APPENDIXES.

APPENDIX A.

PROPOSED LEGISLATION.

Following are bills embodying the recommendations of the foregoing pages with the present status of each:

(a) Free-ship bill (S. 189 reported adversely by Senate Committee on Commerce; H. R. 2666 pending before House Committee on the Merchant Marine and Fisheries). (b) Bill extending application of the act under which the New York and Paris were admitted and the St. Louis and St. Paul were built (S. 188 pending before Senate Committee on Commerce; H. R. 2665 pending before House Committee on the Merchant Marine and Fisheries).

(c) Bill making general amendments to the navigation laws (S. 187 reported favorably by Senate Committee on Commerce; H. R. 2663 passed House of Representatives).

(d) Bill making general amendments to the laws relating to American seamen (S. 2226 favorably reported by Senate Committee on Commerce; H. R. 6399 passed the House of Representatives).

(e) Bill to repeal reciprocal tonnage-tax exemptions and reduce tonnage taxes within geographical limits nearly contiguous to the United States (H. R. 2672 passed House of Representatives).

(f) Bill to remove discriminations against American sailing vessels in the coasting trade-pilotage bill (S. 179 pending before Senate Committee on Commerce; H. R. 2673 defeated in House of Representatives).

(g) Bill concerning sail vessels over 700 tons (S. 180 pending before Senate Committee on Commerce; H. R. 2664 pending before House Committee on the Merchant Marine and Fisheries).

(h) Bill to promote repair work in American shipyards (S. 181 pending before Senate Committee on Commerce; H. R. 2669 pending before House Committee on the Merchant Marine and Fisheries).

(i) Bill to exempt all shipbuilding materials from duties (S. 184 pending before Senate Committee on Commerce; H. R. 2668 pending before House Committee on the Merchant Marine and Fisheries).

H. R. 2666, FIFTY-FOURTH CONGRESS, FIRST SESSION.

[In the House of Representatives, December 23, 1895. Read twice, referred to the Committee on the Merchant Marine and Fisheries, and ordered to be printed.]

Mr. Payne (by request) introduced the following bill:

A BILL to encourage American shipping.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section forty-one hundred and thirty-two of the Revised Statutes be, and is hereby, amended to read:

"SEC. 4132. Vessels belonging wholly to citizens of the United States, and vessels which may be captured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the

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laws of the United States, being wholly owned by citizens, and no others, may be registered as directed in this title, but no foreign-built vessel hereafter admitted to American registry shall be entitled to engage in the coasting trade of the United States."

H. R. 2665, FIFTY-FOURTH CONGRESS, FIRST SESSION.

[In the House of Representatives, December 23, 1895. Read twice, referred to the Committee on the Merchant Marine and Fisheries, and ordered to be printed.]

Mr. Payne (by request) introduced the following bill:

A BILL to encourage American shipbuilding.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of Navigation be, and he is hereby, authorized and directed, upon application by a citizen of the United States or a corporation organized under the laws of the United States or of any State thereof, and upon satisfactory proof that such American citizen or corporation is the owner of a foreign-built vessel, to issue an American register to such vessel: Provided, That such citizen or corporation, before the issue of said register, shall, under regulations to be prescribed by the Secretary of the Treasury, give a bond to the United States, with satisfactory sureties, in a penalty equal to the appraised value of the vessel so purchased, that said American owner will build in American shipyards a vessel or vessels of an aggregate tonnage and value not less in amount than that of the vessel so admitted to registry. No foreign-built vessel registered pursuant to this act shall be entitled to engage in the coasting trade of the United States.

SEC. 2. That this act shall take effect one month after its passage.

H. R. 2663, FIFTY-FOURTH CONGRESS, FIRST SESSION.

[With modifications. See Report.]

[In the Senate of the United States, June 11, 1896, read twice and referred to the Committee on Commerce.]

