BETWEEN CITIZENS OF THE DISTRICT OF COLUMBIA, HAWAII, AND ALASKA, AND ANY STATE OR TERRITORY APRIL 9 (legislative day, APRIL 8), 1940.—Ordered to be printed Mr. NEELY, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 8822] The Committee on the Judiciary, in pursuance of an order of reference made March 19, 1940, have considered the bill (H. R. 8822) to extend original jurisdiction to district courts in civil suits between citizens of the District of Columbia, the Territories of Hawaii and Alaska, and any State or Territory, and report it with the recommendation that it be passed. The change in existing law which the bill is designed to make is indicated by the italics in the following section: Judicial Code, section 24, amended, paragraph 1 (U. S. C., title 28, sec. 41). The district courts shall have original jurisdiction as follows: First. Of all suits of a civil nature at common law or in equity, brought by the United States, or by any officer thereof authorized by law to sue, or between citizens of the same State claiming lands under grants from different States; or, where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of $3,000 and (a) arises under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or (b) is between citizens of different States, or citizens of the District of Columbia, the Territory of Hawaii or Alaska, and any State or Territory, or (c) is between citizens of a State and foreign States, citizens or subjects. O 76TH CONGRESS 3d Session } SENATE { REPORT No. 1400 HOURS OF WORK OF LICENSED OFFICERS AND SEAMEN ON TUGS OPERATING IN CERTAIN INLAND WATERS OF THE UNITED STATES APRIL 9 (legislative day, APRIL 8), 1940.-Ordered to be printed Mr. OVERTON, from the Committee on Commerce, submitted the following REPORT [To accompany S. 2305] The Committee on Commerce, to whom was referred the bill (S. 2305) relating to hours of work of licensed officers and seamen on tugs operating in certain inland waters of the United States, having considered the same, report favorably thereon with amendments, and, as so amended, recommend that the bill do pass. The first amendment is on page 2, line 5, of the bill: After the word "eight" insert the word "consecutive". The second amendment is to insert a period after the word "day", in the same line. In lines 5, 6, and 7 strike out the words "and such work shall be performed within a period of time not exceeding nine consecutive hours". These amendments are indicated in the bill as reported in italic and linetype. The Department of Commerce in the attached letter expresses no opinion on the bill, but invites attention of the committee to the effects of its passage. A letter from the United States Maritime Commission follows, which states the vessels affected have no connection with vessels under the jurisdiction of the United States Maritime Commission. DEPARTMENT OF COMMERCE, Hon. JOSIAH W. BAILEY, United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: In your letter of February 17, 1939, you requested the views of the Department relative to S. 2305, a bill relating to hours of work of licensed officers and seamen on tugs operating in certain inland waters of the United States. There is enclosed a memorandum from the Director of the Bureau of Marine Inspection and Navigation, pointing out the difficulties which the Bureau has experienced in the administration of Public, 702, Seventy-fifth Congress, which added the second sentence of section 2 of the Seamen's Act, which is being amended by S. 2305. Although the Department does not express an opinion as to the policy of this proposed legislation, in view of the difficulties which have been experienced in administering the present law, it would welcome the amendment of the law so as to define the period within which the 8 hours is to be worked and, therefore, is not opposed to the enactment of S. 2305. The enactment of this bill will not increase the expenditures of the Department. The Bureau of the Budget has advised that there would be no objection to the submission of this report to the committee. Very sincerely yours, J. M. JOHNSON, Acting Secretary of Commerce. BUREAU OF MARINE INSPECTION AND NAVIGATION, To: Secretary of Commerce. DEPARTMENT OF COMMERCE, Washington, June 1, 1939. MEMORANDUM From: Director, Bureau of Marine Inspection and Navigation. At the request of the assistant solicitor of the Department this Bureau submits the following comments on S. 2305, Seventy-sixth Congress, first session, a bill relating to hours of work of licensed officers and seamen on tugs operating in certain inland waters of the United States. The bill proposes to amend the second sentence of section 2 of the act of March 4, 1915, as amended. That sentence now prohibits any licensed officer or seaman in the deck or engine department of any tug documented under the laws of the United States, except boats or vessels used exclusively for fishing purposes, when navigating the Great Lakes, harbors of the Great Lakes, and certain specified tributary