Mr. KEATING. One of the penalties that can be imposed is to revoke the man's papers.

Captain HARRISON. Yes, sir.

Mr. KEATING. Can he get a job?

Captain HARRISON. Not in the merchant marine.

Mr. KEATING. Can he become a ribbon-counter clerk?

Captain HARRISON. Yes, sir.

Mr. KEATING. But his means of earning a livelihood in the merchant marine is gone?

Captain HARRISON. That is right.

Mr. GRAHAM. Is there any provision for the restoration after papers are revoked?

Captain HARRISON. In the case of revocation, we have a policy, if the facts warrant it, whereby a person may be permitted to sit at a new examination.

Mr. LEWIS. Is that policy or law?

Captain HARRISON. Policy.

Mr. LEWIS. It ought to be law.

Mr. REEVES. May I ask one further question?

Mr. GRAHAM. Yes, sir.

Mr. REEVES. There are cases in which a conviction or finding of guilt is based at least in part upon the logbook entry. Is that correct?