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19c2.] _ MARINE REVIEW AND MARINE RECORD. eee FROM THE CHIEF OF THE MASTERS AND PILOTS. The decision of the United States attorney general as to what is required of licensed officers of the steamboat inspection service in investigations before local boards of that service has stirred up the officers of the American Association of Masters and Pilots. Grand Captain John C. wilva of that organization sends the Review an extended communication on the subject. The decision was the outgrowth of litigation attending the re- cent strike of tug men on the great lakes and was published in full in these columns Oct. 23. Capt. Silva says: Editor Marine Review :--Having carefully read the treasury decision in Vol. 5, No. 43 of "Treasury Decisions, I must say that it is now nearly time that the licensed steamboat officer be- | gan to wake up to te situation that confronts him; to realize that he has none of the richts that are conferred on other citi- zens. of this: great and glorious country. He should be careful of obligations and oaths taken in any of the organizations of which he is a member, for if any corporations that mhy employ him care to do so, they may, upon preferring charges to local in- spection boards, compel him to divulge information he has sworn to conceal within his bosom, or suffer the penalty of sus- pension or revocation of license. With the local board the ques- tions must simply be material to the inquiry. 'This is the decis- ion of the attorney general of the United States, who has just reversed a contrary opinion by the solicitor of the treasury. The attorney general is now at work on an anti-trust bill. 'This would seem like rather disagreeable business for the honorable gentle- man, as in rendering the decision regarding licensed steamboat officers he has clearly laid out a course for trusts to do as they please. He has even made the handline of the licensed officer cptional with the local inspectors, and the-trusts also, for the questions usually asked durine trials of the kind involved in the case are put into the mouths of local inspectors by the legal repre- sentatives of the accusers. In the case that brought out this decision a one-sided trial was conducted. Lawyers for one of the mest powerful trusts on the great lakes used every means in their power to compel the accused licensed officers to divulge the secret work of their organization--the obligations taken when they became members. 'The licensed officers flatly refused to do this and the result was the appeal to the solicitor of the treasury and afterward to tae secretary of the treasury, or rather the attorney general, when the opinion of the solicitor was not found satisfactory. 'The first question was: "When a licensed officer is summoned to give testimony be- fore this board (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 to under penalty of suspension, or revocation, of the wit- ness's certificate of license or otherwise?" The solicitor of the treasury replied to this question in the negative. When an appeal was made later to the secretary of the treasury, the decision was reversed by the attorney general of the United States, who answered yes, and thus we have the treasury decision that is the subject of this communication. The second question asked by the trust lawyers of Cleveland was: stas a licensed officer who is charged with violating sec-. tion 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?" 'The reply of the solicitor of the treasury to this question was yes, but following the appeal to the secretar-- of the treasury the solicitor was re- versed in this regard also, the attorney general saying no in the treasury decision under discussion. In the early part of the explanation offered by the honorable attorney general for his findings he says: "The entire plan of government control over this branch of commerce and its instru- mentalities, as shown in title 52 revised statutes, is based on public interest in the better 'security of life,' justifying the crea- tion of a special governmient service regarding the management, navieation and inspection of sea-going vessels and vessels en- gaged in trade on the great lakes and other waters of the United wotates, et, efG . The case in hand did not apply to passenger steamers, where the "security of life" was essential or necessary. Tug boats were the type of steamers under consideration. Only in rare cases are these vessels allowed to carry passengers for hire, and usually this is allowed under a special permit limiting the num- ber. As I interpret the law, these craft must, therefore, carry the equipment necessary to meet the regular passenger steamer requirements as to life saving apparatus, etc., for the number of passengers allowed, but I will venture to say that not 20 per cent. of the boats sc specially licensed are equipped as the law re- quires; and so we fail to see where any of the conditions tend to limit the number of those qualified and licensed to the advan- tage of the men actually in the service. : Now as to the provisions of section 4449, revised statutes. It- would seem that it has been possible to so construe the law that the licensed officer must serve under his license whether the relations between his employer and himself are satisfactory or not. It would seem also that "hindrance to commerce" will be defined by the legal representative of the owners, or the local inspectors, regardless of what might be said in favor of the licensed officer, who, owing to his peculiar calling is unused to argument and oftimes as helpless as a child in the hands of men who are professionals in this line. The