ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Polarus Steamship Co., 30 Broad Street, New York, N. Y.

1. Charter-hire payments to owners of vessels (not under Merchant Ship Sales Act of 1946): Estimated accruals, May 1, 1941Dec. 31, 1948__

[blocks in formation]

$0

[blocks in formation]

Smith & Johnson Steamship Corp., 60 Beaver Street, New York 4, N. Y.

1. Charter-hire payments to owners of vessels (not under Merchant Ship Sales Act of 1948): Estimated accruals, May 1, 1941, to Dec. 31, 1948-

2. General agency fees:

$0

[blocks in formation]

2,091, 032. 67

Total, Jan. 1, 1942, to Dec. 31, 1948--.

3. Payments for purchase of ships:

From May 1, 1941, to Dec. 31, 1948:

Payments for vessels purchased (including trade

[blocks in formation]

T. J. Stevenson Co., Inc., 80 Broad Street, New York, N. Y.

1. Charter-hire payments to owners of vessels (not under Merchant Ship Sales Act of 1946): Estimated accruals, May 1, 1941-Dec. 31, 1948

[blocks in formation]

$0

2, 071, 284. 25

0

2,071, 284. 25

United States Navigation Co., Inc., 17 Battery Pl., New York, N. Y.

1. Charter-hire payments to owners of vessels (not under Merchant Ship Sales Act of 1946): Estimated accruals, May 1, 1941, to Dec. 31, 1948__

2. General agency fees:

Jan. 1-Dec. 31, 1942.
Jan. 1-Dec. 31, 1943.
Jan. 1-Dec. 31, 1944.

Jan. 1-Dec. 31, 1945

Jan. 1-Dec. 31, 1946.

$0

$35, 027.97

432, 131, 95

434, 131. 73

552, 374. 34

1, 453, 665. 99

Jan. 1-Dec. 31, 1947.

Jan. 1-Dec. 31, 1948_.

351, 065, 12
125, 905. 16
0

476, 970. 28

[blocks in formation]

West India Steamship Co., 26 Beaver St., New York 4, N. Y.

1. Charter-hire payments to owners of vessels (not under Merchant Ship Sales Act of 1946); estimated accruals, May 1, 1941, to Dec. 31, 1948_.

2. General agency fees:

Jan. 1-Dec. 31, 1942.
Jan. 1-Dec. 31, 1943.

Jan. 1-Dec. 31, 1944.
Jan. 1-Dec. 31, 1945-

$0
25, 708.92

206, 996. 76

309, 127. 81

541, 835, 49

$593, 075. 38

Jan. 1-Dec. 31, 1946-
Jan. 1-Dec. 31, 1947.
Jan. 1-Dec. 31, 1948-

Total, Jan. 1, 1942, to Dec. 31, 1948__.

3. Payments for purchase of ships:
From May 1, 1941, to Dec. 31, 1948:
Payments for vessels purchased (including
trade-ins)

Payments for vessels requisitioned for title_
Payments for lost chartered vessels----

Total, May 1, 1941, to Dec. 31, 1948.

Total, item Nos. 1 to 3__

The CHAIRMAN. Any further questions?
Does anyone else want to ask any questions?

262, 798.91

52, 159. 29

4,755. 00

319, 713. 20

861, 546. 69

Have you you finished your testimony, Mr. Dow?

Mr. Dow. Yes, sir, I have.

The CHAIRMAN. All right. Thank you very much.
Mr. Dow. Thank you.

The CHAIRMAN. Mr. O'Neill?

$0

0

1, 454, 622. 07

STATEMENT OF RICHARD R. ELY, CHIEF, PHILIPPINE DIVISION, DEPARTMENT OF STATE, WASHINGTON, D. C.

Mr. ELY. Mr. O'Neill had to leave. He had another appointment. But I am here representing the Deparment of State.

The CHAIRMAN. Mr. Ely?

Mr. ELY. Yes.

The CHAIRMAN. All right. Mr. O'Neill I wanted here on that Philippine matter.

Mr. ELY. Yes. He asked me to explain to you that he had another appointment.

My name is Richard R. Ely, Chief of the Philippine Division of the Department of State. I am here solely in connection with the proviso at the end of House Joint Resolution 92, which has to do with the chartering of vessels in the Philippines.

The Department of State on January 19, wrote a letter to the chairman of this committee, which I believe is already in the record, urging

that some action of this kind be taken. I would like very briefly to run through that letter.

