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                  <text>SEAFARERS#LOG

February 8,
1963

OFFICIAL ORGAN OF THE SEAFARERS INTERNATIONAL UNION • ATLANTIC, GULF, LAKES AND INLAND WATERS DISTRICT . AFL-CIO

New Bill Would Tighten 50-50
House Proposal Seeks Boost In American Cargoes
Story On Page 3

MTD PROTEST SPURS RR RATE STUDY

-Story On Page 3

Shipping Resumes.
Back to normal with the end of
the dock strike in Atlantic and Gulf
ports, SIU shipping resumed last
week as Seafarers returned to idled
ships up and down the coast. In
New York, one of the first Sea­
farers to return to work was Robert
Brennan, steward, who shipped to
the Hastings (Waterman), after
he picked up his shipping card.
Below, Frank Korven, wiper on
the Steel Designer (Isthmian), is
pictured signing on that vessel
as it crews up again.

'Columbus Ship' Gets SIU Assist.
Seafarers aboard the Alcoa Pennant had an unexpected
meeting in, the Caribbean with the tiny Nina II (right),
a replica of one of the three ships led by Christopher Col­
umbus on his first trip to the New World in 1492, and
assisted the vessel in obtaining stores and water during its
long voyage from Spain. The Nina later arrived in San
Salvador, setting off festive celebrations. (Story on Page 7.)

�Paee Two

SEAFARERS

LOG

Febniaiy S. 196S

SlU OF CANADA ASKS
HEAD DP COMMISSION
TO DISQUALIFY SELF
OTTAWA—The Seafarers International Union of Canada
has moved that the Commissioner conducting the inquiry
into the Upper Lakes shipping dispute disqualify himself on
the technical ground that he'*-^
—
had served previously as coun­
official transcript of the after­
noon proceedings of February
sel for one of the parties in­
1, 1963, in which the SIU posi­
volved.
tion was set forth, and the dis­
The SIU motion pointed out
cussions that followed, are
that Mr. Justice T. G. Norris,
printed in a supplement in
who had been appointed by
this issue of the SEAFARERS
LOG).
the Minister of Labour to inquire
into the dispute and into the in­ - The dispute between the SIU of
ternal affairs of the parties, had Canada and the Upper Lakes Ship­
Newest arrivals in family
served as counsel for the SIU in ping Company arose after the
of Seafarer Ben Mignano
1953 and 1954.
company evaded its contractual
are identical twin boys held
Counsel for the SIU of Canada, obligations to the SIU, locked some
Mrs. Mignano as the rest
George H. Henderson, in making 300 SIU crewmembers out of its
of their children gather
the motion, said "it is based on fleet, and began to recruit scab
the factual matters that existed in crews through the Canadian Broth­
around. The 'family now
1953 and 1954, and it is made on a erhood of Railway. Transport and
BELLPORT, NY—Seafarer Ben Mignano has his own lit­ numbers eight youngsters
technical legal ground based on General Workers, and the Cana­ tle "Brotherhood of the Sea" these days, topped by the birth
all together, including (l-r)
those facts." The SIU counsel dian Maritime Union, which was
Karen, 7; Edward, 12;
of
identical
twin
boys
on
January
5.
The
proud
dad
and
cited legal precedents and opin­ set up by the CBRT and the Cana­
his wife, Velma, now have-*
^ Dahlia, 15; Mitchell, 9;
dian Labour Congress.
ions in support of his motion.
Giselle, 4, and Deborah, 8.
eight
children.
Their
new
ar­
a
safety
consultant
Due to the effectiveness of SIU
(The verbatim text ot the
Mignano's brother Anthony,
However, since Ben's boys ar­
picketing action against the com­ rivals were the first twins of
a former Seafarer, had his
pany, supported by the AFL-CIO 1963 to be bom at Brookhaven rived in the midst of the long­
Maritime Trades Department and Memorial Hospital here on Long shore strike, the double SIU ma­
own double event—identi­
ternity benefit he received came in
its affiliated unions, the CLC Island.
cal twin girls—recently,
group, including the CBRT, last
As far as the Mignano family is handy. The $400 in welfare cash
and also has eight kids.
July engineered a boycott of SIU concerned, the "Brotherhood of plus $25 bonds from the SIU in
ships which led to the closing of the Sea" idea is something very the name of the twins, Benjamin,
the St. Lawrence Seaway. This ac­ real. Ben's brother Anthony, a Jr., and Frank Anthony, was a
tion was avowedly taken by the former Seafarer, became the fa­ bonanza. Mignano is now on the
CLC and CBRT in order to force ther of identical twin girls a few Losmar (Calmar) as bosun.
WASHINGTON —The AFL-CIO the Canadian government to move months ago, which gave him a
For the record, when the twins
Maritime Trades Department is against the SIU and to bring pres­ family of eight youngsters too. He weighed in, Ben, Jr., was an even
keeping a close watch on the pro­ sure on the US Government. The lives out in Garden Grove, Orange 5 pounds at birth and Frank An­
thony tipped the scale at four
posed "Merchant Seaman's Health boycott led to the establishment of County, Calif.
Safety Act" proposed by Rep. the Norris Commission, which be­
Ben didn't know about An­ pounds, 12Vi ounces.
They were the 45th set of twins
Herbert C. Bonner (D.-NC) last gan Its hearings last August.
thony's double event until he
The SIU has maintained, during called a sister in Brooklyn when for which the SIU Welfare Plan
month. The bill is the latest at­
tempt to give the Coast Guard light the entire course of the dispute, his boys were born at Brookhaven. has paid out double the usual $200
control of all US merchant seamen. that the pattern of activity through­ Letters telling about his Cali­ maternity benefit. The list of mul­
(See Editorial, Page 11.)
out clearly points to a conspiracy fornia event had never reached tiple SIU births also includes two
WASHINGTON—Adding to its
spearheaded
by the company and him because the family had moved sets of triplets among the more record of opposition to US ship­
It would authorize the establish­
short time ago. Anthony no than 5,100 SIU maternity benefits ping and transportation interests,
ment of "physical qualifications for the CLC group, in which the CBRT
longer sails, and works ashore as paid to date.
all positions on vessels of the has played a major role.
the Department of Agriculture is
United States" and provides for
now reported to be making a small
"such rules and regulations as may
venture into the transportation
Merchant Marine Forum
be necessary to insure that each
business on its own hook. The
seaman shall meet at time of sign­
planned operation would compete
ing articles the physical qualifica­
directly with a private operator.
tions established. . .
The report indicates the depart­
The bill provides for fines of up
ment intends to build a ferry to
transport its employees to and
to $100 on shipping companies that
from an animal experimental sta­
hire seamen who fail to meet the
tion located on Plum Island in
unspecified physical standards, and
for equal penalties against seamen.
WASHINGTON—^Participating in a forum chant Marine Act was adopted, and that the law Long Island Sound.
If the plan comes off. Agricul­
In seeking to give the Coast discussion of the American merchant marine, was therefore Ineffective in meeting the needs of
Guard military control over the SIU of North America President Paul HaU US shipping today. In 1939, he pointed out, some ture would join the Military Sea
livelihood of civilian seamen, the declared that runaway-flag shipping, the inequitable 80 percent of all US foreign trade was in the form Transportation Service, for many
of package cargo, while bulk cargo represented 20 years a major competitor for mili­
bUl amounts to a warmed-over ver­ subsidy program, outdated maritime policies and
sion of a "profiling" program the role of Government agencies were the prin­ percent. He contrasted this situation with the pres­ tary cargoes with private US ship­
which the CG sought to impose in ciple factors contributing to the decline of this ent situation, where package cargoes constitute 13 ping, as another Government agen­
percent of US foreign trade and bulk cargoes have cy in the transport field.
1954. The "profiling" system was country's merchant fleet.
soared to 87 percent.
an effort to set up Government
In doing so, the department
Hall was a member of the panel participating in
The SIUNA president also cited the inadequacies would displace a commercial oper­
standards of "fitness" without the forum sponsored by the "Reader's Digest" at
of the subsidy program, through which only 15 ator, New London Freight Lines,
which a seaman could no longer the National Press Club here on February 5. The
companies
receive operating subsidies. Hall quoted
saiL
forum discussion arose out of an article in the from "A Report On The Ocean Freight Industry," which has serviced the Plum Is­
February, issue of "Reader's Digest," entitled "Our by Rep. Emanuel Celler's subcommittee of the land route for about five years.
The company has indicated that
Strike-Strangled Merchant Marine," which cited
House Judiciary Committee, that only six of the loss of the run means it will prob­
seamen's wages and benefits as the cause of the
companies had captured some 76 percent of all ably have to close down all of its
industry's shrinkage.
operating differential subsidy payments during the common carrier operations servic­
Victor Reisel, nationally-syndicated columnist,
entire period of the subsidy program. ing the public.
Seafarers and SIU families acted as moderator of the panel. Participants In
Rapping Government agencies for their failure to
who apply for maternity, hos­ the panel, in addition to Hall, were Thomas (Teddy)
The department has already no­
protect the American merchant fleet. Hall singled
pital or surgical benefits from Gleason, executive vice-president, International
tified
the company that it will no
out the State and Agriculture Departments as ene­
the Welfare Plan are urged to Longshoremen's Association; Joseph Curran, presi­ mies of US shipping, and the Interstate Commerce longer have any need for its com­
. keep the Union or the Wel­ dent, National Maritime Union; John Weller, presi­ Commission for favoring the railroads at the ex­ mon carrier service, which not
fare Plan advised of any dent, Seatrain Lines; Ralph Casey, president, Amer­ pense of the domestic shipping industry.
only offers stops at Plum Island
changes of address while their ican Merchant Marine Institute; Alexander Chopin,
Hall said the decline of the American shipping but also at other points along the
Connecticut shore and on the
applications are being proc­ chairman. New York Shipping Association, and
industry could be reversed by:
essed. Although payments are Edward Silver, counsel for the Tanker Service
• Updating the Merchant Marine Act of 1936 in Sound. According to the freight
line, which has protested the plan
often made by return mail, Committee. Sterling Fischer, of the "Digest" staff,
line with today's trade patterns;
to the President, the department
changes of address (or illegible presided.
• Overhauling the subsidy program;
return addresses) delay them
Hall denied that high wage scales of American
• Revamping the ICC to include shipping rep­ is now building a boat with a ca­
pacity of 350 passengers.
when checks or "baby bonds" crewmen have driven away US shipping business. resentation;
are returned. Those who are
He pointed out that some 1,500 ships operate
During the last Administration,
• Absolute enforcement of the Cargo Preference
moving are advised to notify under runaway flags, "mainly to avoid taxes," and Act by all Government agencies;
the department tried to pick up a
SIU headquarters or the Wel­ that about 1,000 of these sail under Liberian regis­
• Eliminating MSTS competition with private Navy surplus vessel and wanted to
fare Plan, at 17 Battery Place, try, which in 1939 did not have any ships registered. shipping.
build its own harbor so that it
Hall said that the character of US foreign trade
• Closing of tax loopholes for runaway ship could operate its own ferry. This
New York 4, NY.
had changed radically since 1936, when the Mer­
operators.
effort was sidetracked by protests.

