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22 i MARINE REVIEW AND LICENSED STEAMBOAT OFFICERS. They must answer pertinent questions in trials before Inspectors--Danger of losing licenses not an excusion--Opinion of United States Attorney General. It will be remembered that while the strike of employes of the Great Lakes 'lowing Co. was under. way during the greater part of the present season of navigation on the lakes, the towing company, represented by Attorneys Goulder, Holding & Masten of Cleveland, instituted proceedings against some of the licensed tug men before several of the local boards of steamboat inspec- tors, charging them with having violated the laws under which their licenses were issued and with having subjected themselves to revocation of license. The proceedings before local inspec- tors were suddenly brought to an end by the tug men simply re- fusing to answer questions material to the inquiry, on the ground that their answers might subject them to the penalties of the law. In this they were supported by an opinion from the solicitor of the treasury. Fortunately the strike is at an end and the questions involved do not now interfere with the settlement made between the Great Lakes Towing Co. and its employes, but the attorneys of the towing company, knowing that the inquiry was one of great importance and needed settlement for the 'future, followed the matter up. It was taken before the secre- tary of the treasury and through him submitted to Attorney General Knox. The attorney genera! now reverses the ruling of solicitor of the treasury in the following opinion: Department of Justice, Washington, D. C., Oct. 18, 1902. The secretary of the treasury: Sir--Your communications of Aug. 26 and Sept. 17 submit to me the following facts and questions of law arising thereon, with a request for my opinion: In a certain investigation before United States local inspec- tors of steam vessels, respecting a number of duly licensed pilots and engineers, who, it was alleged by certain vessel owners, had violated section 4449 of the revised statutes, several of these licensed officers refused to answer questions propounded to them, on the ground that their answers might tend to subject them to revocation of their licenses as provided by section 4449, and that to furnish the information called for by the questions would be a violation of their obligation to the protective union of tugmen to which they belong, this organization having issued a strike order which affected the service of licensed pilots and engineers on a large number of steam tugs. It seems that other licensed pilots and engineers, not under investigation but called as wit- nesses, refused to answer questions propounded to them on sim- ilar grounds, some witnesses simply refusing to answer. 'The questions of law arising are as follows: 1. When a licensed officer is duly summoned to give tes- timony before this board (the local board of inspection service) in a hearing, and refuses to answer questions which are in the opinion of the board material and proper, has the board authority to compel answer under penalty of suspension or revocation of the witness's certificate of license, or otherwise? -2. Has the licensed officer who is charged with violating section 4449 of the revised statutes, and is on hearing before this board on such charge, the right to refuse to answer a question material to the inquiry, on the ground that his answer may sub- ject him to the penalty of section 4449? It appears that the solicitor of the treasury, on a reference of the subject by you, has rendered opinions answering the first _. inquiry in the negative and the second in the affirmative. _ The entire plan of government control over this branch of commerce and its instrumentalities, as shown in title LII., revised statutes, is based upon public interest in "the better security of life," justifying the creation of a special government service re- garding the management, havigation and inspection of sea- going vessels and vessels engaged in trade on the great lakes and other waters of the United States. The theory of the matter and the function of the government in protecting the people of this semi-pubiic service require, and the law accordingly imposes, burdens upon vessel owners with corresponding rights or privi- leges, and qualifications or restrictions upon the specially skilled men who navigate and operate vessels. 'These conditions. oper- ating to limit the number of those qualified and licensed, con--- stitute also an advantage to the men actually in the service. Only licensed offigers may be employed (section 4438). Thess correlative burdens and benefits are enforced by a system of penalties ranging from the revocation of licenses and trifling fines to fines clearly penal and imprisonment under those provisions of title LII. which are manifestly criminal. 