MY DEAR MR. BLAND: It is my understanding that your committee will shortly consider the extension or amendment of Public Law 423 of the Eightieth Congress. If that information is correct I express the hope that the committee will take some action to correct what was, in effect, a purely inadvertent amendment of section 306 of the Philippine Rehabilitation Act of April 30, 1946 (60 Stat. 37). Section 1 of Public Law 423 prohibits the Maritime Commission from chartering any war-built vessels to any person who is not a citizen of the United States. This provision is in conflict with section 306A of the Philippine Rehabilitation Act of 1916, as amended, which provides:

"In order to restore and improve interisland commerce in the Philippines, notwithstanding the provisions of any existing law, the United States Maritime Commission is authorized to charter under such terms and conditions (including nominal rates of charter hire) vessels suitable for operation in the interisland commerce of the Philippines to individuals, corporations, or cooperatives or other forms of business organizations in the Philippines if the Commission determines that they possess the ability, experience, financial resources, and other qualifications, necessary to enable them to operate and maintain the vessel in the interisland commerce in the Philippines: Provided, That any charter entered into under the authority of this section shall contain a provision requiring that the vessel shall be operated only in the interisland commerce in the Philippines." When the President approved Public Law 423 he issued a public statement taking note of this situation in the following language:

"Section 1(b) of this joint resolution contains a provision which prohibits the Maritime Commission from chartering any war-built vessel to any person who is not a citizen of the United States. While there are a number of reasons why I believe that this provision is not desirable, I wish to now refer particularly to only one of them.

"That is its effect in terminating the authority of the Maritime Commission to charter vessels to Filipinos for use in interisland commerce in the Philippines. That authority is contained in the Philippine Rehabilitation Act of April 30, 1946. "I feel sure that the Congress did not intend to terminate that authority by the provision in question. Consequently, I hope that the Congress will take speedy action to restore the authority to charter vessels under the Philippine Rehabilitation Act."

Shortly before Public Law 423 went into effect the Maritime Commission had renewed the charters of certain vessels in the Philippines for the period of 1 year, but these charters are due to expire on February 28, 1949. After Public Law 423 went into effect the Department endeavored to get amendatory legislation in line with the President's suggestion but was not able to present it to the Congress in time to have it given adequate consideration.

Our Embassy at Manila has strongly urged that some action be taken to correct this situation. In a telegram, dated January 5, 1949, the chargé at Manila said:

"Action requested soonest either through favorable interpretation existing laws or by legislative enactment prior expiry date. Question is whether we can afford politically or economically to permit sudden withdrawal interisland charters undertaken under Rehabilitation Act. These charters account for 31,000 out of 79,000 gross tons of Philippine interisland shipping. Continued use this service necessary to maintain normal coastwise movement essential commodities particularly copra, abaca, and lumber."

It will be recalled that the Philippine Rehabilitation Act specifically required that these charters must contain a provision that the vessels be used in interisland commerce. The Philippine interisland fleet by bringing Philippine products to Philippine ports of entry for shipment abroad serves as a feeder for oceangoing shipping and plays an indispensable role in the Philippine economy. It is realized that the question of chartering United States ships to foreigners is a highly controversial issue, but in this case such charters were specifically authorized by the Philippine Rehabilitation Act to assist in the restoration of the Philppine merchant marine which had been wholly destroyed during the war. This was a part of a comprehensive program for rehabilitation which the Congress authorized for the Philippines. As the President stated, it does not seem that the Congress intended to amend the Philippine Rehabilitation Act, but did so inadvertently. Unless some action is taken to correct this situation, the

restoration of normal economic conditions in the Philippines, to which this Government has contributed so much time, money, and effort, will be seriously retarded.

I recommend, therefore, that in considering any further legislation on this subject, or any amendment to Public Law 423, some language be inserted which would make clear that the provisions of the law are not applicable or intended to modify section 306 of the act of April 30, 1946.

The Department has been informed by the Bureau of the Budget that there is no objection to the presentation of this project to the Congress for its consideration.

Sincerely yours,

CHARLES E. BOHLEN, Counselor,
(For the Secretary of State.)

I believe that it is our feeling that the proviso which has been inserted at the end of House Joint Resolution 92 would comply with the request made in that letter.

Mr. O'Neill was here this morning and this afternoon, and he wished to appear and endorse this proposal. He had to leave, and asked me to state that he thoroughly concurred.

The CHAIRMAN. We will meet in the morning, if he desires to be heard.

Is that all? Are there any questions?

Mr. HART. I am wondering what happened as a result of the attaché's suggestion that a favorable interpretation of the law be made.

Mr. ELY. Well, the law is pretty clear, the lawyers all felt. I am not a lawyer, sir.

Mr. HART. Was it too favorable for the State Department to contravene?

Mr. ELY. I do not believe, sir, that it is a question for the State Department. The administration of this law, I believe, sir, comes under the Maritime Commission, and they felt the law clearly said they could not charter to aliens. And some of the people who were operating in the interisland trade were formerly American nationals, but are not now citizens.

Mr. HART. During the past year, no Philippine citizens have been chartering vessels for interisland commerce?

Mr. ELY. None have been chartered. The charters which were put into effect prior to the enactment of the law last year have been in effect, but they are about to expire and apparently cannot be renewed.

The CHAIRMAN. My recollection is that there was some amendment in some bill that we had, that passed the House and failed to pass the Senate.

Mr. WEICHEL. That is what I understood at one time.

The CHAIRMAN. But this covers the situation which we took care of last year. However, the bill got through the House and failed to pass the Senate.

Mr. ELY. I think that is true. I know we were not able to get it through.

Mr. WEICHEL. But the Philippine interisland trade has not been hampered by the passage of this law as to sales to foreigners. Mr. ELY. As yet.

Mr. WEICHEL. Because your charters were still in existence and were beyond the time, even, covered in the law; were they not?

« ÀÌÀü°è¼Ó »