Seafarer's Family GrowsWelfare Gets Twin Bill

Afro Sets

Fight Over
Bonner BUI

Agriculture
DepL Eyes
Ferry Biz

HALL HITS RUNAWAYS, ICC,
GOVT ROLE IN SHIP DECLINE

Moving? Notify
SIU, Welfare

�y^-

^Kbnurr 9, U6f

SEAFARERS

LOG

Shipping in New York

Paee Thref

House Bill Urges
More 50-50 Aid
For US Shipping
WASHINGTON—A much-needed boost for the US
merchant fleet is in the offing under a proposal to ex­
tend the 50-50 law by allotting a larger share to Ameri­

can ships when the country receiving the cargo has no ships
of its own available to haul it. The legislation would give
US vessels preference over vessels of so-called "third party"
countries not directly in--*'
volved in the cargo trans­ centum of such gross tonnage also
shall be carried on privately-owned
action.
Atlantic and Gulf SlU shipping returned to normal last week, with the end of the monthThe bill was offered in the United States-flag commercial ves­
long strikd by the International Longshoremen's Association. The dockers went back to
House
last month by Rep. Ed­ sels . . ."
work on Saturday, January 26, and ships began recrewing and calling for men. The scene
Waiver provisions are included
ward
Garmatz
of Maryland, a
here at the SlU hall in New York shows Seafarers picking up their shipping cards at the
member of the Merchant Marine so that Congress, the Presiden* or
early job call on Monday, January 28, which began a busy week for all hands.
Committee. If adopted, it would the Secretary of Defense may set
provide a considerable amount of aside the special proviso in "emer­
cargo tonnage now barred to gency" situations.
Seafarers On 2-Year Indian Ocean Trip
American vessels by the strict in­
Cuba Embargo
terpretation given to the 50-50 law
Meanwhile,
in a related deve'opin many Government agencies. •
ment,
the
long-awaited
embargo
All segments of the maritime in­
dustry, both unions and manage­ on Government cargo shipments
can be expected to support aboard vessels engaged in the
WOODS HOLE, Mass.—The SlU-manned Anton Bruun, first oceanographic research ment,
the legislation when it comes up Cuban trade has been announced
by the President. However, it cov­
vessel to come under a union contract, is now enroute to Aden from Gibraltar on her way for consideration.
out to Bombay. The Indian port will be her headquarters for the first five of nine explora­ The bill provides that in addition ers only ships in the Cuban trade
since the first of this year, and
tory cruises scheduled to last-*to the normal 50 percent portion allows them to bid for US-financed
until Christmas, 1964.
ence fleet have cross-hatched the later and then returned to work. of an overseas-bound Government cargoes anyway if they pledge not
The Anton Bruun, named after cargo allocated to American ships to carry on further trade with
ocean
area into multiple squares
The Bruun is part of a 40ship fleet from 20 nations manning like a crossword puzzle. Each ship a famous Danish scientist, was for­ "if flag vessels of such foreign na­ Cuba.
the Indian Ocean International has an assigned ocean track for merly the Presidential yacht Wil­ tion are not available at fair and
The embargo move watered
Expedition that will chart the each of the cruises assigned to it. liamsburg during President Harry reasonable rates for such vessels, down the program indicated last
any tonnage in excess of 50 per
Originally scheduled to leave Truman's administration.
Indian Ocean floor and study
fall, at the heat of the Cuban crisis,
Its marine life. Leaders of the sci- Bombay for Puket, Thailand, Feb­
when it was expected an immediate
ruary 18 for her first research
ban on Government cargoes for
cruise, the Bruun's late departure
Cuba trade ships would go into ef­
from home port is causing her to
fect. It also only covers the ships
push ahead all future sailing dates.
which have actually traded with
From Puket, she goes to Ran­
Cuba, and does not apply to other
goon, spending nine days on sta­
vessels under the same ownership.
tion cartographing seabottom and
The action by the President up­
classifying marine life. Her sched­
holds
the stand taken by the AFLule calls for 20 days on station
CIO
Maritime
Trades Department
WASHINGTON—^Yielding
to
protests
that
a
railroad
rate
after a running time of ten days
in
initiating
the
crackdown on
between Rangoon and Vizagapa- cut on transcontinental tinplate cargoes would further
ships
trading
with
Cuba
and seek­
tam, India. After two days' repro- weaken the remaining intercoastal water carriers, the In­
ing to ban them from obtaining US
visioning, the Bruun heads for terstate Commerce Commis- •*•
Government cargoes as well.
SAN FRANCISCO—The new Madras and then back to Bombay. sion has agreed to study the last December is an attempt to re­
The latest White House action
Military Sea Transport Union of The first cruise is planfied to last latest railroad rate mane- gain some of the traffic lost ten also came at a time when several
thfe SIU Pacific District has gained 391^ days, will cover an ocean euver but is allowing new rail years ago when the rails first be­ proposals were being offered in the
another victory in its widespread track of 4,740 nautical miles, and and water rates to go into affect. gan cutting rates for tinplate House to invoke a crackdown on
organizing drive among seamen of is due to end the middle of May.
shipments. Only a handful of lines Cuba trade shipping via legisla­
Steamship operators had also are still left in this trade.
the Military Sea Transport Service,
Second Cruise To Ceylon
tion.
cut their rates in a calculated
winning
exclusive
bargaining
The Bruun's second cruise, runs move to regain lost cargoes. Both
rights and jurisdiction in Honolulu from Bombay to Ceylon, thence to
for the Hawaiian Command of Port Louis in the Mauritius Is­ new rates went Into effect on
February 1.
MSTS.
lands. On the latter run, she will
The AFL-CIO Maritime Trades
This follows its earlier success remain 18 days 911 station, logging
Department and steamship op­
In gaining formal recognition from 5,400 miles.
the
Federal
Government
as
Unlicensed crewmembers of the erators had challenged the rail­
bargaining agent for some 1,600 Bruun seeking SlU representation road cut on the ground that it was
unlicensed seamen on 21 MSTS and union conditions for their long a "flagrant example of discrimina­
vessels operating out of the US stay in the Indian Ocean struck tory rate manipulation."
An MTD protest pointed out
West Coast. A few days after re­ the ship last Christmas Day, while
ceiving notification of its bargain­ she was in Brewer's Shipyard at that the railroads "are maintain­
ing status, the union filed docu­ Staten Island, New York. Denied ing existing rail rates for the com­
ments seeking exclusive represen­ their , demands foi SlU representa­ bined water-rail transportation" of
tation rights covering the same tion, they were successful two days tinplate, while cutting the all-rail
rate in order to woo tinplate
group.
shippers.
The recognition given to the
The union appeal to. the ICC to
union in the Hawaiian Command
set aside the reduced rate called
is expected to provide a substantiai
Vol. XXV, No. 3 the new all-rail rate "a transparent
boost to similar drives among Feb. 8, 1963
maneuver on the part of the rail­
Government seagoing personnel in
roads to eliminate competition of
other agencies.
intercoastal shipping."
A new organization was chart­
Both the unions and the domes­
ered to service MSTS personnel
PAUL HALL, President
tic
shipping lines welcomed the
in order to provide the men with
HERBERT BRAND, Editor; IRWIN SPIVACK.
a union structure of their own Managing Editor; BERNARD SEAMAN. Art ICC decision to conduct an investiwithin the SIUNA and the Pacific Editor; MIKE POLLACK, NATHAN SKYEH, gatfon of the rate cuts. The inquiry
District. Organizing in the MSTS ALEXANDER LESLIE, PETER MCEVOY offers an opportunity to spotlight
the efforts of the rails to wipe
fleet began after a Presidential HOWARD KESSLEH, Staff Writers.
executive order gave all Govern­ Published biweekly at the headquarters out intercoastal shipping by selec­
Aerial view shows Swedish tanker Thuntank VIII (left)
ment employees the right to join of the Seafarers International Union. At­ tively slicing rates on canned goods
being
towed to port at Rotterdam, Netherlands, after it
Gulf, Lakes and Inland Walers and other commodities that pro­
unions of their choice. The pro­ lantic,
District. AFL-CIO. 675 Fourth Avenue
was
found
drifting upside down in the North Sea last month.
gram allows for full representation Brooklyn 32, NY Tel HYaclnth 9-6600 vide most of the cargoes usually
Second
class
postage
paid
at
the
Post
Members
of
the towboat crew are standing on the over­
rights and grievance procedures Office In Brooklyn. NY. under the Ac moved by water.
turned
vessel.
The fate of the crew of the 499-ton Thuntank
after majority support among the of Aug. 24. 1912
The special rate introduced by
workers involved is clearly es­
remains a mystery. The ship at right is part of the Rotter­
the water carriers to retaliate for
tablished.
the cut in railroad rates announced
dam Port Authority's fleet.