AN ACT to amend the laws relating to navigation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-five hundred and seven of the Revised Statutes be, and is hereby, amended to read as follows:

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SEC. 4507. The Secretary of the Treasury shall assign in public buildings or otherwise procure suitable offices and rooms for the shipment and discharge of seamen, to be known as shipping commissioners' offices, and shall procure furniture, stationery, printing, and other requisites for the transaction of the business of such offices."

SEC. 2. That on and after June thirtieth, eighteen hundred and ninety-nine, every place appropriated to the crew of a seagoing vessel of the United States except a fishing vessel, yacht, or pilot boat, and all vessels under one hundred tons register, shall have a space of not less than seventy-two cubic feet and not less than twelve superficial feet measured on the deck or floor of that place for each seaman or apprentice lodged therein. Such place shall be securely constructed, properly lighted, drained, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water; and failure to comply with this provision shall subject the owner to a penalty of five hundred dollars. And on and after June thirtieth, eighteen hundred and ninety-nine, every steam vessel of the United States plying upon the Mississippi River or its tributaries shall furnish an appropriate place for the crew, which shall conform to the requirements of this section so far as they shall be applicable thereto, and shall be properly heated. Any failure to comply with this provision shall subject the owner or owners to a penalty of five hundred dollars.

Fishing vessels, yachts, and pilot boats are hereby exempted from the provisions of section one of chapter one hundred and seventy-three of the laws of eighteen hundred and ninety-five, entitled "An act to amend section one of chapter three hundred and ninety-eight of the laws of eighteen hundred and eighty-two, entitled 'An act to provide for deductions from the gross tonnage of vessels of the United States," so far as said section prescribes the amount of space which shall be appropriated to the crew and provides that said space shall be kept free from goods or stores not being the personal property of the crew in use during the voyage.

SEC. 3. That section forty-five hundred and seventy-six of the Revised Statutes be, and is hereby, amended to read as follows:

'SEC. 4576. That the master of every vessel bound on a foreign voyage or engaged in the whale fishery shall exhibit the certified copy of the list of the crew to the first boarding officer at the first port in the United States at which he shall arrive on his return, and also produce the persons named therein to the boarding officer, whose duty it shall be to examine the men with such list, and to report the same to the collector; and it shall be the duty of the collector at the port of arrival, where the same is different from the port from which the vessel originally sailed, to transmit a copy of the list so reported to him to the collector of the port from which such vessel originally sailed. For each failure to produce any person on the certified copy of the list of the crew the master and owner shall be severally liable to a penalty of four hundred dollars, to be sued for, prosecuted, and disposed of in such manner as penalties and forfeitures which may be incurred for offenses against the laws relating to the collection of duties. But such penalties shall not be incurred on account of the master not producing to the first boarding officer any of the persons contained in the list who may have been discharged in a foreign country with the consent of the consul, vice-consul, commercial agent, or vice commercial agent there residing, 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 person dying or absconding or being forcibly impressed into other service, of which satisfactory proof shall be then also exhibited to the collector."

SEC. 4. That section forty-five hundred and forty-one of the Revised Statutes be, and is hereby, amended by substituting the words "circuit court of the circuit" for the words "district judge for the district," and by striking out the words 'district judge" before the word "requires," in the eleventh line, and inserting instead thereof the words "circuit court."

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SEC. 5. That rule eleven of section forty-two hundred and thirty-three of the Revised Statutes, relating to pilot boats, be amended by adding thereto a paragraph as follows:

"Steam pilot boats shall, in addition to the masthead light and green and red side lights required for ocean steam vessels, carry a red light hung vertically from three to five feet above the foremast head light, for the purpose of distinguishing such steam pilot boats from other steam vessels."

