LAWS DEFINING OFFICERS OF MERCHANT VESSELS
Citizenship of officers.
All the officers of vessels of the United States who shall have charge
of a watch, including pilots, shall in all cases be citizens of the
United States. [Metlakahtla Indians excepted by act, March 4, 1907.] (R.
S., 4131.)
The word "officers" shall include the chief engineer and each assistant
engineer in charge of a watch on vessels propelled wholly or in part by
steam; and after the first day of January, eighteen hundred and
ninety-seven, no person shall be qualified to hold a license as a
commander or watch officer of a merchant vessel of the United States who
is not a native-born citizen, or whose naturalization as a citizen shall
not have been fully completed. (May 28, 1896; sec. 1.)
In cases where on a foreign voyage, or on a voyage from an Atlantic to a
Pacific port of the United States, any such vessel is for any reason
deprived of the services of an officer below the grade of master, his
place, or a vacancy caused by the promotion of another officer to such
place, may be supplied by a person not a citizen of the United States
until the first return of such vessel to its home port; and such vessel
shall not be liable to any penalty or penal tax for such employment of
an alien officer. (June 26, 1884; sec. 1; May 28, 1896; sec. 3.)
The President of the United States is hereby authorized, whenever in his
discretion the needs of foreign commerce may require, to suspend by
order, so far and for such length of time as he may deem desirable, the
provisions of law prescribing that all the watch officers of vessels of
the United States registered for foreign trade shall be citizens of the
United States. (Aug. 18, 1914; sec. 2.)
* * * * *
The provisions of law prescribing that the watch officers of vessels of
the United States registered for foreign trade shall be citizens of the
United States are hereby suspended so far and for such length of time as
is herein provided, namely: All foreign-built ships which shall be
admitted to United States registry under said act may retain the watch
officers employed thereon, without regard to citizenship, for seven
years from this date, and such watch officers shall be eligible for
promotion. Any vacancy occurring among such watch officers within two
years from this date may be filled without regard to citizenship; but
any vacancy which may occur thereafter shall be filled by a watch
officer who is a citizen of the United States. * * * (Executive order,
Sept. 4, 1914.)
Watch officers who are not citizens.
Executive order of Sept. 1, 1916:
1. The provisions of the law prescribing that the watch officers of
vessels of the United States registered for foreign trade shall be
citizens of the United States, are hereby suspended so far and for such
length of time as is herein provided, namely: All watch officers now
employed on foreign-built ships which have been admitted to United
States registry under said Act who, heretofore, have declared their
intention to become citizens of the United States and watch officers on
such ships who, within six months from this date, shall declare their
intention to become such citizens shall be entitled to serve on
foreign-built ships so registered until the time shall have expired
within which they may become such citizens under their declarations,
and shall be eligible for promotion upon any foreign-built ship so
registered.
Duration of licenses.
All licenses issued to such officers shall be for a term of five years,
but the holder of a license may have the same renewed for another five
years in the manner prescribed in the rules and regulations of the Board
of Supervising Inspectors: _Provided, however_, That any officer holding
a license, and who is engaged in a service which necessitates his
continuous absence from the United States, may make application in
writing for renewal and transmit the same to the board of local
inspectors, with his certificate of citizenship, if naturalized, and a
statement of the applicant, verified before a consul or other officer of
the United States authorized to administer an oath, setting forth the
reasons for not appearing in person; and upon receiving the same the
board of local inspectors that originally issued such license shall
renew the same and shall notify the applicant of such renewal: _Provided
further_, That no license as master, mate, or pilot of any class of
vessel shall be renewed without furnishing a satisfactory certificate of
examination as to color blindness. And in all cases where the issue is
the suspension or revocation of such licenses, whether before the local
boards of inspectors (of steam vessels), as provided for in section
forty-four hundred and fifty of the Revised Statutes, or before the
supervising inspectors, as provided for in section forty-four hundred
and fifty-two of the Revised Statutes, the accused shall be allowed to
appear by counsel and to testify in his own behalf. (May 28, 1896; sec.
