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\ js i hat the => 4 = = = Ee! OT ONLY ‘must vessels built N since the passage of the LaFollette seamen’s act be constructed for the accommodation of the crew and otherwise as specified in that act, but all vessels built since 1897 must be reconstructed to con- form to the same requirements. This is in substance the decision of Attor- ney General Gregory, announced Jan. 5. The decision was ‘rendered to President Wilson and bore the date of July 26, last. It was in response to an inquiry of President Wilson’s of .May 12, last. Why the decision was not made public before, was not disclosed. The seamen’s act makes certain re- quirements regarding thé construc- tion of vessels, for the accommoda- tion of the crew, etc., which must be observed in the building of all ves- sels after the passage of “this act”. The attorney general holds that “this act” is the old act of March 3, 1897, and not the seamen’s law which was enacted on March 4, 4915. It there- fore follows that the space require- ments of the new law will apply to all vessels built since 1897, he says. Important points in the attorney general’s communication to the Presi- dent stating his opinion and the rea- sons for it are the following: “The pertinent part of section 6 of the seamen’s act of 1915 is as follows: Sec. 6.. That section two of ‘the act entitled “An act to amend the laws relating to navigation’, approved March third, eighteen hundred and ninety-seven, be, and is_ hereby, amended to read as follows: Sec. 2. That on all merchant ves- sels of the United States the con- struction of which shall be begun after the passage of this act, except yachts, pilot boats, or vessels of less than one hundred tons register, every place appropriated to the crew of the vessel shall have a space of not less than one hundred and twenty cubic feet and not less than sixteen square feet, measured on the floor or deck of that omce. *. 2 *, “Section 6 not only recites that the amended section 2 is ‘to read as follows,’ but sets it off from the rest of section 6 by quotation marks and Rulings on Marine Matters Improvements to Waterways Hints to Navigators ail ‘mc elated Ruling on Ship Construction gives it the original section number, to wit., ‘section 2,’ thus showing that the part in quotations was to be in- serted in, and considered as an integral part of, the amended act of 1897. We must then construe the act of 1897 as amended by section 6 of the act of 1915 as if originally enacted in that form. “Unless there were compelling rea- sons, recognized by law, why an in- terpretation should be given to these words different from their ordinary signification, they must be construed to refer to the earlier act, and so to require a larger ‘space for living quarters of sailors upon vessels con- structed after the passage of the act of March 3, 1897, and not only upon those constructed after the passage of the: act: of 1915, “The only other possible construc- tion would make the words ‘this act’ refer to the act of 1915. The effect would be to remove all restrictions whatsoever with respect to space allotment upon vessels built prior to 1915, because the act of 1915, in re- enacting section 2 of the act of 1897, as amended, did not preserve the existing requirements, but, on the contrary, repealed them by implica- tion, since the later act covers the whole subject of the earlier. “Being reduced to this choice, I think the intent of congress as indi- cated by the general purposes of the act and by the words actually used, when given their ordinary and gram- matical meaning, is more clearly ef- fectuated by construing the words ‘this act’ to refer to the act of 1897 rather than to the act of 1915. . “The fact has not been overlooked that a sentence in the report accom- panying the bill upon its submission to the house of representatives ap- parently construed these words differ- éntly. The language used by the committee in its report, however, canp- not be made to control the language of the act. “Tt should be borne in mind that the act (section 18) afforded ample time to ship owners to make all nec- 109 ‘ arr rerun ea arcererim ecumenism ATA essary changes in their vessels. “In my opinion, therefore, the words ‘this act’ should be construed to refer -to the act of March 3, 1897, the nec- essary effect of which will be to make the space requirements of the law apply to all vessels constructed after the passage of that act.” Quits Shipping Board | The resignation of Bernard N. Baker, Baltimore, from the new fed- eral shipping board was received Jan. 27 by President Wilson and accepted immediately. : The decision of Mr. Baker to resign was taken suddenly and grew out of a suggestion from William G. Mc- Adoo, secretary of the treasury, that it would be wise to have a man from the Pacific coast as chairman of the board. President Wilson. agreed with Secretary McAdoo in this. They had in mind for this place William Den- man, San Francisco, who was appoint- ed to the shipping board for a term of six years on Dec. 22. A statement issued by Secretary McAdoo officially explained that Mr. Baker resigned the morning after he was told of the wishes of the admin- istration. The resignation was not formally laid before ‘the President and accepted until Jan. 27. The proposed explanation of Sec- retary McAdoo has been construed as meaning that 'Mr. Baker was ambi- tious to become the chairman of the shipping board and that he, resigned when he learned of the administra- tion’s wishes. Mr. Baker was actively associated with Secretary McAdoo in the pre-legislative campaign of the administration in favor of the creation of such a board. As a result of this activity and interest, it was believed that Mr. Baker would be considered for appointment as the board’s first chairman, , ; In the act of Sept. 7 last for the creation of the board it is provided that the President shall name its mem- bers but that the members themselves shall annually name their chairman.