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Executive Order No. 2262
[Prescribing Consular Regulations for Maintaining the Rights and Enforcing the Duties of American Sailors in Foreign Ports.]
THE WHITE HOUSE, October 21, 1915.
The Consular Regulations of 1896 are hereby amended as follows:
192. In case of loss by desertion--In case of desertion or casualty resulting in the loss of one or more of the seamen, the master must ship if obtainable, a number, equal to the number of these, whose services he has been deprived of by desertion or casualty, who must be of the same or of higher grade or rating with those, whose places they fill, and report the same to the United States consul, at the port at which he shall arrive. This section shall not apply to fishing or whaling vessels, or yachts. R. S. sec. 4516. Mar. 4, 1915.
205. Bond for return of seamen--The master of every vessel bound on a foreign voyage or engaged in the whale fishery, is required by law to exhibit a certified copy of the crew list to the first boarding officer at the first port in the United States at which he shall arrive on his return and also to produce the persons named in the crew list. For each failure to produce any person on the certified copy of the crew list, the master and the owner of the vessel are severally liable to a penalty of $400. But the penalty is not incurred for failure to pro- duce any seaman named in the crew list who has been discharged in a foreign country with the consent of a consular officer, certified in writing under his hand and official seal to be produced to the collector with the other persons composing the crew; nor on account of any such persons dying or absconding or being forcibly impressed into other service of which satisfactory proof shall then also be exhibited to the collector. A master cannot lawfully discharge a seaman in a foreign port without the intervention of the consular officer; and it is not material in such case that the discharge is made with the sea- man's consent, or that he has misconducted himself, or is not a citizen of the United States. (R. S. 4576; 7 op. Att. Gen., 349; 1 Low, 107; Tawney's Dec. 24; 29 Stat. L. 688).
207. Cases in which seamen are discharged--Add as section 13. "The seamen shall not be shipped to work alternately on deck and in the fireroom, nor shall those shipped for deck duty be required to work in the fireroom or vice versa, but these provisions shall not limit either the authority of the master, or other officer, or the obedience of the seamen, when in the judgment of the master, or other officer, the whole or any part of the crew are needed for the maneuvering of the vessel or the performance of work necessary for the safety of the vessel or of her cargo, or for the saving of life aboard other vessels in jeopardy, or when in port or at sea, from requiring the whole or any part of the crew to participate in the performance of fire, lifeboat and other drills. While such vessel is in a safe harbor, no seaman shall be required to do any unnecessary work on Sundays, or the following named days: New Year's Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day, but this shall not prevent the despatch of a vessel on regular schedule or when ready to proceed on her voyage. And at all times while such vessel is in a safe harbor, nine hours, inclusive of the anchor watch, shall constitute a day's work. Whenever the master of any vessel shall fail to comply with this sec- tion, the seaman shall be entitled to discharge from such vessel, and to receive the wages earned. This section shall not apply to fishing vessels, whaling vessels, or to yachts. Sec. 2, Act March 4, 1915.
210. Desertion from cruel treatment--When a consular officer dis- charges a seaman--in case of desertion caused by unusual or cruel treatment--he must enter upon the crew list, shipping articles and official log, the cause of discharge. In all cases where seamen or officers are accused, the consular officers shall inquire into the facts, and upon being satisfied of the justice and truth of such complaints, shall require the master to pay such seaman one month's extra wages, over and above the wages due at the time of discharge, and to pro- vide him with adequate employment on board some other vessel, or to Provide him with passage on board some other vessel, bound to the port from which he was originally shipped, or to the most convenient port of entry in the United States, or to a port agreed to by the sea- man; and the officer discharging such seaman shall enter upon the shipping articles, crew list and official log, the cause of such discharge and the particulars in which the unusual or cruel treatment consisted and subscribe his name thereto, officially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and subscribed in the same manner. R. S. 5483, 1898, and 4600, Mar. 4, 1915.