2; Oct. 22, 1914.)
Service during war.
No master, mate, pilot, or engineer of steam vessels licensed under
title fifty-two [R. S., 4399-4500] of the Revised Statutes shall be
liable to draft in time of war, except for the performance of duties
such as required by his license; and, while performing such duties in
the service of the United States, every such master, mate, pilot, or
engineer shall be entitled to the highest rate of wages paid in the
merchant marine of the United States for similar services; and, if
killed or wounded while performing such duties under the United States,
they, or their heirs, or their legal representatives shall be entitled
to all the privileges accorded to soldiers and sailors serving in the
Army and Navy, under the pension laws of the United States. (May 28,
1896; sec. 2.)
Officer's license.
The boards of local inspectors shall license and classify the masters,
chief mates, and second and third mates, if in charge of a watch,
engineers, and pilots of all steam vessels, and the masters of sail
vessels of over seven hundred gross tons, and all other vessels of over
one hundred gross tons carrying passengers for hire. It shall be
unlawful to employ any person, or for any person to serve, as a master,
chief mate, engineer, or pilot of any steamer or as master of any sail
vessel of over seven hundred gross tons, or of any other vessel of over
one hundred gross tons carrying passengers for hire, who is not licensed
by the inspectors; and anyone violating this section shall be liable to
a penalty of one hundred dollars for each offense. [See act June 9,
1910, p. 351.] (R. S., 4438; Dec. 21, 1898; Jan. 25, 1907; May 28, 1908;
sec. 2.)
Every master, mate, engineer, and pilot who shall receive a license
shall, when employed upon any vessel, within forty-eight hours after
going on duty, place his certificate of license, which shall be framed
under glass, in some conspicuous place in such vessel, where it can be
seen by passengers and others at all times: _Provided_, That in case of
emergency such officer may be transferred to another vessel of the same
owners for a period not exceeding forty-eight hours without the transfer
of his license to such other vessel; and for every neglect to comply
with this provision by any such master, mate, engineer, or pilot, he
shall be subject to a fine of one hundred dollars, or to the revocation
of his license. [See act June 9, 1910, p. 351.] (R. S., 4446; Feb. 19,
1907.)
Master's license.
Whenever any person applies to be licensed as master of any steam
vessel, or of a sail vessel of over seven hundred tons, the inspectors
shall make diligent inquiry as to his character, and shall carefully
examine the applicant as well as the proofs which he presents in support
of his claim, and if they are satisfied that his capacity, experience,
habits of life, and character are such as warrant the belief that he can
safely be intrusted with the duties and responsibilities of the station
for which he makes application, they shall grant him a license
authorizing him to discharge such duties on any such vessel for the term
of five years; but such license shall be suspended or revoked upon
satisfactory proof of bad conduct, intemperate habits, incapacity,
inattention to his duties, or the willful violation of any provision of
this title [R. S., 4399-4500] applicable to him. [See act June 9, 1910,
p. 351.] (R. S., 4439; Dec. 21, 1898; sec. 2.)
Mate's license.
Whenever any person applies for authority to be employed as chief mate
of ocean or coastwise steam vessels or of sail vessels of over seven
hundred tons, or as second or third mate of ocean or coastwise steam
vessels, who shall have charge of a watch, or whenever any person
applies for authority to be employed as mate of river steamers, the
inspectors shall require satisfactory evidence of the knowledge,
experience, and skill of the applicant in lading cargo and in handling
and stowage of freight, and if for license as chief mate on ocean or
coastwise steamers, or of sail vessels of over seven hundred tons, or as
second or third mate of ocean or coastwise steamers, who shall have
charge of a watch, shall also examine him as to his knowledge and
ability in navigation and managing such vessels and all other duties
pertaining to his station, and if satisfied of his qualifications and
good character they shall grant him a license authorizing him to perform
such duties for the term of five years upon the waters upon which he is
found qualified to act; but such license shall be suspended or revoked
upon satisfactory proof of bad conduct, intemperate habits,
unskillfulness, or want of knowledge of the duties of his station or the
willful violation of any provision of this title [R. S., 4399-4500].