Research Ship Bombay-Bound

MTD Protest Sparks
Study Of RR Rates

Pacific SlU
Signs MSTS
Hawaii Ships

Swedish Ship Turns Turtle

SEAFARERS LOG

�SEAFARERS

^gt Prar

.Mrm 9, an

LOG

(Figures On This Page Cover Deep Sea Shipping Only In the SIU Atlantic, Gulf, Lakes and Inland Waters District.)
}

.

January 1. Through January 15, 1963

SIU shipping was relatively slow, as expected, during
the first half of January, since the dock strike was in
effect for the full two-week period. A total of 673 jobs
was dispatched in all ports, or approximately half of
what could be considered "normal" shipping activity.
New registration amounted to 1,543, due to the small
number of ships moving in and out of port. As a result,
the number of men listed as registered on the beach at
the end of the period, on January 15, was up to 5,456.
This figure indicated that between 1,800-2,000 SIU men
were idled "in US ports during the course of the longshore
beef up to that time.
Despite the general drop in shipping, Baltimore, Nor­
folk, Mobile and San Francisco were kept a bit ljusier
than in the previous two weeks. All of the remaining

ports were slow. However, the shipping situation did not
entirely eliminate the job chances of class C men, who
filled ten percent of the total jobs shipped, so there appal-ently were jobs in many ports that Seafarers in higher
seniority groups were willing to pass up.
The ship activity (see right) was also light in most of
the ports, since many ships managed to load for foreign
destinations just before the strike began on December
23. There were just 22 sign-ons in all throughout the Dis­
trict for January 1-15, a good indication of the slowdown
in activity.
With resumption of cargo-handling in Atlantic "and
Gulf ports beginning January 26, when the strike was
called off, the figures for the coming period should re­
flect the recrewing of most of the idled vessels and the
return to normal shipping once again.

Ship AcfiVif/
Pay SIga la
Offa Cos Trooa. TOTAL
Bettoa
New York....
PUIodelphla..
BoHfinore ....
Narfelk
Jaekienvllle ..
Tonipo ......
Meblie
New Orleaoa..
Hoeateff
Wflmingtea ..
Son Franelsce.
Seattle

—
11
8
4
3
8
—
2
4
8
0
3
4

TOTALS ... 53

—

1
8
8
4
2
8
2
8
8
4
4
22

f
28.
8
IS
0
4
2
•
4
13
—
4
4
6 ' 12
20
28
7
7
8
15
4
12
71

144

DECK DEPARTMENT
Registered
CLASS A
GROUP
1
2 S ALL
5
2 2
1
36 61 13 110
5 11 3
19
13 25 11
49
2
7
5 0
3 15 1
19
2
2
46
18 22 6
57
19 28 10
49
19 27 3
5
1 2
2
17
7
9 1
20
6 12 2

Port
Boston
New York
Philadelphia.
Baltimore
Norfolk
Jacksonville..
Tampa
Mobile
New Orleans.
Houston
Wilmington
San Francisco
Seattle

Registered
Shipped
CLASS A
CLASS B
GROUP
GROUP
2 3 ALL
1
2 S ALL 1
0 0
0 0
0
1
2
2 13 16
31 5
22
9
0
5
5 3
0 5
9
7
19 6
6 12
1
14
0
6 2
2 4
7
9
0
7 7
14 0
6
6
2 —
2 0
0
0
7 6
1 6
0
21
9
29 3
4 12 13
14
9
0
8
4
12 3
19
9
4
0
1
5 2
7
3
5 8
1
14 8
19
8
0
8 3
4 4
8
17

131 220 54 I 4051 9

64 79 I 152 41

81 37 | 159

Shipped
CLASS B

Shipped
CLASS C
GROUP
123 ALL
0
0 0
0
4 1
0
0 3
0
1 0
0
0 1
0
1 0
0
0 0
0
1 0
0
2 0
0
0 1
0
0 1
0
1
1
0
2
2

GROUP
123 ALL
0
0 0
0
1
6 7
14
0
1 1
2
2
3 5
10
2
1 4
7
0
0 0
0
0
1 0
1
0
1 3
4
1
2 5
8
1 3 '5
1
0
0 3
3
6 7
1
14
0
1
3
2
24 38 I 71 3

12

TOTAl
SHIPPED

CLASS
A
B C
2
0 0
22 14 5
9
2 3
14 10 1
9
7 1
6
0 1
0
1 0
21
4 1
14
8 2
5 1
19
7
3 1
19 14 2
17
3 4
7 1 22 159 71 22 I

Registered On
CLASS A
GROUP
AI.I. 123 ALL
2 0 20 7 27
41 112 238 47 397
14 21 26 10
57
25 77 104 30 211

The Beach
CLASS B
GRQUP
12 3 ALL
0
2 6
8
5 41 70 lis
0
6 11
17
0 14 30
44
1
6 14
21
0 16 19
35
0
3 2
5
1
7 20
28
9 52 77 138
2 38 40
88
15
2 10 3
3
9 10
22
1 11 ' 12
24

17 16 20 0
36
7 15 26 2 43
1 6 11 3
20
26 51 78 16 145
24 103 160 37 300
25 69 108 18 195
11 13 14 4 31
35 18 25 4
47
24 18 20 4
42
252 519 850 182 115511 24 215 314 1 553

ENGINE DEPARTMENT
Registered
CLASS A

Registered
CLASS B

Shioped
CLASS A

Shipped
CLASS B

GROUP
GROUP
GROUP
1
2
3 ALL 1
2
3 ALL 1
2
3 ALL
0
1
0
1 0
0
1
2
3 0
0
0
25
60 11
96 6
16 20
42 4 20
28
4
1
11 0
9
1
3
7 1
4
4
0
5
5
19
0
24 0
16 1
8
8
5
2
8
6
1
2
9 1
0
0
3
1 1
4
8
2
0
11 2
9
5
5
12 1
6
0
7
5 0
0
1
4
0
0
0 0
1
0
1
3
12
3
18 0
6
2
8 2
10
3
15
10
45
59 3
4
37 1
15 19
8
0
9
12
32
5
49 2
12 18
32 6
15
25
4
0
3
1
4 2
6
9 1
1
2
2
5
5
8
2
15 0
5
10 3
5
6
2
11
2
9
2
13 0
8 0
5
3
6
4
10
67 217 31 1 315 16
82 87 1 185 21
87 24 132

Port
Boston
New York
Philadelphia
Baltimore
Norfolk
Jacksonville
Tampa
Mobile
New Orleans
Houston
Wilmington
San Francisco
Seattle
TOTALS

Shipped
CLASS C

GROUP
1
2
3 ALL
0
0
6
0
4
7
8
19
0
2
4
2
0
3
2
5
2
1
1
4
0
1
1
2
0
0
0
0
0
1
1
2
0
5
10
5
1
3
8
12
0
7
4
3
1
5
6
12
0
1
1
2
8
33 38
79

TOTAl
SHIPPED

Registered On The Beach
CLASS A
CLASS B

GROUP
CLASS
GROUP
GROUP
1
2
3 AI.I. A
C ALL 1
B
2
3 ALL 12 3 ALL
0
0
0
0 0
0
0 0
0
7
1
8 0
5
4
9
1
2
1
4 28
19
51 63 192 23 278 20
4
55 56 131
0
1
2
3 5
4
3
27
12 3
5
35 1
7
8
16
0
3
5
1
4 8
4
17 14 113 14 141 2
67
29 36
0
2
0
2 8
4
2
14 5
18
2
25 3
9
8
26
« 7
0
1
1
2
2
11 3
18
3
24 4
13
8
25
0
0
0
0 0
1
0
1 2
13
16 0
1
2
3
5
0
0
1 15
2
18 20
1
1
71 11 102 0
21 16
37
0
0
0
0 9
10
0 .19 49 151 14 214 7
80 71 158
0
0
3 25
12
3
3
40 31
92 10 133 8
45 44
97
0
0 5
0
0
7
0
12
12 6
1
19 4
8
5
17
0
0
1 11
1
12
26
1
24 10
6
42 0
6
6
12
0
1
2 10
1
2_ 2
14 4
17
1
22 1
11
5
17
1 11 10
22 131
80 22 '233 210 757 92 11059 50 291 :270 6n

STEWARD DEPARTMENT
Registered
CLASS A
I-s

Poif

Bos
N Y ....
Phil
Hal
Nor .•••.
«lac

eaee

Tam.....
Mob ....
NO ....