218. Consular officer to collect wages--If any consular officer when discharging any seaman, shall neglect to require the payment of and collect the arrears of wages and extra wages required to be paid in the case of the discharge of any seaman, he shall be accountable to the United States for the full amount thereof. The master shall pro- vide any seaman so discharged with employment on a vessel agreed to by the seaman, or shall provide him with one month's extra wages, if it shall be shown to the satisfaction of the consul that such seaman was not discharged for neglect of duty, incompetency, or injury incurred on the vessel. If the seaman is discharged by voluntary consent before the consul, he shall be entitled to his wages up to the time of his discharge, but not for any further period. If the seaman is discharged on account of injury or illness, incapacitating him for service, the expenses for his maintenance and return to the United States shall be paid from the fund for the maintenance and trans- portation of destitute American seamen. Provided, that at the dis- cretion of the Secretary of Commerce, and under such regulations as he may prescribe, if any seaman, incapacitated from service by injury or illness, is on board a vessel so situated that a prompt dis- charge requiring the personal appearance of the master of the vessel before an American consul, or consular agent is impracticable, such seaman may be sent to a consul or consular agent, who shall care for him and defray the cost of his maintenance and transportation. R. S. 4581--Sec. 19, Act Mar. 4, 1915.
222. Discharge for unusual or cruel treatment--Whenever on the discharge of a seaman in a foreign country by a consular officer, on his complaint against the officers for cruel treatment, it shall be the duty of the consul or consular agent to institute a proper inquiry into the matter, and upon his being satisfied of the truth and justice of such complaint, he shall require the master to pay to such seaman one month's wages over and above the wages due at the time of dis- charge, and to provide him with adequate employment on board some other vessel, or to provide him with passage on board some other ves- sel bound to the port from which he was originally shipped, or to the most convenient port of entry in the United States, or to a port agreed to by the seaman. R. S. 4583 and 4600.
224. Arrears of wages to be collected and reported--It is the duty of the consular officer to collect all arrears of wages that are due to the seaman at the time of his discharge, and to report the same quar- terly together with the extra wages collected, to the Department of State (Form No. 124); and vouchers for wages paid to a seaman, as prescribed in Form No. 164, must accompany the relief accounts. The arrears of wages and extra wages are not to be applied to the expenses of any discharged seaman after discharge by the consul, but all expenses for his maintenance and return to the United States shall be paid from the fund for the maintenance and transportation of des- titute seamen. R. S. 4581 and Cir. Feb. 24, 1910.
228. Loss of vessel--In cases where the services of any seaman ter- minate before the period contemplated in the agreement, by reason of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. Such seaman shall be considered as a destitute seaman (R. S. 4526) and it shall be the duty of American consular officers to, provide sufficient subsistence and passage to some port in the United States, in the most reasonable manner, at the expense of the United States. The seamen shall, if able, be bound to do duty on board the vessels in which they may be transported, according to their several abilities. (R. S. 4577). This section shall not apply to fishing or whaling vessels, or yachts.
229. Time for payment--The master or owner of any vessel mak- ing foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, shall pay to every seaman his wages within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens; and in all cases the seaman shall be entitled to be paid at the time of his discharge, on account of wages, a sum equal to one-third part of the balance due him. Every master or owner who refuses or neg- lects to make payment in the manner hereinbefore mentioned, without sufficient cause, shall pay to the seaman a sum equal to two days' pay for each and every day during which payment is delayed beyond the respective periods, which sum shall be recoverable as wages in any claim made before the court; but this section shall not apply to the masters or owners of any vessel, the seamen of which are entitled to share in the profits of the cruise or voyage. R. S. Sec 4529.
230. Payment of wages at ports--Every seaman on a vessel of the United States shall be entitled to receive on demand from the master of the vessel to which he belongs, one-half part of the wages, which he shall have then earned, at every port where such vessel, after the voyage has commenced, shall load or deliver cargo before the voyage is ended and all stipulations in the contract shall be void: Provided such demand shall not be made before the expiration of nor oftener than, five days. Any failure of the master to comply with this de- mand shall release the seaman from his contract, and he shall be entitled to full payment of wages earned. And when the voyage is ended, every such seaman shall be entitled to the remainder of the wages which shall then be due him, as provided in R. S. 4529. R. S. 4530.