waters, from working more than 8 hours in any 1 day except in case of emergency. The bill proposes to require that such work shall be performed within a time not exceeding 9 consecutive hours. This Bureau in the administration of the present law, has found that the seamen on the one hand contend that it is the intent of the statute to restrict the 8 hours' labor permitted to 8 consecutive hours; on the other hand the tug owners and operators contend that the statute simply limits the maximum number of hours during which officers and seamen may be required or permitted to work during a day and that nothing in the act restricts that work to 8 consecutive hours. This Bureau has been of the opinion that the act does not require the 8 hours permitted by the statute to be consecutive but on the other hand has been of the opinion that the officers and seamen must be informed in advance of the 8 hours during which they will be required to work and that if a seaman, although not actually on board, was subject to call, the time during which he was required to hold himself available subject to call was to be considered time during which he was employed in computing the 8-hour period permitted. The bill, if enacted, will be of considerable benefit to seamen in that it will definitely restrict the time during which they may be required or permitted to work to a maximum of 9 hours per day. The bill, if enacted, would in many cases impose additional burdens upon owners and operators. Frequently tugs are not employed continuously throughout the day but are employed for a short period at intervals during the day. At present under such conditions of employment the owner or operator may require its crews to report for duty for a period in the morning and for another period in the afternoon or evening, thus being able to operate its vessels when needed with a single crew which is not required to work more than 8 hours during the day. The bill, if enacted, would prevent such employment and would possibly result in one of two conditions; either the employment of double crews, each of which would be employed for a short time in actual work, or discontinuance of operation of the vessel with the resulting dismissal of the officers and seamen employed thereof and termination of service at certain small ports. The Bureau wishes to invite your attention to the effects of this bill, if enacted, but expresses no opinion as to its policy. The bill, if enacted, will not in any way increase the expenditures of this Bureau. Hon. JOSIAH W. BAILEY, R. S. FIELD, Director. UNITED STATES MARITIME COMMISSION, Chairman, Committee on Commerce, United States Senate. MY DEAR MR. CHAIRMAN: Under date of May 4, 1939, you requested the views and recommendations of the Commission with respect to S. 2305, a bill relating to hours of work of licensed officers and seamen on tugs operating in certain inland waters of the United States. The proposed bill would amend the second sentence of section 2 of the act of March 4, 1915, as amended (46 U. S. C. 673). The changes proposed appear in the following comparative text, wherein new language added by the proposed bill is in italics, and language in the existing law that would be dropped is in black brackets. "Except in the case of an extraordinary emergency affecting the safety of the vessel or life or property, no licensed officer or seamen in the deck or engine department of any tug documented under the laws of the United States (except boats or vessels used exclusively for fishing purposes) navigating the Great Lakes, harbors of the Great Lakes, and connecting and tributary waters between Gary, Indiana; Duluth, Minnesota; Niagara Falls, New York; and Ogdensburg, New York, shall be required or permitted to work more than eight hours in any one day [except in case of extraordinary emergency affecting the safety of the vessel and/or life or property], and such work shall be performed within a period of time not exceeding nine consecutive hours." The substance of the amendment is that the 8 hours of work to be performed on the vessels named shall be performed within a period of time not exceeding 9 consecutive hours. Tugs navigating the Great Lakes are the only vessels affected by the provision. These vessels have no connection with vessels under the jurisdiction of the Maritime Commission, and the Commission is not familiar with the conditions of work involved in their operation. Consequently, it expresses no opinion on the merits of the proposed bill. Attention is drawn, however, to the fact that under the terms of another bill pending before your committee, S. 1358, the provision in the existing law now under consideration, namely, the second sentence of the act of March 4, 1915, as amended (46 U. S. C. 673) would be dropped from the statute altogether. The Commission has been advised by the Director of the Bureau of the Budget that there would be no objection to the submission of this report to your committee. Very sincerely yours, O E. S. LAND, Chairman. |