Seamen

Collier's New Encyclopedia (1921)

LAWS RELATING TO. Because of their isolation from the jurisdiction of regular courts for long periods and their absence in foreign countries in the regular course of their employment, it has been found necessary in all countries to pass special legislation regulating the relations of seamen and their employers. England was the first to do this, in 1854, when its Merchant Shipping Act was passed. The provisions of this Act, several times revised, are under the jurisdiction of the British Board of Trade. Various laws for the regulation of the employment of merchant seamen have since been passed in this country, being under the jurisdiction of the Admiralty Court of the Federal Government. The most recent of these was that known as the La Follette Seamen's Act, passed in 1915, which compels every ship to carry a crew of which at least seventyfive per cent must be able to understand orders given in English. As a whole, however, laws for the protection of seamen on American ships have been few in number, and those few have been almost entirely disregarded by shipowners. American ships have been so notorious for the ill treatment of their seamen that until very recently the majority of American seamen have been found on British ships. The "bucko" mate and skipper is still a feature of the American sailing ship. In consequence of this state of affairs the crews of American ships have often been "shanghaied," being inexperienced foreigners who have been abducted by force, usually while under the influence of drugged liquors. The recent development of seamen's labor organiza tions, rather than legislation, has been the element counteracting these condi tions. Under existing laws, however, a seaman may not be discharged in a foreign port without his own consent, unless he has signed a special contract to that effect. On the other hand, he may not leave his employment, unless specified in his contract, and if he does so may be arrested and imprisoned until the departure of the ship, when he is brought forcibly aboard. Flogging is forbidden, but physical violence is, nevertheless, a frequent form of punishment aboard American ships. The laws relating to seamen, in foreign ports, are under the jurisdiction of the American consuls, who act as judges in cases brought before them by shipmasters.