235. Allotment of wages--It shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages he may earn to his grandparents, parents, wife, sister, or children. No allotment shall be valid unless in writing and signed by and approved by the shipping commissioner. It shall be the duty of the said commissioner to examine such allotments and the parties to them and enforce compliance with the law. All stipulations for the allotment of any part of the wages of a seaman during his absence which are made at the commencement of the voyage shall be inserted in the agreement and shall state the amounts and the times of the pay- ment to be made and the persons to whom the payments are to be made. That no allotment except as provided for in this section shall be lawful. Sec. 10 (b, c, d), Act Mar. 4, 1915.
236. No advance wages--It shall be and is hereby made unlawful in any case to pay any seaman wages in advance of the time when he has actually earned the same, or to pay such advance wages, or to make any order, or note, or other evidence of indebtedness therefor to any other person, or to pay any other person, for the shipment of seamen when payment is deducted from a seaman's wages. Any person vio- lating any of the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than $25 nor more than $100, and may also be im- prisoned for a period of not exceeding six months, at the discretion of the court. The payment of such advance wages or allotment shall in no case except as herein provided, absolve the vessel or the master, or the owner thereof from the full payment of wages, after the same shall have been actually earned, and shall be no defense to a libel suit or action for the recovery of such wages. If any person shall demand or receive, either directly, or indirectly, from any seaman, or other person, seeking employment, as seaman, or from any person in his behalf, any remuneration whatever, for providing him with employment, he shall for every such offense be deemed guilty of a misdemeanor and shall be imprisoned for not more than six months or fined not more than $500. R. S. Sec. 10 (a), Mar. 4, 1915.
238. To be cured at expense of ship--By the general maritime laws a seaman, when he receives any injury when in the service of the ship, or becomes sick during the voyage, and the sickness is not caused by his own fault, is entitled to be cured at the expense of the ship, but if the seaman is discharged on account of illness or injury, in- capacitating him for service, the expenses of his maintenance and return to the United States shall be paid from the fund for the main- tenance and transportation of destitute American seamen, and pro- vided, that at the discretion of the Secretary of Commerce, and under such regulations as he may prescribe, if any seaman incapacitated by injury or illness is on board a vessel so situated that a prompt dis- charge requiring the personal appearance of the master of the vessel before an American consul, or a consular agent is impracticable, such seaman may be sent to a consul or a consular agent, who shall care for him and defray the cost of his maintenance and transportation to the United States. R. S. 4581 and amendments. Sec. 19, Act Mar. 4, 1915. Cir. Feb. 24, 1908.
243. When collected--If any consular officer, when discharging any seaman, shall neglect to require the payment of and collect the arrears of wages and extra wages required to be paid in the case of the dis- charge of any seaman, he shall be accountable to the United States for the full amount thereof. (R. S. 4581.) Consular officers are re- quired by law to collect one month's extra wages in the following cases, and are prohibited from so doing in any other case.
247. No waiver of extra wages permitted--A note should be made on the margin of the page opposite the third line from the end, amend- ing "section 7 of the Act of June 26, 1884," to Section 16 of the Act of December 21, 1898.
252. Vessels sold--Whenever a vessel of the United States is sold in a foreign country and her company discharged, it shall be the duty of the master to produce to the consular officer a certified list of the (the) ship's company, and also the shipping articles, and besides pay- ing to each seaman, or apprentice the wages due him, he shall either provide him with adequate employment on board some other vessel bound for the port at which he was originally shipped, or to such other port as may be agreed upon by him, or furnish the means of sending him to such port, or provide him with a passage home, or deposit with the consular officer a sum of money as is by the officer deemed sufficient to defray the expenses of his maintenance and pas- sage home; and the consular officer shall indorse upon the agreement with the crew of the ship which the seaman or apprentice is leaving, the particulars of any payment, provision, or deposit made under this section. A failure to comply with the provisions of this section shall render the owner liable to a fine of not exceeding fifty dollars. Sec. 17, R. S. 4582, Dec. 21, 1898.