'The investigations of the boards of inspection cover different aspects of the rela- MARINE RECORD. [Oct. 23, aS <i, kee. HERR, ; : as LOY, ela x We: Pe MOE ZY oN Dp yp LO PSE GY » » lea < = a2 SSE. "~- am =) Ly Cas 4 US rar bite GONG IES hE SL, 127 INAS WS SS Sa Seo ---- ipa, wns Qe sau Ree ALI) pf ee 275 : ee "Va TANG) tions existing and the transactions arising in this maritime and quasi-government service, and may be conducted, as they con- stantly are conducted, upon the government initiative or upon the complaint or suggestions of private parties and vessel owners, And it is apparent that vessel owners themselves, as well as members of the special licensed service, are subject in various contingencies to investigation and possible penalty, more or less. serious, For the crimes and misdemeanors which these laws define--that is, for all the more serious offenses--a regular course of procedure through the criminal courts, or for the re- covery of penalties or forfeitures through judicial proceedings, is provided. And within the jurisdiction of the inspection boards either for arriving at a finding of the real facts as to many different occurrences, in order to inform the administrative arm, or for maintaining the freedom and efficiency of the navigating side of the service by disciplinary and corrective measures, the law provides for appeal and review of the findings or action of the tribunal of first instance (Section 4452; and see also section 5294 as to remission of penalties. ) Thus, that licensed officers constitute a special service, pecu- liarly related to the government, if not of the government, is evident not only from irresistible conceptions drawn from the entire body of these laws, but from such provisions as the "Ack of May 28, 1896, amending section 4131, revised statutes, and adding other provisions. 'This law brings out very clearly the inter-relations of the government, vessel owners, and the skilled men employed aboard vessels, and the way in which benefits and privileges, on the one hand, and burdens and restrictions on the other, interdepend among the different interests, by the re- quirements that a vessel shall be wholly owned by a citizen of the United States or by a corporation created under the laws of a state, shall be commanded by a citizen of the United States, and that all watch officers, including engineers and pilots, shall be native born or fully naturalized citizens; and by their exception from liability to draft in time of war, and by the right of pen- sion conferred, based upon the duties performed under' the license in the military service of the United States. Conse- quently, in whatever way investigation of owners or employes may atise, since full opportunity for review of administrative pro- ceedings and action is given, and the more serious charges must go to judicial trial, the suggestion is reasonable and logical that no other allegiance of owners to possible associates, or of licensed men to labor organizations, can interfere with the differ- ent measures of control over them, respectively, justly exercised by the government. Passing on, then, from this review of the policy and general meaning of the law, we take up the exact question presented as to the right of licensed officer to refuse to answer questions put to him in tne course of a regular investigation by a board of inspecters, on the ground that he may thereby subject himself to penalty by way of revocation or suspension of his license. Section 4449, revised statutes, provides that "if any licensed officer shall, to the hindrance of commerce, wrongfully or unrea- sonably refuse to serve in his official capacity un any steamer, as authorized by the terms of his certificate of license, or shall fail to deliver to the applicant for such service at the time of such refusal, if the same shall be demanded, a statement in writing assigning good and sufficient reasons therefor, or if any pilot or engineer shall refuse to admit into the pilot house or engine room any person whom the master or owner of the vessel may de- sire to place there for the purpose of learning the profession, his license shall be revoked, upon the same proceedings as are provided in other cases of revocation of such licenses." The local boards of inspectors are directed by congress to "investigate all acts of incompetency or misconduct committed by any licensed officer while acting under authority of his license, and shail have power to summon before them any witnesses within their respective districts, and compel their attendance by a simi- lar process as in the United States circuit or district courts; and they may administer all necessary oaths to any witnesses thus summoned before them; and after reasonable notice in writing given to the alleged delinquent, of the time and place of such investigation such witnesses shall be examined, under oath. touching the performance of his duties by any such licensedi officer ; and if the board shall be satisfied that such licensed officer is incompetent, or has been guilty of misbehavior, negligence or unskillfulness, or has endangered life, or wilfully violated any "provisions of this title, they. shall immediately revoke or, sus- pend his license (section 4450)." Under section 4445 every licensed officer must make oath N