Hou ....
Wil
SF

Sea

....

TOTAfS

2
16
3
3
2
4
0
3
10
14
3
3
5
68

Registered
CLASS B

V

Shipped
CLASS A

GROUP
GROUP
GROUP
1
2
3 ALL 1
2
3 ALL 1-s 1
3 ALL
2
0
6' 0
2 1
0
1
2 0
0
0 1
1
34 22 45 117 2
0 20
22 1
8
3
4
16
0
1
5 1
1
1
5
7 1
0
0
2
3
10
6 12
31 1
0 14
15 3
4
2
1 .10
0
1
0
3 0
1
2
3 1
0
1
4
6
3
0
5
12 1
1
3
5 2
2
0
3
7
0
0
1
1 0
0
0
0 0
0
0
0
0
10
4 12
29 0
0
7
7 1
2
2
6
11
10
3 27
50 2
2 24
28 2
3
2
2
9
5
65 1
9 37
2 12
15 3
0
1
6
10
1
2
3
9 0
0
1
1 0
2
1
4
7
7
6 12
28 2
2
2
6 1
3
1
3
8
1
3
6
15 1
3
4
-8 2
0
1
3
6
82 56 161 1 367 12 12 95 1 119 17
24 14 39 1 94

Shipped
JCLASS B

GROUP
1
3 ALL
2
1
0
3
2
1
0
10
9
1
0
2
3
0
5
0
5
1
0
1
2
0
1
0
1
0
0
0
0
7
0
0
7
13
1 11
1
0
0
9
9
0
0
2
2
0
3
4
1
1
0 10
11
6
62 1 70

Shipped
CLASS C
GROUP
1
3 ALL
2
0
0
0
0
0
0 10
10
0
0
2
2
1
0
3
4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
2
2
0
0
2
0
0
3
3
1
0
0
1
0
0
0
0
0 231 24
1

TOTAL
SHIPPED

Registered On The Beach
CLASS A
CLASS B

CLASS
GROUP
GROUP
2
3 ALL 1
A
C ALL 1-s 1
3 ALL
B
2
7
1
2
4
0
1
1
3
0
3
4 0
4
97 47 205 401 4
16
10 10
36 52
69
2 63
6 11
38 1
6
3
3 12
3
8 IS
16
2
51 30 58 153 3
10
2 36
5
4
19 14
41
3
4
19
3
6
2
8 7
4
5
12
0
5
9
2
4
19 4
2
7
13
7
1
0
8 4
19 1
3 12
4
1
3
0
0
0
0 0
1
33 17 54 118 0
0 26
26
0
11
7
18 14
57 28 137 251 5
8 91 104
9
13
2
24 29
6 40
50
10
19 30 67 168 4
9
2
21 52
25 3
2
5
7
0
6
7
2
12 11
3
3
53 2
12
7 28
8
13 6
4 16
22
4
1
5 17
0
17 4
5
9
22 1
23
6
11
4
"94
70 24 1 188 208 300 185 600 11293 32 37 320 1 389

SUMMARY
DECK
ET'CINE
_
REWARD
GRAND TOTALS

Registered
CLASS A
GROUP
1
2 3 ALL

131 220 54 I 405
67 217 31 I 315
150 56 161 ) S67,
348 493 246 110871

Registered
CLASS B
GROUP
123 ALL

9 64
16 82
12 12
37 158

Shipped
CLASS A

GROUP
1
2 3
7¥1 152 41 81 37
87 1 185 21 87 24
95 | li9 41 14 39
261 j 456 103 182 100

ALL
I 159
1 132
I 94
1 385

Shipped
CLASS B
GROUP
1
2 3 ALL
9 24 38 I 71
8 33 38 I 79
62 62 I 70
23 59 138 I 220

Registered On The Beach
TOTAL
Shipped
CLASS B
CLASS A
SHIPPED
CLASS C
CLASS
GROUP
GROUP
GROUP
123 ALL ABC ALL 1
2 3 ALL 1
2 3 ALL
3 12 7 I 22 159 jn ^ ^2 ^19 850 182 |15» M 215 314 I 553
1 11" 10 1 22 131 80 22 233 ^0 757 92 |1^9 50 291 270 I 611
1
0 23 |_ 21 94 70 24 188 508 185 600 [1293 32 37 320 I 389
5 23 40 j 68 384 221 68 673 12371792 874 |3903 106 543 904 |155^

�Vibnuurr t. 19tS

SEAFARERS

Notify Union On LOG Mail

QUESTION: Ara movies or
TV shows about the sea true to
life?
Ed Tappy: The movies are defi­
nitely
exagger­
ated. They don't
show the condi­
tions we lived
under in the old
days. I remem­
ber walking out
on the old "Mu­
tiny
On The
Bounty," and
the new version
Is not much better. The actors do
a job, but they have to foliow a
script that doesn't make sense.
Clarence L. Cousins: I remem­
ber a movie with
Rock Hudson in
which he was
d e 1 i V e r ing a
yacht
to San
Francisco during
a storm. There
was a crew rep­
resentative who
came up to him
like a union pa­
trolman would and set out the
conditions under which the crew
would stay aboard. I felt the un­
ion-type episode was true to life.
^
Clarence Ayers: In Hollywood
they flower up
sea movies by
making
things
seem a little bet­
ter than they actually are,
though we have
it pretty good
these days. It's
ten times better
than it used to
be. The boys back in the old days
had it pretty rough.

it

t

Winford H. Powell: They fiction­
alize a lot, but
they're based on
things that are
real. "The Long­
est Day" por­
trayed life on a
troopship which
was true to life,
with all the col­
or about life on
a ship, the crap
games and so forth. Some of the
men who were really there were
acting in the movie. D-Day there
seemed just like the day in 1944.
"Turkey" Jones:
They make up a
lot of it. They
make
it look
harder for the
seamen and the
mates than it
really is most of
the time. The
captain in one
movie I saw had
a heai't - to - heart
with a seaman and told him
rough it was before he asked
if he really wanted a job. To­
you just go to the hiring hall.

William

talk
how
him
day,

R.

t

Dolores Ramos:
think they're
true for the most
part. I watch a
lot
of
sea
movies on TV
and I don't see
much difference
between
them
and real life.
The only part
that's not true is
about all the
beautiful women who are always
making sea voyages. If you could
really meet all those women then
everybody would be a seaman.

As Seafarers know, copies of each issue of the SEAFARERS
LOG are mailed every two weeks to all SIU ships as well as to
numerous clubs, bars and other overseas spots where Seafarers
congregate ashore. The procedure for mailing the LOG Involves
calling all SIU steamship companies for the itineraries of their
ships. On the basis of the information supplied by the ship oper­
ator, four copies of the LOG, the headquarters report and min­
utes forms are then airmailed to the agent in the next port.
Similarly, the seamen's clubs get various quantities of LOGs
at every mailing. The LOG is sent to any club when a Seafarer
so requests it by notifying the LOG office that Seafarers con­
gregate there.
As always the Union would like to hear promptly from SIU
ships whenever the LOG and ship's mall is not delivered so that
the Union can maintain a day-to-day check on the accuracy of
its mailing lists.

Baltimore SIU, Food
Unions Start Council
BALTIMORE—^The SIU has joined with other local affili­
ates of the new AFL-CIO Food &amp; Beverages Trades Depart­
ment in forming the first Food &amp; Beverage Trades Council
in the country. A local coun-"^
cil charter was issued here the origial convention, which
named Harry R. Poole, executive
on January 30.
vice-president of the Amalgamated
AFL-CIO unions in the food and Meat Cutters, as its first president.
culinary trades set up a structure Poole made the charter presenta­
for the new department in Decem­ tion here last week to a gathering
ber, 1961, at the time of the last of local representatives of most of
national AFL-CIO convention. The the unions involved.
department represents some 800,The department plans to issue
000 workers engaged in the manu­ charters to councils in a number
facture, processing, sale and dis­ of cities during coming months.
tribution of food and beverage They will serve as coordinating
products.
bodies for member unions in the
Nine international unions, in­ same manner as the AFL-CIO's
cluding the SIUNA, took part in other official departments, such as
the Maritime Trades Department.
Approximately a third of the
SIUNA's total membership is af­
filiated with the department.
Among the other unions covered
are the Hotel &amp; Restaurant Em­
ployees, Bakery &amp; Confectionery
Workers, Distillery Workers and
Retail Clerks.