254. Discharge for illness or injury--Whenever a seaman is dis- charged on account of illness or injury incapacitating him for service, the expenses of his maintenance and return to the United States shall be paid from the fund for the maintenance and transportation of destitute seamen. (R. S. 4581 ; Act of December 21, 1898, Section 17.) At the discretion of the Secretary of Commerce, and under such regu- lations as he may prescribe, if any seaman incapacitated from service by injury or illness is on board a vessel so situated that a prompt discharge requiring a personal appearance of the master of the vessel before an American consular officer is impracticable, such seaman may be sent to a consular officer who shall care for him and defray the cost of his maintenance and transportation as provided in this para- graph. The personal appearance of the master of the vessel before an American consular officer to consent to the discharge of a seaman who has been incapacitated by injury or illness may be waived by the officer under the following conditions: (a) When the condition of the injured or ill seaman is such that prompt medical attendance is necessary and cannot be furnished on shipboard, and (b) when the master cannot proceed with the seaman to the consul without risk to the crew, the vessel, or the cargo. In such cases the master will address to the consul in writing a full statement of the facts which render necessary the discharge of the seaman, together with a state- ment of the reasons why he himself is unable to appear before the consul. The statement should cover the usual particulars set forth in a discharge and should be accompanied with an account of the wages due and with the necessary funds to meet such wages, or (if the cash be not available) with an order on the owner for the amount due. If the consul shall deem the statement satisfactory, he may dis- charge the seaman as directed in Section 4581, Revised Statutes, as amended by Section 16 of the Act of December 21, 1898, and Section. 19 of the Act of March 4, 1915, as if the master were present, attach- ing to discharge and to his relief account a copy of the statement sub- mitted by the master. If the consul shall deem the statement unsatis- factory, he will decline to grant the discharge and direct that the seaman be returned to the vessel at its expense.
291. Passage money to be paid by the government--In cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. Such seaman shall be considered a destitute seaman and shall be treated and transported to port of shipment as provided in sections 4577 and 4579 of the Revised Statutes. Sec. 3, R. S. 4526. If the seaman is discharged on account of injury or illness, incapacitating him for service, the expenses of his maintenance and return to the United States shall be paid from the fund for the maintenance and transportation of desti- tute American seamen. Sec. 16, R. S. 4581.
293. Desertion, how punished--It is provided by statute that deser- tion shall be punished 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 he has earned then. For neglecting or refusing with- out reasonable cause to join his vessel or to proceed to sea in his vessel, or for absence without leave at any time within twenty-four hours of the vessel's sailing from any port, either at the commence- ment 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 forfeiting from his wages not more than two days' pay or sufficient to defray any expenses which shall have been incurred in hiring a substitute. 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 one month's pay. Sec. 7, R. S. 4596, Act March 4, 1915.
299. Arrest of deserters--Cancelled by sections 16 and 17, Act of March 4, 1915.
302. Desertion from cruel treatment--It is by ,law made the duty of consular officers, in cases where seamen or officers are accused, to inquire into the facts, and, upon his being satisfied of the truth and justice of such complaint, he shall require the master to pay to such seaman one month's wages over and above the wages due at the time of discharge, and to provide him with adequate employment on board some other vessel, or provide him with a passage on board some other vessel bound for the port from which he was originally shipped, or to the most convenient port of entry in the United States, or to a port agreed to by the seaman; and the officer discharging such seaman shall enter upon the crew list and shipping articles and official log the cause of such discharge and the particulars in which the cruel or un- usual treatment consisted, and subscribe his name thereto officially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and subscribed in the same manner. Sec. 18, R. S. 4583, Dec. 21, 1898; Sec. 8, R. S. 4600, March 4, 1915.
304. Desertions to be reported within forty-eight hours--Strike out the end of the first sentence beginning at "and consequently no effort is made, or can successfully be made, for the recovery of the deserters, who subsequently come upon the consulate"; and the part of the second sentence reading "In order therefore, to aid in the enforcement of these regulations."