SEC. 6. That section forty-five hundred and forty-two of the Revised Statutes be, and is hereby, amended by adding thereto the words "or where he died." SEC. 7. That section forty-five hundred and forty-five of the Revised Statutes be, and is hereby, amended to read as follows:

"SEC. 4545. That a circuit court, in its discretion, may at any time direct the sale of the whole or any part of the effects of a deceased seaman or apprentice which it has received or may hereafter receive, and shall hold the proceeds of such sale as the wages of deceased seamen are held. When no claim to the wages or effects or proceeds of the sale of the effects of a deceased seaman or apprentice, received by a circuit court, is substantiated within six years after the receipt thereof by the court, it shall be in the absolute discretion of the court, if any subsequent claim is made, either to allow or refuse the same. Such courts shall, from time to time, pay any moneys arising from the unclaimed wages and effects of deceased seamen, which in their opinion is not necessary to retain for the purpose of satisfying claims, into the Treasury of the United States, and such moneys shall form a fund for, and be appropriated to, the relief of sick and disabled and destitute seamen belonging to the United States merchant-marine service."

SEC. 8. That chapter ninety-seven of the laws of eighteen hundred and ninetyfive, entitled "An act to amend an act entitled 'An act to amend the laws relative to shipping commissioners,' approved August nineteenth, eighteen hundred and ninety," be, and is hereby, amended by striking out the word "seventh where it occurs in the twelfth line of said act; and that said act be, and is hereby, further amended by inserting therein the words "and forty-six hundred and two"

after the words "forty-five hundred and fifty-four" where they occur in the twenty-eighth line of said act.

SEC. 9. That fees for the entry direct from a foreign port and for the clearance direct to a foreign port of a vessel navigating the waters of the northern, northeastern, and northwestern frontiers of the United States otherwise than by sea, prescribed by section forty-three hundred and eighty-two of the Revised Statutes, are abolished. Where such fees, under existing laws, constitute in whole or in part the compensation of a collector of customs, such officer shall hereafter receive a fixed sum for each year equal to the amount which he would have been entitled to receive as fees for such services during said year.

SEC. 10. That section forty-one hundred and sixty-five of the Revised Statutes be, and is hereby, amended to read as follows:

"SEC. 4165. A vessel registered pursuant to law which by sale has become the property of a foreigner shall be entitled to a new register upon afterwards becoming American property, unless it has been enlarged or undergone change in build outside of the United States."

SEC. 11. That section thirteen of chapter three hundred and forty-four of the laws of eighteen hundred and seventy-four be, and is hereby, amended to read as follows:

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SEC. 13. The Secretary of the Treasury may, upon application therefor, remit or mitigate any penalty provided for in this act, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper. All penalties herein provided may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section forty-three hundred and five of the Revised Statutes."

SEC. 12. That rule fourteen and rule fifteen (A), (B), and (C) of section fortytwo hundred and thirty-three of the Revised Statutes be, and are hereby, amended to read as follows:

Rule fourteen. The exhibition of any light on board of a vessel of war of the United States may be suspended whenever, in the opinion of the Secretary of the Navy, the commander in chief of a squadron, or the commander of a vessel acting singly, the special character of the service may require it. The exhibition of any light on board of a revenue cutter of the United States may be suspended whenever, in the opinion of the commander of the vessel, the special character of the service may require it.

• Rule fifteen. (A) Steam vessels under way shall sound a steam whistle placed before the funnel, not less than eight feet from the deck, at intervals of not more than one minute. Steam vessels, when towing, shall sound three blasts in quick succession repeated at intervals of not more than one minute. (B) Sail vessels under way shall sound a fog horn at intervals of not more than one minute. (C) Steam vessels and sail vessels, when not under way, shall sound a bell at intervals of not more than two minutes."

SEC. 13. That section forty-two hundred and thirty-three of the Revised Statutes be, and is hereby, amended by adding thereto:

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'Rule twenty-five. A sail vessel which is being overtaken by another vessel during the night shall show from her stern to such last-mentioned vessel a torch or flare-up light.

'Rule twenty-six. Nothing in these rules shall exonerate any ship, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case."

SEC. 14. That the Secretary of the Treasury be, and he is hereby, authorized to direct the inspection of any foreign vessel admitted to American registry, its steam boilers, steam pipes, and appurtenances, and to direct the issue of the usual certifi cate of inspection, whether said boilers, steam pipes, and appurtenances are or are not constructed pursuant to the laws of the United States, or whether they are or are not constructed of iron stamped pursuant to said laws. The tests in the inspection of such boilers, steam pipes, and appurtenances shall be the same in all respects as to strength and safety as are required in the inspection of boilers constructed in the United States for marine purposes.