decision also says that "the authorities holding that a witness may refuse to answer a question that would expose him to a penalty or forfeiture appear to be mainly in cases involving violations of penal statute and ~ that section 4449 is a remedial and not a penal statute" But before hearing this we are told that "local inspection boards are created courts and as such they have certain power, etc., etc." It would seem, therefore, that the licensed officer summoned to appear before a court composed of local inspectors must an- swer all questions on the claim that the revocation of his license is not a penalty or a forfeiture; it is merely taking away from him the means of obtaining his bread and butter--a remedial statute ! ts It was suggested by the solicitor of the treasury in his opinion dated June 9, 1902, that on the trial of a licensed officer before the board for the violation of section 4449, questions might be put which, if answered, would disclose facts showing that the officer had incurred a penal liability, for which he was liable to indictment and punishment, as under section 4437, revised stat- utes, in such a case the officer would be entitled to refusal to an- swer. But we are told in the "revised" decision that this "has -- nothing to de with the present inquiry, which is confined to re- fusal on the ground that the officer may be subjected to the pen- alty of suspension or revocation of his license.' From this it would seem to me that when the revocation of license is the issue, the forfeiture should be evident to local inspectors, but as it frequently happens the influence of the legal thought is the governing factor and the licensed officer the only sufferer. Let me refer to a few lines from a letter recently published by James A. Dumont, supervising inspector-general of steam vessels. 'I'he efficiency of this service," he says, "is excelled in no other country, and I quote no less authority than the naval officers of America." This may not be the exact language but -- it is substantially correct, and I believe the statement is true. Has not the licensed officer some part in this efficiency, or is he made up of such poor material that he cannot receive, when on -- trial so seriously affecting his means of obtaining livelihood, the same privileges that other citizens receive? Is he to suffer this loss because he voluntarily offered himself for examination at the office of one of the local inspection boards, successfully passed their examination and obtained his license? Is not the license evidence in itself that this same board pronounced him qualified and worthy? I believe that the local inspectors have jurisdiction over that license only while the holder is actively engaged under it, and it is not compulsory that the license be in continuous ser- vice, as circumstances over which the holder of it has no control often compel him to. seek other service in order that he may be employed. : he time is not far distant, I think, when it will be found necessary to so change the rules of this very important-service that nothing short of a total revision will accomplish the neces- sary result. : Joun C. Sttva. _ Boston, Nov. 13, 1902. A BEAUTIFUL BIT OF ADVERTISING. Whenever the Safety Car Heating & Lighting Co. of New York does anything in the printing line it can be depended upon to be well done. Its latest catalogue, entitled "Pintsch System of Car and Buoy Lighting," is no exception. 'The cover is beau- tiful in its simplicity. It represents a male. figure bearing an olive branch and crowned with the laurel wreath of victory, while in the distance is a solitary star of light. Its meaning is probably to typify the peaceful conquest of the problem of light. The book is printed in two colors--black and yellow. 'The cat-- alogue recounts the history of the development of the Pintsch system of lighting, with special reference to the United States. It is illustrated with photos of the branch plants of the com- pany which have been established for the purpose of storing gas. Of course the big business is with the railways but the use of the system in aiding navigation is not inconsiderable. 'There are now throughout the world about 1,250 Pintsch gas-lighted buoys, A recent invention of the American company in this marine field is the automatic Pintsch gas-lighted bell buoy. 'The advantages of this buoy over the ordinarv bell buoy are readily apparent to most navigators. In the case of the old-fashioned buoy the sounding of the bell signal was dependent upon the movement of the water, and as it is well known that when a fog prevails the sea is usually calm, little reliance can be placed upon the old- style buoy for sounding a warning. In the case of the Pintsch buoy a fixed cr flashing light is shown, and the gas passing from the body of the buoy, which forms the receiver for the gas, up into the burner is led through an ingenious mechanical device which sets in motion the ringing mechanism of the bell. The English Pintsch company has recently .equippe1 an automatic lightship with this device. This ship has been stationed on the west coast of Scotland at the Otter rock, near Islay. There are about seventy Pintsch buoys in use on the great lakes. The Atlantic liner City of Rome, built at Barrow, of iron in 1881 for the Inman Line, but never taken over by that company, is at last to meet with a melancholv end. She has since her re- jection by the Inman Line been utilized by the Anchor Line for summer service, spending her winters in ordinary at Greenock. Now the twin-screw Columbia is to displace her. The City of Rome has just been sold to Amsterdam parties for $85,000 for breaking up purposes.