306. Treaty provisions as to desertion--Cancel. Sec. 16 and 17, Act March 4, 1915, forbids the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels in foreign countries and authorizes the President to give notice of the termination of such treaties to all foreign governments concerned.
315. Complaint of unseaworthiness--Provision has been made by statute for the examination of complaints in respect to the unsea- worthy condition of the vessel and insufficient equipment or supplies and, for the proceedings of consular officers in such cases. Upon a complaint in writing, signed by the first and second officers, or a majority of the crew of any vessel, while in a foreign port that such vessel is in an unsuitable condition to go to sea, because she is leaky or insufficiently supplied with sails, rigging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her pro- visions, stores and supplies are not or have not been during the voyage sufficient or wholesome, thereupon in any of these or like cases the consul or consular agent who may discharge any of the duties of a consul shall cause to be appointed three persons of like qualifications with those prescribed in section 4557 of the Revised Statutes, who shall proceed to examine into the cause of complaint and who shall proceed and be governed in all their proceedings as provided by said section (R. S. 4559). The inspectors in their report shall also state whether in their opinion the vessel was sent to sea unsuitably provided in any important or essential particular, by neglect or design, and the consular officer approves of such findings, he shall discharge such of the crew as request it, and shall require the payment by the master of one month's wages for each seaman over and above the wages then due, or sufficient money for the return of such of the crew as desire to be discharged, or with employment on a ship agreed to by them. But if in the opinion of the inspectors the defects or deficiencies found to exist have been the result of mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against before the sailing of the vessel and the master shall in a rea- sonable time remove or remedy the cause of complaint, then the crew shall remain and discharge their duty. R. S. 4561, Dec. 21, 1898. (Paragraphs 207 (60, 243). If not so remedied, the consular officer may discharge the crew, on their request, with the arrears of wages, but without any extra wages. The master or commander shall in the
first instance pay all the costs of such review, report, or judgment,
to be taxed or pay all the costs of such review, report, or judgment,
to be taxed or allowed on a fair copy thereof, certified by the judge
or justice. But if the complaint of the crew shall appear upon the report and judgment to have been without foundation, the master or commander, or the owner or consignee of such vessel, shall deduct the amount thereof, and of reasonable damages for the detention, to be ascertained by the judge or justice, out of the wages of the com- plaining seamen. R. S. 4557. In cases of this kind the consular officer will be careful to consult the full text of the statutes. This provision does not apply to fishing or whaling vessels, or yachts.
316. Complaint as to provisions, or water--Amend by changing the last sentence of the paragraph to read: "If the officer to whom any such complaint is made certified in such statement that there was no reasonable ground for such complaint, each of the parties so com- plaining shall forfeit to the master or owner, his share of the ex- penses, if any, of the survey." R. S. 4556, Act Dec. 21, 1898. This provision does not apply to fishing or whaling vessels, or yachts (Sec. 26, Act Dec. 21, 1898.)
320. Application to authorities--Strike out form No. 34. ("Re- quests to Local Authorities for the Arrest of Deserters.") Sec. 16, Act March 4, 1915.
337. Consular Fees--Annote on margin "Section 4559 as amended by section 5 of the Act of March 4, 1915."
352. Insubordination to be discouraged--Amend this paragraph by striking out the first sentence and replacing it with, "It shall be the duty of all consular officers to discountenance by every means in their power and, where the local authorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner. In all cases where seamen or officers are accused, the consular officer shall inquire into the facts and proceed as provided in section 4583 of the Revised Statutes; and the officer discharging such seamen shall enter upon the crew list and shipping articles and official log the cause of such discharge and the particulars in which the cruel or unusual treatment consisted and subscribe his name thereto officially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and subscribed in the same manner." The remainder of the paragraph stands as it is.
301. Desertion connived at by master--Strike out the end of the second reading, "and that all proper efforts were made to recover and secure the deserter." Sec. 16, Act Mar. 4, 1915.
Paragraph 89, "The right to reclaim deserters" is cancelled.
WOODROW WILSON.
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