ICC's Report
To Congress
Misses Boat

WASHINGTON—A new report
of the Interstate Commerce Com­
mission is full of information about
the state of transportation but again
offers no new ideas to improve it.
Instead, it merely renews a series
of le^slative recommendations
made unsuccessfully one or m.ore
times in the past.
In its latest report to Congress,
the ICC again offered its proposal
to eliminate the shipping indus­
try's exemption from rate regula­
tion on bulk commodities. The sug­
gestion would accomplish a similar
purpose as the Administration's
plan last year to extend the ex­
emption to the railroads.
New Proposal
The only new proposal the ICC
makes is an attempt to get rid of
one of its present jobs. ICC wants
to be relieved of the duty to set
standard time zone boundaries be­
cause, it says, "transportation
problems are only a small part of
the complex matters which must
be considered in fixing or changing
the boundaries of the zones."
Its report also notes that al­
though mergers are the trend cur­
rently among railroads, the reverse
has been true in the motor carrier
industry. Expansion programs un­
dertaken by motor carriers in the
1950's have about been completed,
the agency says.
US domestic water carriers last
year strongly attacked two trans­
portation bills that would have
provided the railroads with a dis­
tinct edge over shipping. They
cited past actions of the railroads
in selectively cutting rates as a
means of wiping out water com­
petition, and said the same thing
would occur if the railroads gained
a new exemption.

SIU
MEMBERSHIP
MEETINGS
NEW YORK, January 7—Chairman.
Earl Shapard; Secretary, Edward X.
Mooney; Reading Cierk, Angus Campbeil.
Minutes of all previous port meetings
accepted. Executive Board minutes of
December 17 presented. Port Agent's
report on shipping accepted. Due to
presence of the President in Canada, the
chairman gave his report covering Upper
Lakes Shipping beef. MSTS and MTD
organizing, ILA strike, oceanographic
vessels and other new companies. Report
carried unanimously. Secretary-Treasur
er's report on SIU financial affairs was
carried unanimously. Welfare services
report presented. Meeting excuses re­
ferred to Port Agent. Auditor's reports
accepted. Seven-member appeals commit
tee elected on appeal of John Cole from
findings of trial committee in the Port
of New York dated October 9. Total
present: 365.

t

J*

Pare Fir*

LOG

S"

PHILADELPHIA, January 6—Chairman,
Frank Orozaki Secretary, S. Zubovlch;
Reading Clerk, Charles Stansbury. Pre
vious port minutes accepted. Port Agent
reported on shipping. ILA strike, blood
bank, Christmas dinners,
petroleum
workers' strike. Report accepted. Presi­
dent's December report accepted. Audi­
tor's reports accepted. Discussion in
good and welfare on meal books and on
member laid off during ILA strike. Total
present: 112.

BALTIMORE, January 9 —Chairman,
Rex E. DIckay; Secretary, Ralph Nay;
Reading Clerk, Tony Kastlna. Minutes of
previous port meetings accepted. Port
Agent discussed shipping and strike con­
ditions. Report accepted. President's re­
port for December accepted. Communi­
cation from headquarters regarding ex­
tension of shipping cards during ILA
strike accepted. Meeting excuses referred
to dispatcher. Auditor's reports accepted.
Total present: 312.

(OrnVTI^BlDO^k

Six New SIU Pensioners
Total 200 Years At Sea
Taboda

Zohiii

Bogren

Howell

Six SIU oldtimers are the first to join the ranks of Union
pensioners for 1963, bringing the total number of-SIU men
receiving benefits of $150 per month closer to the 300 mark.
The new pensioners have a"*"
combined total of nearly 200 36 years at sea.
Born in Norfolk, Howell joined
years at sea.
the Union 17 years ago in New
Seafarers in the latest group of York and sailed in the deck depart­
pensioners include: Algot Bogren, ment. He paid off his last vessel.
60; William H. Howell, 71; Andres
Juan Menendez, 67; Juan Patino
Taboda, 67; Edward J. Taylor, 60,
and John Zohill, 66.
Bogren was born in Sweden
where he became familiar with the
sea. He began shipping with the
SIU in 1941, signing up in Balti­
more, where he now makes his
home. Sailing with the deck de­
partment, he paid off his last ship,
the Marore (Ore Navigation), last
Menendez
Taylor
May and ended a career of over
the Antinous (Waterman), In
November, to complete over 50
years on the seas. He lives with
his wife. Ruby Marie, in Ports­
mouth, Va.
A native of Spain, Menendez
joined the SIU at Tampa in 1947
in the engine department. A vet­
eran of more than 50 years of
seatime, he was on the Niagara
WASHINGTON —Higher prices (Sea Transport) his last time out
for services were the major factor in November. He now resides in
in the 1.2 percent rise in the con­ Texas City, Texas.
Taboda is another native of Spain
sumer price index in 1962, accord­
ing to the Labor Department, al­ who started shipping with the SIU
though higher food and used car over seventeen years ago in the
engine department. He paid off
prices were contributing factors.
The 1962 price picture showed his last ship, the John C. (Atlantic
an average rise of one-tenth of one Carriers), in November. Now liv­
in Brooklyn, he had been going
percent a month, with about half ing
to sea nearly 30 .vears.
the total Increase occurring in the
Born in South Carolina Taylor
first four months of the year.
started sailing in the steward de­
For December, the index regis­ partment after joining the SIU 20
tered a two-tenths of one percent years ago. He last sailed aboard
drop due primarily to lower prices the Vivian (Intercontinental) and
for fresh fruits, poultry and pork. resides with his wife, Gertrude, in
However, the December drop in the Bronx, NY.
food prices was probably wiped
Zohill was born in Austria and
out in January because of the
started sailing in the steward de­
severe cold weather in Southern partment after joining the Union
fruit and vegetable areas.
in 1947. His last ship was the Mt.
The December drop in the index Vernon Victory (Mt. Vernon),
was the sharpest In four years for which he paid off last August. A
a month-to-month change and was veteran of more than 50 years at
the second monthly decline in sea, he now makes his home in
1962.
Philadelphia.

Living Cost
Upped 1.2%
Last Year

Girls Moving Topside?

New Bill Would Make
Nurses Staff Officers
WASHINGTON—^The Staff Officers Association is mak­
ing plans to organize professional nurses in all Atlantic and
Gulf passenger ship fleets, in line with a bill introduced in
the House of Representatives on January 17.
Plans of the SIUNA pursers union were being developed following
the introduction of legislation that would register professional nurses
as staff officers in the US merchant marine. The measure would amend
1939 law to make the ladies who qualify into "officers and gentlemen."
There are no lady officers on US merchant ships today in any ship­
board department. It's still a man's world topside, although many
women do serve in the steward department aboard ship as stewardesses,
waitresses and beauticians as well as nurses. The SIU currently counts
two retired Delta Line stewardesses among its active pensioners.
Under the prosposed legislation, applicants for registry would not
be required to take an examination to qualify, but would have to
furnish the Coast Guard with various proofs of experience, minimum
periods of service, citizenship, good character, etc.

�SEAFARERS

race Sis

New Domestic Trade Bill
Invites All Foreign Ships

Vacation Time

By SroNET MARGOLIUS

WASHINGTON—A bill that could remove all barriers
against Ihe use of foreign-flag ships in US domestic trades
was submitted to the House of Representatives on Januar;'
31 by Rep. Jack Westland*
Union of the Pacific, said it would
of Washington.
If passed, it would em­ be remembered when she comes

power the Secretary of Com­
merce to waive all protective
clauses for domestic US shifiping
under the Jones Act, providing an
American industry can prove that
It is losing a substantial portion of
its business to foreign competitors.
The bill would amount to a
wholesale extension of the recent­
ly-voted amendment to the Jones
Act in favor of US Pacific North­
west lumber producers. The
amendment, which has already
been allowed to cover Southern
lumber growers also, permits the
use of foreign shipping in the
Puerto Rico trade if space on
American ships is not "reasonably
available." The first lumber ship­
ment to be transported under the
Jones Act suspension is due to
move from the West Coast on a
Japanese ship, the Taian Maru,
next month.
Meanwhile the Maritime Trades
Council in Portland, Oregon, home
state of Sen. Maurine Neuberger,
who sponsored the legislation that
led to the Jones Act revision late
in the last session of Congress,
has sharply criticized her action.
Frank Fellows, MTD council presi­
dent and port agent for the Sailors

up for reelection in 1966.
The council's protest came In
the course of its annual election
meeting, at which officers were
named for 1963. Besides Fellows,
others reelected were Hugh "Pat"
Keogh, Marine Cooks &amp; Stewards,
financial secretary; and G. W.
Royer, Laborers, and Harry Wil­
liams, Firefighters, delegates to
the County Labor Council. R. N.
"Bob" Sweeney, Marine Firemen's
Union, was elected vice president.
The council has 15 affiliated unions
in the Portland area.

