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SEAN tes a OR EM ele WE ee April, 1913 "This is no new doctrine; it is simply common sense and well understood by the statesmen con- trolling the destinies of other nations who do not believe that the way to increase the average weight of a herd is to kill its heaviest members. "Now we know that both France and England have adverse balances of trade; that is, imports in excess of exports. In the average year of 1896 that of France was $63,883,000. Against this the income from shipping was about $60,000,000. The same yeat-the British adverse balance was $707,- 680,000, while the credit from its carrying trade was about $641,250,000, so we see that with either but little additional credit was. needed that year from sources other than from shipping to balance fav- orably the commerce of these two great nations." No one can fail to note the advantages of the development of ship building to a nation, stimulating as it does every calling, profession and trade. If we revive our marine and build our own vessels we shall keep at home hundreds of millions of dollars and give employments to thousands of men. Today the coast- ing trade keeps alive our ship building. There is, however, a broad distinction between coastwise and foreign trade. Shipping in our domestic trade is a valuable industry deserving of development and pref- erence, but on the other hand shipping in the foreign trade is not only an industry worthy of national regard the same as the coasting business, but, as I have ex- plained, it offers a ready and commanding means of regulating the balance of commerce abroad; hence in the sum total of our national prosperity it is of vital importance. Mr. Nixon urges the repeal of the rider in the Panama canal act permitting the importation of ships' material free, saying that it has proved useless but is nevertheless a menace to our ship building industry if our merchant. shipping develops. The Hardy Bill The Hardy bill, which was passed in the closing days of the last session of congress, was intended by its framers to deal only with deep sea conditions of sailing, it being generally recognized that the condi- | tions which' it sought to remedy did not obtain on- the lakes at all. The framers were definite in their declaration that it did not apply to the lakes, but an examination of the exact language of the third sec- tion of the act leaves vessel owners in some doubt as to whether that particular section does not apply. The ambiguity arises from the fact that while the second section specifies ocean and coastwise seagoing merchant vessels, the third section leaves out the word "seagoing", making it read "ocean and coastwise mer- chant vessels". The probability is that the framers intended the meaning of the second paragraph to apply also to the third and did not think the repetition of the word "seagoing" necessary; but its absence has THE MARINE REVIEW 143 nevertheless given rise to doubt, though the practical application of the requirements of the paragraph to conditions existing in the bulk and package freight trades of the lakes would be absurd and would work more harm than good. The Lake Carriers' Association, through its presi- dent, has sent out to the members of the association the following circular regarding the bill: "The Hardy bill was pending when a considerable number of managers and masters appeared before the senate committee on commerce and urged against its application to the great lakes. The original idea seemed to have been that it should not, but the lan- guage employed made this doubtful, and it was the hope that the reasons and arguments presented would be convincing and the delegation left Washington with strong reason for believing that it would be made non-applicable to the lakes in definite terms. "In the throes of the last two or three days. of the session, the bill was reported out and passed in the form hereto attached. "In reference to the first section, there is some change in the phraseology of previous laws, but our counsel reads the law to mean that there shall be no penalty on the owner where the master in good faith proceeds with less than the complement prescribed in the certificate where he is deprived of the services by desertion or casualty and by proper effort is unable to procure others and believes he may complete his trip with the lesser number. It is important that the master observe the requirement to make report within 12 hours of arrival at destination. This provision has been in the law for several years and it may be expect- ed that masters are familiar with the requirements and will not neglect performance of this important duty. "The second section relating to the number of mates to be carried co has no application to the > great lakes. "There will be a dispute whether the third section _does or does not apply to the great lakes, but it is the opinion of our counsel that the provision requiring for an officer six hours off duty within 12 hours pre- ceding the time of sailing would not apply to the master who is the vice principal of the owner and stands in his shoes and is responsible for carrying out the poser in reference to the other officers of the ship. "Also the opinion is that where a steamer is in port with her engines idle it would not be necessary to havea licensed officer at all times in charge. In other words, with two licensed engineers to be in charge of the engine at all times while operating, she might lie idle with steam down or simply operate deck engines and pumps without licensed officer in charge. "It is hoped that this will be the interpretation by the department, should the department go so far as to rule that any part of the law applies on the great lakes." The subject will not be permitted to go by default. The department of commerce and labor will undoubt- edly be called upon for a ruling and if it should: de- cide that the measure is applicable to the lakes, which is unlikely, the subject will be taken up with congress for definite amendment.