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February, 1910 IN AID OF COASTWISE SHIP- PING. Section 4347 of the United States revised statutes provides that: No merchandise shall be transported under penalty of forfeiture thereof, from one port of the United States to another port of the United States in a vessel belonging wholly or in part to a_ subject of any foreign country. By the act of Feb. 17, 1898, the fore- going was amended to read as follows: That no merchandise shall be transported by water under penalty of forfeiture thereof, from one port of the United States to another port of the United States, either directly or via a foreign port, or for any part of the voyage, in any other vessel than a vessel of the United States. The famous opinion by former At- torney General Bonaparte, upon which the government justifies its action in transporting naval coal from the At- 'lantic coast to the Pacific coast, and from Atlantic coast ports to Porto Rico, is, after quoting certain authori- ties, as follows: The sovereign authority of the country is not bound by the words of a statute unless named therein. If, therefore, there had been nothing in the language of this statute to in- dicate whether it was or was not intended to apply to merchandise owned by the United States, the rule of construction to which I have referred would require that it be held rot to have such application. Fortified by this opinion, the navy department has transported hundreds of thousands of tons of naval coal in foreign ships, to the exclusion and damage of American shipping, because of the somewhat lower rates obtaina- ble. In order to rectify this condition, the following joint resolution has been Boe introduced by Congressman Hayes, of California. Joint Resolution No. 129. To provide for the transportation by sea of men, material, stores and equip- ment for account of the United States, 'and of material, stores and equipment for use in the construction or main- tenance of the Panama canal. Resolved by the Senate and House of Representatives of the United States in Congress assembled: That hereafter the transportation by sea of (a) materials, stores and equip- ment for the use of the army or navy of the United States: of (b) the forces of the United States; of (c) materials, stores and equipment from the United States for use in the construction of the Panama canal and (d) of all ma- terial and equipment for use in con- struction or maintenance of fortifica- tions, harbors, navy yards, naval sta- tions or other works for account of the United States, shall be. restricted to vessels of the United States, and no others, and such _ transportation, when time will permit, shall be fur- nished by contract, after proper ad- vertisement, by the lowest bidder com- plying with the requirements of the United States. 'derive their "TAE. Marine REVIEW The resolution needs no justification. That a law which binds and applies to every citizen of the United States and to every alien doing business here does not apply to the government it- self is so absolutely at variance with all good sense; is so perfectly ridicu- that it tional sanity. is a Yellection. on na- One finds difficulty in avoiding the conclusion that a loop- lous, hole of escape is. only found after patient search prompted by desire. Only a so-called "legal mind" is capa- ble of thedelicate differentiation, es- pecially under a republican form ot government, which is the people itself. Possibly under a monarchial form the distinction might hold, sincé the titular head, the king, is an entity in him- self, though some of them have lost their heads for insisting upon it. One of the clauses of the Declaration of Independence sets forth that "the governments of all civilized peoples just powers from the consent of the governed;" how then can the United States possess powers superior to those which the source of 'Ehere who will subscribe to power has decreed for itself? is no citizen such a doctrine. Mr. -Hayes: most carefully drawn and its words resolution has been well chosen in order to close the loophole which Mr. with his subtle brain and microscopic eye. Bonaparte, discovered for the convenience of the navy department, and which the war department are likewise taking ad- vantage of, TRANSFER OF HYDROGRAPHIC WORK. There is a movement on foot in Washington to transfer a very im- portant part of the work of the Hy- drographic office to the agricultural department which is being strenuous- ly opposed by marine interests. The notice to mariners, published weekly, the pilot chart of the great lakes and the Hydrographic bulletin certainly should be prepared by men having a knowledge of conditions existing on board ship. It certainly seems folly to turn it over to a department not having any training in that line. Lake vessel interests have already registered a protest against the proposed trans- fer, which appears to be advocated by the weather bureau. NAVY COAL SITUATION. The following letter from George F. Thorndyke to Congressman H. C. Loudenslager contains a fair resume of the latest development of the navy coal situation and is very interesting: Jan. 14, 1910. Hon. H. C. Loudenslager, House of Representatives, Washington, D.C. Dear Sir I am in receipt of a pamphlet (No. 10), same 'being statement of Pay- master General Eustice B. Rogers, be- fore the Committee of Naval affairs under date of Monday, Dec. 13, 1909. As I have corresponded with you here- tofore in regard to the vexing sub- ject of transportation of Pocahontas coal to the Pacific coast in steamers of foreign ownership and dismissed by the charterers, the United States Navy, here, I now take the liberty of again addressing you because I find that your interrogations of Paymas- ter General Rogers denoted interest in the subject on your part, which showed apparently that you are friend- ly to the' shipping interests of this coast. I find that.on page 328 of the statement herein referred to, . that Paymaster Rogers made a quotation with regard to the requirements for the shipment of supplies for the Army and Navy (and especially coal) in American bottoms. Following is the quotation: e "Resolved, that no greater charges be made by such vessels for transpor- tation of the articles for use of the army and navy than are made by such vessels for the transportation of like goods for private parties." It would have been a good thing, it seems to me, to have had it included in the record immediately after Mr. Rogers offered quotations, what rates of freight. on cargoes. of bulk coal is customarily paid by private parties chartering American vessels for voy- age from the Atlantic to the Pacific coasts. For your information I would 'state, that the rate varies from $3.50 to $8.00 per ton. The most recent charter for similar business was the J. L. Luckenback with bulk coal con- signed to the Pacific Coast Coal Co. of San Francisco and this city. The Naval committee can easily ascertain the customary rates from either the Western Fuel Co. of San Francisco, the Pacific Coast Coal Co. or the Cum- berland Coal Co, of this city, who at regular periods purchase cargoes of coal on the Atlantic for consumption here. To be perfectly fair with American shipping, if the government's