govern those things would be perfectly proper. It does not seem to me that it makes any difference whether it is the Chief of Engineers, the Department of Commerce, the Department of Agriculture, or a combination of them, as long as it is vested in some Federal agency; which must, in the interest of the Government, be true all over the United States, to have uniformity of action. Senator BINGHAM. You would recognize, however, that each of these departments has a distinct interest in a bridge of this type, the War Department having an interest in its ability to maintain a proper channel, the Department of Commerce having an interest in its duty to promote commerce, particularly ocean commerce, and the Department of Agriculture having as a part of its duty the establishment and promotion of the system of Federal highways? Mr. LEWIS. I would suggest that if the committee is not personally advised as to the procedure fully advised as to the procedure-of the Chief of Engineers and the War Department, you should read General Taylor's testimony given yesterday before the House committee, in which he went into it in great detail, and showed that his jurisdiction is coordinate with the Secretary of War, and that the two agencies now pass upon it; but those matters are matters of no great moment to us. The thing we are urging, as I tried to point out a week ago, is simply that the Federal Government take charge of this through any agency it chooses to set up. Mr. SHULL. If I may be permitted, I would say that the chairman's suggestion as to a committee of three to pass upon these matters meets with our approval. Senator BINGHAM. The hearing is closed. (Thereupon, at 12.15 o'clock p. m., the subcommittee adjourned.) Х PERSONAL-INJURY SUITS BY EMPLOYEES OF FOREIGN VESSELS HEARING BEFORE A SUBCOMMITTEE OF THE SIXTY-NINTH CONGRESS SECOND SESSION ON S. 3376 A BILL TO EXTEND JURISDICTION OF UNITED STATES PERSONAL-INJURY SUITS BY EMPLOYEES OF FOREIGN VESSELS SATURDAY, FEBRUARY 5, 1927 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON COMMERCE, Washington, D. C. The subcommittee met, pursuant to call, at 10.30 o'clock a. m., in the committee room, Capitol, Senator Porter H. Dale presiding. Present: Senators Dale (chairman), Stewart, and Sheppard. The subcommittee had under consideration the following bill, which is here printed in full, as follows: [S. 3376, Sixty-ninth Congress, first session] A BILL To extend jurisdiction of United States courts over personal-injury suits by employees of foreign vessels Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8337a, act of March 4, 1915, as amended by the act of June 5, 1920, be, and the same hereby is, amended so as to read as follows: "Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law, with right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such cases shall be under the court of the district in which the defendant employer resides or in which his principal office, vessel, agent, or shipmaster is located or found, and this statute shall apply to foreign vessels in the same manner and to the same extent that it applies to American vessels. The courts of the United States shall be opened to all seamen for its enforcement." Senator DALE. The committee will come to order. Senator Sheppard, you may proceed. Senator SHEPPARD. Before we hear from Mr. Axtell and Mr. Furuseth, who are here to discuss this bill with us, I desire to read to the committee and submit for the record the following letters dealing directly with this bill, S. 3376: A letter from the Department of Justice dated February 2, 1927, with its inclosures, which are a copy of the Attorney General's letter of April 19, 1926, to Senator Jones relative to bill S. 3376, and a copy of an office memorandum referred to in Mr. Sargent's letter. A letter from the Secretary of State dated June 12, 1926; and a letter dated June 9, 1926, from the Secretary of Commerce. (These letters will be found printed at the end of this day's hearing.) Senator SHEPPARD. The Hon. S. B. Axtell, counsellor at law, New York City, has given this matter very thorough study. He and Mr. Andrew Fursueth, the president of the Seamen's Union of America, are here, and I suggest that they be heard in the order named. Both of them have given this proposed legislation very careful study. Senator STEWART. Mr. Chairman, I suggest that we amend this act by inserting in line 3 in lieu of the figures and letter "8337a" the figures "20.” Senator DALE. Without objection, that will be done. If there is no objection, the committee will be glad to hear Mr. Axtell. STATEMENTS OF HON. S. B. AXTELL AND ANDREW FURUSETH Mr. AXTELL. Mr. Chairman, how do you wish me to proceed; do you gentlemen wish to question me, or shall I just proceed to tell you what I think about it? Senator DALE. Just proceed as you prefer. Mr. AXTELL. That is entirely up to you. Senator SHEPPARD. I believe it would be best to have Mr. Axtell, in his own way, give us the benefit of his views on the bill. Mr. Axtell, would you please tell us just whom you represent, how you happen to be here. and Mr. AXTELL. I am here as counsel for the Associated Marine Workers of New York, consisting of the masters, mates, pilots, marine engineers, oilers, firemen, dock hands, cooks, and float men of a large local labor organization in New York City, of which Capt. William A. Moore is the general manager and secretary. I file herewith his letter authorizing me to come here. Senator DALE. It will be received. (The letter above referred to appears at the end of these proceedings.) Mr. AXTELL. I represent also the Eastern and Gulf Sailor's Association (Inc.), and beg to file a letter from the secretary of that organization, embodying a resolution passed in support of the bill by them. (The letter above referred to appears at the end of these proceedings.) I also represent the Marine Firemen's, Oilers', and Watertenders' Union of the Atlantic and Gulf, the head office of which is 70 South Street, New York, N. Y. 1 file a copy of the resolution passed by that association supporting this bill. (The resolution above referred to appears at the end of these proceedings.) I also appear here as the representative of the Marine Cooks' and Stewards' Union of the Atlantic and Gulf, and file a letter from the secretary of that association indicating that similar action in support of this bill has been taken by that organization. (The letter above referred to appears at the end of these proceedings.) |