[See act June 9,1910, p. 351.] (R. S., 444c; Dec. 21, 1898; sec. 3.)
Engineer's license.
Whenever any person applies for authority to perform the duties of
engineer of any steam-vessel, the inspectors shall examine the applicant
as to his knowledge of steam-machinery, and his experience as an
engineer, and also the proofs which he produces in support of his claim;
and if, upon full consideration, they are satisfied that his character,
habits of life, knowledge, and experience in the duties of an engineer
are all such as to authorize the belief that he is a suitable and safe
person to be intrusted with the powers and duties of such a station,
they shall grant him a license, authorizing him to be employed in such
duties for the term of five years, in which they shall assign him to the
appropriate class of engineers; but such license shall be suspended or
revoked upon satisfactory proof of negligence, unskillfulness,
intemperance, or the willful violation of any provision of this Title
[R. S., 4399-4500]. Whenever complaint is made against any engineer
holding a license authorizing him to take charge of the boilers and
machinery of any steamer, that he has, through negligence or want of
skill, permitted the boilers in his charge to burn or otherwise become
in bad condition, or that he has not kept his engine and machinery in
good working order, it shall be the duty of the inspectors, upon
satisfactory proof of such negligence or want of skill, to revoke the
license of such engineer and assign him to a lower grade or class of
engineers, if they find him fitted therefor. [See act June 9, 1910, p.
351.] (R. S., 4441; May 28, 1896.)
Pilot's license.
Whenever any person claiming to be a skillful pilot of steam-vessels
offers himself for a license, the inspectors shall make diligent inquiry
as to his character and merits, and if satisfied, from personal
examination of the applicant, with the proof that he offers that he
possesses the requisite knowledge and skill, and is trustworthy and
faithful, they shall grant him a license for the term of five years to
pilot any such vessel within the limits prescribed in the license; but
such license shall be suspended or revoked upon satisfactory evidence of
negligence, unskillfulness, inattention to the duties of his station, or
intemperance, or the willful violation of any provision of this title
[R. S., 4399-4500]. [See act June 9, 1910, p. 351.] (R. S., 4442; May
28, 1896.)
Master or mate acting as pilot.
Where the master or mate is also pilot of the vessel, he shall not be
required to hold two licenses to perform such duties, but the license
issued shall state on its face that he is authorized to act in such
double capacity. [See act June 9, p. 351.] (R. S., 4443.)
Oath of officer.
Every master, chief mate, engineer, and pilot, who receives a license,
shall, before entering upon his duties, make oath before one of the
inspectors herein provided for, to be recorded with the certificate,
that he will faithfully and honestly, according to his best skill and
judgment, without concealment or reservation, perform all the duties
required of him by law. (R. S., 4445.)
Every applicant for license as either master, mate, pilot, or engineer
under the provisions of this title [R. S., 4399-4500] shall make and
subscribe to an oath of affirmation, before one of the inspectors
referred to in this title, to the truth of all the statements set forth
in his application for such license.
Any person who shall make or subscribe to any oath or affirmation
authorized in this title and knowing the same to be false shall be
deemed guilty of perjury.
Every licensed master, mate, pilot, or engineer who shall change, by
addition, interpolation, or erasure of any kind, any certificate or
license issued by any inspector or inspectors referred to in this title
shall, for every such offense, upon conviction, be punished by a fine of
not more than five hundred dollars or by imprisonment at hard labor for
a term not exceeding three years. (Mar. 23, 1900.)
Removal of master.
Any person or body corporate having more than one-half ownership of any
vessel shall have the power to remove a master, who is also part owner
of such vessel, as such majority owners have to remove a master not an
owner. This section shall not apply where there is a valid written
agreement subsisting, by virtue of which such master would be entitled
to possession, nor in any case where a master has possession as part
owner, obtained before the ninth day of April, eighteen hundred and
seventy-two. (R. S., 4250.)