Beware The Racket in Seat Beits

Big payoff for Seafarer
Kenneth E. Sterner, AS off
Coastal Crusader (Suwan­
nee), is $917.27 SlU vaca­
tion check covering over a
year on the same vessel.
All Seafarers now qualify
at annual rate of $800.

Exam Deadline Looms
For '63 SlU Awards
Seafarers or their children who are eligible to compete
for one of the five annual $6,000 SIU scholarship awards may
still be able to get in under the wire for the 1963 awards if
they act right away.
|
is March 2, but those who
There is one more college date
are otherwise eligible and can
Entrance Examination Board get the necessary documents

test given before the 1963 awards processed in time may still be
are made this spring. The test able to take the exam. The test
is given throughout the country.
The SIU scholarship program,
SIXT SOCXAXi SECVAUTV
regarded as one of the most gen­
erous in the US, Is open to Sea­
farers who have a minimum of
three years of seatime or to SIU
youngsters whose fathers meet the
seatime requirement.
Winners are chosen on the
Cash Benefits Paid — December, 1962
basis of high school records and
AMOUNT PAID other scholastic activities plus
CLAIMS
$ 58,651.03 their score on the CEEB exam.
6,641
Hospital Benefits
52,944.66 One scholarship of the five given
19
Death Benefits
52,800.00 each year is reserved for an ac­
352
Pension-Disability Benefits
8,012.85 tive Seafarer who qualifies. Those
41
Maternity Benefits
interested should contact the near­
59,269.60 est SIU hall promptly.
470
Dependent Benefits
3,921.29
350
Optical Benefits
Qnall^ing Exam
30,177.00
3,831
Out-Patient Benefits
Meanwhile, theAFL-CIO depart­
381,786.25 ment of Education advises that
1,495
Vacation Benefits
the National Merit Scholarship
TOTAL WELFARE, VACATION
Examination
will be given on
$647,562.68
13,199
BENEFITS PAID THIS PERIOD ....
March 5 in most US high schools.
This exam must be taken when
students are juniors in high school
in order to qualify them for the
annual AFL-CIO scliularships and
December, 1962
for the more than 1,000 other
scholarships
given by the Nation­
TOTAL
Children
Wives
Seamen
Port
al
Merit
Scholarship
Corporation.
131
15
28
Baltimore " "
In some schools the test will
108
3
2
Houston
not be administered exactly on
the fifth of March but within a
9
49
5
Mobile
few days before or after that date.
262
6
11
245
New Orleans • •
Students should check with their
408
36
21
351
New York ••••
school counsellors for information.

•:f.-

BTyuj:Tiw BOARD

SIU Welfare, Vacation Plans

SIU C//nic Exams—All Ports

Philadelphia *'»••••##

20

10

59

TOTAL

98

68

1,017

SIU Blood Bank Inventory
December, 1962
Port
Boston .......
New York ....
Phfladelphia ..
Baltimore ....
Norfolk
Jacksonville ..
Tampa
Mobile
New Orleano .
Houston
Wilmington ..
San Francisco
Seattle
TOTALS

Previous
Balance
7
24
47
62
15
34
6
12
86

&gt; o o « •• a I

•• •

7
10
15
826^

Pints
Credited
0

2m

Pints
Used
2
4

2
0
0
0
3
3
0
0
3
1
41

0
0
0
0
0
0
0
0
8

P
14

TOTAL
ON HAND
5
481/4
49
62V4
15
34
6
15
89
1V4
, 7
5
16
3531/4

Wtlbnuxr 8» 196S

LOG

Apply For S&amp;A
Within 60 Days

Seafarers are reminded that
in order to be eligible for $56
weekly Sickness &amp; Accident
welfare benefits they must sub­
mit their S&amp;A claims within
60 days of the date their in­
jury or illness is incurred.
They should also make certain
they have filled out their ap­
plications completely, making
full mention of the circum­
stances involved in their case.
This will simplify checking
and processing of applications
whether a Seafarer applies at
headquarters or in the out. ports. All payments are han­
dled in the same manner as
SJU Vacation Plan benefits.

High-pressure sellers In a number of areas are exploiting the grow­
ing interest in car safety belts by selling substandard belts for as little
as $3. The substandard sellers trying to take advantage of the belt
boom include at least one heavily-advertising auto-accessory chain, and
also some Independent cut-rate service stations and accessory shops.
One of the major tricks, this department has learned, is that the
substandard sellers label their equipment as "Meets SAE Standards,**
when actually only the bolt or other components may meet the SAB
standard, and not the webbing itself.
The situation threatens to get worse now that low-price Japanese
buckles and complete belts are being offered to American sellers to
sell for $2.50 to $3. A number of California distributors, as well aa
those in other areas, are reported in the seat-belt industry to be pre­
paring to sell, or are already selling, the low-priced Imported belts, or
belts using cheap imported buckles.
The problem of substandard "safety" belta that aren't really safe has
arisen because of the lack of adequate policing, although a number of
states now have laws that belts must meet adequate standards.
The Queens County, New York, district attorney also has moved
against sellers who advertised children's restraining harnesses as "seatbelt" harnesses. A bill recently introduced into Congress by Rep. Ken­
neth Roberts, of Alabama, would |
set standards for seat belts shipped
or sold in interstate commerce.
Seat belts, on the whole, have
been recommended by most au­
thorities as a valuable safety de­
vice. A number of consumer co-op
organizations similarly are en­
couraging use of the belts.
By 1965, all new cars registered
in New York State will have to be
equipped with at least two safety
belts in the front seat, and other
states are expected to enact similar
requirements. All 1962 and later
cars already are equipped with
threaded holes for receiving the
seat-belt attachment fittings, al«ui.n
though the belts themselves still
are optional equipment at an extra
cost.
Until the Roberts bill is passed, and even after because of policing
difficulties, ear owners who want to install belts need to make sure
that belts meet standards set by GSA (General Services Administration)
and SAE (Society of Automotive Engineers). What's important to
check is that the package speclfiea that the entire equipment including
the webbing meets these standards, not merely one of two components.
The SAE standard specifies that the webbing should be able to wlithstand stress of not less than 4,000 pounds, and should not be less than
1% inches wide. The belts should be attached with 7/16-inch bolts using
reinforcing plates.
These are the basic specifications. But most of the good-quality
belts on the market exceed these specifications, and are tested to ex­
ceed 5,000 pounds of strain. All-nylon is considered the superior web­
bing. Some of the cheaper belts are made of a blend of nylon and
rayon or other fibers.
Not only should the webbing be at least IH inches wide, but it
should be at least .065 inches thick. You can't measure this without a
micrometer but, in general, the standard manufacturers advise, the
belt should have body and be hard to crinkle. Avoid any belt that seems
limp or soft. (Rub a dampened white handkerchief against the belt to
make sure color doesn't come off—not as a safety device but to protect
your clothing.)
Two types of buckles are available—metal on metal, and the camtype in which the belt is threaded into the buckle. While some good
belts do have the cam-type, in general the experts we consulted consider
the metal on metal superior. This type is considered stronger and also
provides for quick release with one hand. In the cam-type you would
need to thread the webbing out ef the buckle in an emergency. There
is some possibiliW that the teeth of the cam-type can Jam into the
webbing, and also can serrate it from continued use.
Because some belts have been criticized as inferior, the American
Seat Belt Council also has instituted a testing program, and belts
made by its members are labeled accordingly. However, some manu­
facturers ol good-quality belts do not belong to the Council. Their
belts will not carry the Council seal but will be labeled as meeting
the GSA and SAE specifications..
Can you really get adequate seat belts installed for as little as $3.33
each, as one chain recently advertised? Most experts we consulted
think otherwise. Most of the standard-quality belts cost In the neigh­
borhood of $10 plus installation. A few large sellers offer belts meet­
ing the Government and SAE specifications for as little as $6.
Installation, even in pre-1962 ears, preferably should be done by
professional mechanics, to make sure you don't drill into a brake line
or wiring, and also to make sure, on older cars, that there is a sizable
amount of uncorroded metal available- for secure anchorage. While
one industry representative-found service stations charging anywhere
from $2.95 to $12.95 for Installing two front-seat belts, the time in­
volved is less than 15 minutes per belt for pre-1962 cars and only a
couple of minutes for the newer cars.
One of the largest manufacturers advises that installation should
cost only $1.50 to $2 per belt, including fittings, for pre-1962 models,
and $I to $1.50 on 1962 and '63 cars.
Prices charged by car manufacturers for seat belts ordered as op­
tional equipment are reasonable. Even if you pay fuU list, the price
usually ia $17 - $18 for two front-seat belts, or about $33 for four belts,
including two in the rear seait. Thus belts ordered with a new car
usually cost less than buying and installing them later.