SEC. 15. That section twenty-eight hundred and thirty-four of the Revised Statutes be, and is hereby, amended by repealing the following words therein:

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'The master of any vessel bound to any district in Connecticut, through or by the way of Sandy Hook, shall, before he passes the port of New York and immediately after his arrival, deposit with the collector for the district of New York a

true manifest of the cargo on board such vessel. The master of any vessel bound to the district of Burlington shall, before he passes the port of Philadelphia and immediately after his arrival, deposit with the collector thereof a like manifest; and the collector shall, after registering the manifest, transmit the same, duly certified to have been so deposited, to the officer with whom the entries are to be made; and the."

SEC. 16. That sections twenty-five hundred and seventy, twenty-five hundred and seventy-one, twenty-five hundred and seventy-two, twenty-five hundred and seventy-three, twenty-five hundred and seventy-four, twenty-five hundred and seventy-five, twenty-five hundred and eighty-four, twenty-five hundred and eightyfive, twenty-eight hundred and twenty-four. twenty-eight hundred and thirtyfive, twenty-eight hundred and ninety-seven, forty-one hundred and thirty-three, forty-one hundred and thirty-four, forty-two hundred and thirty-four, fortythree hundred and seven, forty-five hundred and eighty-nine, and forty-five hundred and ninety of the Revised Statutes are repealed.

SEC. 17. That section twenty-seven hundred and ninety-seven of the Revised Statutes be, and is hereby, amended by adding thereto the following words:

Sea stores and the legitimate equipment of vessels belonging to regular lines plying between foreign ports and the United States delayed in port for any cause may be transferred in such port of the United States under the supervision of the customs officers from one vessel to another vessel of the same owner without payment of duties, but duties must be paid on such stores or equipments landed for consumption, except American products."

SEC. 18. That section fifty-three hundred and forty-seven of the Revised Statutes be, and is hereby, amended to read as follows:

"SEC. 5347. Every master or other officer of any American vessel on the high seas, or on any other waters within the admirality and maritime jurisdiction of the United States, who willfully beats or wounds or without justifiable cause imprisons any of the crew of such vessel or withholds from them suitable food and nourishment or inflicts upon them any cruel and unusual punishment, shall be punished by a fine of not more than one thousand dollars or by imprisonment not more than five years, or by both. This section shall apply to the coastwise and foreign trade."

SEC. 19. That article seven of section forty-five hundred and eleven of the Revised Statutes be, and is hereby, amended to read:

"Seventh. Any regulations as to conduct on board and as to fines, short allowances of provisions, or other lawful punishments for misconduct, which may be sanctioned by Congress or authorized by the Secretary of the Treasury not contrary to or not otherwise provided for by law, which the parties agree to adopt." SEC. 20. That this act shall take effect three months after its passage, but sections twelve and thirteen of this act shall not take effect until six months after its approval.

8. 2226, FIFTY-FOURTH CONGRESS, FIRST SESSION.

[With modifications. See Report.]

[In the Senate of the United States, February 24, 1896, Mr. Frye introduced the following bill; which was read twice and referred to the Committee on Commerce.]

A BILL to amend the laws relating to American seamen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-five hundred and sixteen of the Revised Statutes be, and is hereby, amended so as to read as follows:

"SEC. 4516. In case of desertion or casualty resulting in the loss of one or more seamen, the master must ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same grade or rating and equally expert with those whose place or position they refill, and report the same to the United States consul at the first port at which he shall arrive, without incurring the penalty prescribed by the two preceding sections."

SEC. 2. That section forty-five hundred and twenty of the Revised Statues be, and is hereby, amended to read as follows:

"SEC. 4520. Every master of any vessel of the burden of fifty tons or upward, bound from a port in one State to a port in British North America or the West

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