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URREUETITUUTULUUUUECCGEUOAUUUUAUOLLATETEEEL ATLL Harry F. Sailor Dies TUTNUUEYUUCUTACOUL SUNT ECOUTEUATE EDULE EEUU Harry F. Sailor, manager of the Welin Davit & Boat Corp., Long Island City, N. Y. died suddenly of heart failure on July 1 at his home in Little Neck, N. Y. He was born in Penns Grove, N. J., about 54 years ago and came of old American stock, his early forbears being among the _ first white settlers of Delaware. From his grandfather who was a well known boat builder he learned the rudiments of the laying down And the building of wooden boats. He then entered Wm. Cramp & Sons Ship & Engine Building Co. as an appren- tice and became a master boat build- er and foreman of the shop. Early in 1912 he came to the Welin Davit, Lane & De Groot, Co., Vernon avenue Long Island city, N. Y. to take charge of the plant. All types of metallic and wooden life boats and smaller power boats of both wood and steel were turned out by this company and its successors under’ Harry Sailor’s supervision. The well known Welin mechanical davit for lift boats was another product of this plant as were also life rafts, balsa life buoys, floats and other equipment used for saving life aboard ship. Harry Sailor was beloved by all who knew him and he had a wide acquaintanceship among ship builders and steamship men. His loss will be keenly felt both personally and in a professional way for he was a lead- ing practical exponent of life saving equipment in the United States. The Forest City Steamship Co., Cleveland, has announced the appoint- ment of Gorden B. Houseman as man- ager to fill the position held by Capt. F. A. Bailey who resigned. Compensation Given Harbor Workers compensation for injuries’ to longshoremen and other harbor workers while working on board ves- sels in harbor has been secured after efforts extending over more than ten years. Up to this time such workers, numbering several hundred thousand, have been in a very anomalous posi- tion. A longshoreman if injured on the dock received the benefits of the state compensation law, but if in- jured on the boat or in connection therewith his only redress was to sue under the so-called admiralty law, or under the common law where that law was competent to give a remedy, with consequent delay and_ uncertainty. Earlier attempts to remedy this situ- ' ation were made by congress in 1917 and 1922 by amending the judicial code so as to confer the benefits of the local state compensation act in any given case to a harbor worker injured on a vessel, but both of these attempts were declared unconstitu- tional by the courts. B: ACT of the recent congress, Certain Exceptions Noted The new act (approved March 4, 1927) covers harbor workers. of all kinds, other than the master or mem- bers of the crew. It thus applies primarily to longshoremen, engaged in loading and unloading vessels, but also to more than a score of crafts or trades such as machinists, boiler makers, carpenters, plumbers, paint- ers, upholsterers—whose work. is called for on an extensive scale in modern vessels. While the enactment of this statute must be regarded as a most desirable achievement, much regret is felt in some quarters over the failure to make the act cover the entire job of loading and unloading, with its con- Reprinted from the April issu f Monthly Labor Review. se sees 36 stant fluctuations of status from state to maritime coverage, and the diffi- culty of determining just at what point the change takes place. The power of congress to regulate com- merce is undoubtedly available to make legislation covering the trans- actions on the dock and the bridge no less certain than its control over maritime affairs authorized by the enactment of the statute in its exist- ing terms. The act includes injuries “occurring upon the navigable waters of the United States (including any dry dock),”’ the purpose being to cover cases in which “workmen’s compen- sation proceedings may not validly be provided by state law.” In _ other words, it is intended to meet state laws at the point where they cease to function on account of maritime or admiralty jurisdiction, and care for the much-buffeted and vaguely de- fined maritime worker other than the crews of vessels. Definitely excluded are ‘a master or member of a crew of any vessel, or any person engaged by the master to load or unload any small vessel under 18 tons net.’ Not only accidental injuries and death due thereto are included, but also occupa- tional diseases and infections arising naturally out of the employment or naturally or unavoidably resulting from accidental injury. Injuries caused by the wilful act of a third person directed against an employee because of his employment are cov- ered, but those due solely to the in- toxication of the employee or his wil- ful intention to injure or kill himself or another are excluded. Seamen Are Not Included Seamen proper were omitted due to their own insistence as _ expressed through their organization. The statute is compulsory in _ its MARINE REVIEW—August, 1927 application to employers and em- ployees within its scope, and pay- ments of the prescribed benefits must be secured by insurance or satisfac- tory proof of financial ability to make the required payments, followed by authorization from the administrative commission to pay such compensation directly. The liability under the act is exclusive, neither the injured work- man nor his legal representative, next of kin, or anyone otherwise entitled being permitted to proceed in an ac- tion for damages unless the employer has failed to secure the payment of compensation as required by the act. Administered By Commission A waiting time of seven days is prescribed, to be compensated for if disability lasts more than 49 days. The maximum weekly benefit is $25 and the minimum $8, or actual wages if less than $8. Medical, surgical, and other attendance and treatment, hos- pital services, medicine, and apparatus as the nature of the injury may re- quire are to be supplied. Benefits for disability or death may not ex- ceed in any one case the sum -of $7500. There is a schedule of benefits for permanent partial disability, with provision for extension if healing re- quires a longer period than the pe- riod fixed in a separate provision of the act. Total disability is compen- sable during its continuance, and death benefits are payable until the remarriage of the spouse or the at- tainment of eighteen years of age by children. The percentage of wages payable is 66-2/3. It is obvious that cases of prolonged total disability and dependency may be affected by the maximum total allowance of $7500. The act is to be administered by the United States Employees’ Com- pensation commission, but immediate- ly by deputy commissioners who con-