�1^-

fWtowcr 9, IMS

SEAFARERS

Fag» Serea

LOG

Pennant Aids Tiny Nina II

SEAFARERS GIVE 'COLUMBUS' A LIFT

Joseph B. Logae, MD. Medical Director

Animal Diseases Are Our Problem, Too
Some of the more tronblesome animal and plant diseases seem far
removed from man, but have very serious effects on millions of
humans all over the world. The "Navy Medical Newsletter" details
some of these problems, which are not as remote from our interests
as they might seem.
For example, DID YOU KNOW . . .
That foot and mouth disease, or aftosa, is one of the most ruinous
of animal diseases? It has ravaged herds all over the world, afflicting
cattler buffalo, camels, sheep, and goats. Losses incurred in Europe
as a result of the great outbreak in 1951 amounted to over $600
million. In many countries, the massive slaughter of animals in
infected areas is the usnal method of stopping the spread of the dis­
ease. This is often combined with vaccination for control. Man is
mainly affected by the loss of animal protein in the diet.
That ticks can spread a large number of virus and bacterial diseases
among animals, particularly sheep? Some of these diseases, such as
Q fever, can also be transmitted to man by infected ticks. Spraying
with insecticide will destroy ticks and so limit the spread of the
diseases.
That due to the virus disease known as African horse fever, from
two to three hundred thousand horses died in 1960 in an area stretch­
ing from Turkey to India? A vaccine exists, but the preparation of
5,000 doses requires as many as 350 white mice, and some 13 million
horses and mules would have to be vaccinated to halt the disease in
the infected territories. The horses of wandering nomadic tribes are
often responsible for distributing the infection.
That swine fever, a virus disease, is fatal for about 95% of the
of the animals affected? This fever, introduced from Africa, cost Spain
the amount of 500 million pesetas in 1960. One hundred twenty
thousand pigs had to be slaughtered in Spain last year. The Portu­
guese and French borders are strenuously guarded, as the virus can
be introduced into neighboring countries by stray dogs or cats, and
even by a casual or Illegal piece of sausage. Slaughter is still the
only available method at the moment to limit this disease.
That a virus disease, known as Newcastle disease, attacks hens, leav­
ing no survivors? In the past 20 years, hundreds of thousands of
hens had to be destroyed and mass vaccinations were performed in
order to keep this disease under control and avoid the complete loss
of national hen stocks in many countries. A new vaccine has been
tried out in Thailand and appears to be holding some promise.
That coconut palms are being attacked by a disease, coco fever, about
which very little is known? First, the coconuts fall to the ground,
the leaves turn yellow and drop, trunks dry up, and all the trees
become petrified. Is it due to bacteria, or to a microscopic mushroom?
Is it transmitted by wind, by water, by insects, by man? Solving these
questions is essential because the disease is highly contagious and
millions of human beings depend on copra for their livelihood.
(•Comments ond suggestions are inmted by this Department and can
be submitted to this column in care of the SEAFARERS LOG.)

If any SlU-crewed ships had been around when Columbus sailed the ocean blue, they
would have undoubtedly given him a hand, just like the SlU-manned Alcoa Pennant did
for the 40-foot Nina II, replica of the smallest caravel in Columbus' three-ship fleet, last
December,
Seafarers who talked with Catholic church in Cockburn San Juan to drop supplies by hellher crew of eight Spaniards Town, San Salvador, the crew of copter. This was ultimately done.
and one American at that time
will be glad to know she made it
on time to San Salvador, which
was her destination "by Christ­
mas." The Nina berthed Christ­
mas night and was met at the dock
by several hundred San Salvador­
eans crying "Viva Espana."
The crew came ashore dressed
in 15th centiuy seamen's costumes,
carrying ancient muskets, and
were offered wine-skins to toast
the commemorative occasion. No
one managed to drink any of it,
although plenty was spilled by
those who tried.
Following a Mass at an ancient

SIU Stewards' Program
Hears 2nd 'Graduation'

NEW YORK—The second group of chief stewards to enroll
in the SIU's Steward Department Recertification Program
are well over the halfway mark in the new six-week
refresher course for stewards ttentative schedule of courses is as
and are scheduled for "grad­ follows:
uation" on February 12. The
February 25-April S
next course is due to begin Feb­
ruary 25.
The refresher training is de­
signed to upgrade the skills of
SIU chief stewards and acquaint
them with new developments in
the fields of food processing, pack­
aging and cookery. It involves six
weeks of training sessions covering
30 working days devoted to class­
room and field work.
For the remainder of 1963, the

Port San Francisco Keeps Busy
On Young America (Waterman), Seafarers Dove Poshoff and Roy Jones, ABs, are pictured (foreground) at
payoff, as SIU Port Agent Frank Boyne (left) checks
on beef by crewmembers concerning voyage.

Sea-Land's containership Eliiobethport,
shown at Oakland, will be joined in EastWest run by sistership Son Francisco.

Framed by tank valves, trio on Notional
Defender (National Transport) includes
W. J. Tracy and George W. Hording, ABs.
In Elizabethport gal|ey (l-r) are Food Plan rep. D. Nunn, Seafarers
S. Jensen, R. Martin, T. Thompson, R. Corrolralio.
: ?!;,

ia i

!•

the Nina was further wined and
dined. After a weeks' rest, they
left the Nina there, and came to
New York, where they were feted
on January 20 by local Hispanic
societies.
When the Nina was sighted on
December 18 by the Alcoa Pen­
nant, which was San Juan bound,
the SIU vessel carried on a mega­
phone conversation with the Span­
ish crew that lasted over an hour.
The Nina reported a dwindling
food supply, mostly rice and beans
and drinking water. Since she car­
ried no radio, she asked the Pen­
nant to advise the Coast Guard at

April IS-May 24
June S-July 15
July 22-Ang^ 30
September 9-October 18
October 28-Dceember 18
The sessions involve classroom
instruction and study, implement­
ed by field trips to meat packers,
produce plants and similar loca­
tions. Developed over many
months, the new stewards school
is the result of recommendations
by a rank-and-file committee of
stewards subsequently approved
by the Union membership at SIU
port meetings. The first group of
"students" completed its work last
December.
Varied Duties
Instruction covers the varied du­
ties of a steward aboard ship in­
cluding the preparation of menus,
sanitary food preservation, keeping
Inventory, proper storing and over­
all supervisory details in the cul­
inary department.
The program received its impet­
us as a result of the feeding pro­
gram initiated in some SIU fleets
as far back as 1954 and introduced
across the board on SlU-contracted
vessels in 1959. SIU steward de­
partment personnel who have at
least three years of seatime in a
rating above 3rd cook can get
further details on taking the
course by contacting SIU head­
quarters.

US To Abandon
'Texas Towers'
The Air Force is abandon­
ing its two remaining "Texas
tower" radar stations in the
Atlantic off Cape Cod, it an­
nounced last month. Inspec­
tions have shown "extensive
erosion" of the sand and rock
around the $14-million-towers,
it said. A similar tower off
the New Jersey coast collapsed
in 1961 during an Atlantic
storm with a loss of 28 lives.
The job of providing radar
protection against low flying
planes will be taken over by
radar-equipped US aircraft,
the Air Force said.

According to Seafarers Charles
Misak and Francisco Cornier of
the Pennant's deck crew, the
Nina's personnel seemed in "good
shape." Cornier was able to take
pictures of the crew and their lit­
tle ship during their brief en­
counter.
The Pennant first sighted the
Nina about ten miles directly
ahead, but the freighter had to
make three passes at the tiny ship
before it was able to pull along­
side.
Prior to her meeting with the
Pennant, the Nina had last been
reported seen on December 12 by
search planes from the Roosevelt
Roads Navy Base. She was spotted
then about 300 miles northeast of
San Juan and 714 miles from San
Salvador. The Nina left the Can­
ary Islands last October 10 to try
to duplicate the voyage Columbus
made across the Atlantic in 1492.
San Salvador was the first place
Columbus landed in the New
World. The Nina is now up for
sale in Nassau, after completing
her special mission.

Radar Gear
Too Slow'
For Space
The top and bottom of the
amazing world we live in today
are highlighted in two "routine"
scientific announcements.
At the top is an infra-red track­
ing device to guide orbiting space
ships in "docking," as developed
by the Martin Marietta Corp. It
is a small two-part tracking unit
that may become a possible chal­
lenger to radar for contacting two
vehicles orbiting the earth at
some 17,500 naph.
Called Mirtak, the 15-pound unit
consists of an infra-red light source
and an infra-red sensitive tracker.
The tracker responds only to its
mating light source, is highly ac­
curate, and almost invulnerable
to jamming. With the tracker on
one vehicle and the flashing light
on the other, the tracker should
be able to make necessary guidance
correction to bring both together,
including "blind landings" for air­
ships.
At the bottom, trying to pin
down the effects of radiation waste
dumps on sea life, and indirectly
on man, the National Academy of
Sciences and the National Research
Council recently studied the dis­
posal of packaged, low-level waste
radioactive materials off the
Pacific Coast. They found offshore
Pacific waters can take a lot more
low-level radioactive "junk" be­
fore contamination of sea life even
becomes remotely dangerous, as
long as recommended limits are ob­
served in salting away radioactive
materials. Some of the dump sites
are over 2,200 fathoms deep, but
the scientists suggested monitor­
ing systems should be set up any­
way, for safety's sake.

^ KnowI -

' rofUBWS'

�SEAFARERS

nee Beat

Fcbmanr 9, IMS

LOG

One-Way Sea Lanes Asked
For English Channel Tralfic
Joe Algina, Safety Director
LONDON—proposal has been advanced by a working group from several Euro­
pean maritime countries to set up a system of traffic regulation in the busy Dover StraitEnglish Channel area by establishing one-way sea lanes to separate the main streams of Use Your Head—Wear Safety Gear!
Personal protective equipment is chosen to given reasonable protec­
traffic heading north and
tion
for the conditions under which It is to be used. To be effective,
tributed to an increase in maritime of traffic, would allow for south­ personal protective equipment must be worn. Aa with false teeth,
south.
The lanes would be dotted traffic, a ship's ability to navigate bound traffic oneway along a spe­ eyeglasses and hearing-aids, it may take time and effort to get used to

with navigational and buoy mark­
ers at specified intervals, accord­
ing to a report in "Fairplay," the
British shipping journal. The pro­
posal has been offered as a means
of reducing the hazard of colli­
sions in the area.
Study Cited
"Fairplay" cited a study showing
that half of the world's shipping
collisions take place in an area be­
tween the English Channel and the
Elbe River, and that most of the
accidents involve vessels meeting
head-on, or nearly so.
The number of collisions is at-

Gov't Jobs
Boom Yard
In Mobile
MOBILE—Two US Government
contracts totalling nearly $3 mil­
lion have been awarded to the
Mobile Ship Repair Company
here. The work is expected to
keep members of the SIU United
Industrial Workers at the repair
yard wjorking for many months
ahead.
The larger of the two contracts
is for $2.5 million and will go to­
ward the construction of five miv
cellaneous US Navy vessels. The
other contract, for $499,556, was
awarded to Mobile Ship Repair by
the US Coast Guard for the con­
struction of a 100-foot, 600-horsepower, twin screw buoy tender.
Work Started
Work on the tender started at
Pier C, Alabama State Docks on
the first of January and is ex­
pected to be completed in seven
months. The vessel will have a
beam of 22 feet and will be con­
structed of steel and aluminum.
When completed, the buoy ten­
der is to be assigned to the Great
Lakes area.
Last year. Mobile Ship Repair
was awarded another large Gov­
ernment contract covering postshakedown work on the US Navy
tanker Kaskaskia, a fleet oiler.
Work on the vessel was completed
several months ago and it Is now
in service supplying fuel for large
Navy tankers.

at will and the misinterpretation
of radar signals. At the same time,
the added accuracy of vessel navi­
gation has altered the pattern of
traffic and produced smaller areas
where shipping routes join together.
Two solutions to the problem of
collisions were proposed. One sug­
gestion was the creation of several
two-way lanes. The second, which
received almost unanimous accept­
ance, would designate onr - way
channels as the best means to avoid
collision.
The recommended tracks, de­
signed to separate'the main streams

Win New Pact At Yankee Plant

SIU shop stewards are pictured at Yankee Plastics Com­
pany plant in Shenandoah, Pa., where SIU United industrial
workers completed new contract talks this week. New
agreement climaxes 55-3 vote for the Union in National
Labor Relations Board election. Pictured (l-r) are Sam
Lombard, Tom Mundy, chief steward John Cuff and Robert
Muscovoge.
STEEL ARCHITECT (isthmian), Nov.
23—Chairman, James O. Bruso; Sec­
retary, Egbert W. Gouidlng. Ship's

delegate reported one man left in
Calcutta due to illness. George Mattalr elected new ship's delegate. $30
in ship's fund. Vote of thanks ex­
tended to steward department for the
spread put out on Thanksgiving Day.
PRODUCER (Marine Carriers), Dec.
16—Chairman, James B. Lee; Secre­
tary, Ray H. Casanova. Ship's dele­
gate reported some men were logged
for not performing duties. Need an­
other deck maintenance so that chief
mate wiU not have to work on deck.
Ship has not received LOGs nor any
library for five months. No patrolman
aboard at sign-on in New Orleans.
Vote of thanks to steward depart­
ment for job well done.

Ship's delegate reportejl no major
beefs. Discussion on ship being sougeed. Vote of thanks to steward de­
partment for nice Thanksgiving din­
ner.

IN mriiMiRB
J;'i 5.1^I-I
J1

BARBARA FRiETCHIE (Liberty Nav­
igation), Sept. 9—Chairman, C. Quinnt;
Secretary, J. H. Shearer. Ship's dele­
gate reported that most of the repairs
were taken care of. Vote of thanks to
entire steward department for the
best Thanksgiving dinner and to the
captain for favors and privileges dur­
ing the voyage. Received no LOGs or
communications during this ZVi-month
voyage. Discussed leaks in the boat
deck and need of a new refrigerator
for crew mess.
STEEL EXECUTIVE (Isthmian), Nov.
4—Chairman, Carl Lawson; Secretary,
C. R. Wood. Ship's delegate reported
crew deeply grieved to learn of the
death of Brother Claude Simmons.
Member of crew hospitalized in Hono-

wearing some items for personal protection. The time and effort aro
worthwhile, however, when you consider the severity of the injuries
that can be prevented by wearing this equipment. Eye protection
may prevent loss of an eye, and a face shield can forestall severe
burns.
HEAD PROTECTION. Protective hard hats especially protect the
skull from falling materials, tbols, and other objects. They also pre­
vent injuries from raising the head and hitting it against sharp edges
and pointed corners. This gear is often made of a composition mate­
rial which is water-resistant, nonconductive and has a high resistance
to impact. Metal hats are also available, but should not be worn
where there Is danger of electrical contact.
The hat is supported away from the head by an adjustable cradle or
hammock attached to the headband. This arrangement cushions blows
and prevents injury to the head or neck. Without it, the hat
is of little value. Hats also may be fitted with liners for warmth dur­
ing cold weather.
Protective caps are sometimes preferred for working in confined
spaces. In addition, reflecting material is sometimes attached to the
hats to increase the visibility of the wearer in darkness.
EYE PROTECTION. Eye injuries from flying chips of metal, rust,
nails, abrasive grits and similar objects can be avoided. The follow­
ing kinds of eye and face protection have been developed for various
needs;
Cup goggles are worn for protection against the heavy impact of
large particles. The hardened glass lenses give protection ^rom flying
materials and must withstand the impact of a steel ball weighing 1.56
ounces dropped from a height of 50 inches.
Safety glasses are commonplace aboard ship these days, and are very
suitable for protection against small flying particles both from the
front and sides. They are available with filter, lenses for protection
against reflected light, harmful rays, and glare. They also come
with prescription lenses for those who wear glasses all the time.
One of the principal problems involved in the use of safety goggles
of all types is keeping them clean and free from fogging. Soft tissue
and a ^ot of cleaning liquid can take care of this, since the glasses
are of limited value if they don't give you proper visability all around.
FACE PROTECTION. Plastic face shields provide the same protec­
tion as plastic eye shields and in addition protect against splashing
liquids. Face shields are made of. transparent plastic, have adjust­
able headbands, and are designed so that the shield can be pushed
up away from the face.
Combining all three elements, welding helmets, shields and goggles
protect against light particles, molten metal and harmful radiation,
such as are encountered in welding jobs. Safety glasses with side
shields should be worn under the helmet to protect the eyes when the
helmet is raised.
(Comments and stiggestions are invited by this Department and can
be submitted to this column in care of the SEAFARERS LOG.)

lulu and is recovering. Movie pro­
jector repaired in Honolulu at a cost
of $53.80. $9.60 in ship's fund. Crew­
men wiU donate $f each to cover cost
of repairing projector. Vote of thanks
to steward department for a fine job.

Johnson. Ship's delegate suggested
that the patrolman have a talk with
the captain regarding repairs. No
beefs reported by department dele­
gates. Crew requested to keep laun­
dry room clean at aU times.

ROBIN LOCKSLEY (Robin Line),
Nov. 10—Chairman, Willie Waikeri
Secrafary, Gerald Hebert. $29 in ship's
fund. No beefs reported by depart­
ment delegates. Suggestion that board­
ing patrolman see company about
getting coffee mugs for crew.

OCEAN DINNY (Maritime Overseas),
Dec. 8—Chairman, Bill Howe; Secre­
tary, S. Rothschild. No beefs re­
ported. Discussion on locking pas­
sageways in foreign ports to try to
keep longshoremen out. Motion to
have patrolman from San Francisco
board ship on arrival to check items
short in steward department

ROSE KNOT (Suwannee), Nov. ItChairman, W. H. Harrell; Secretary,
Wesley Young. $1.83 in ship's fund.
Some disputed OT in stewards depart­
ment. No LOGs nor communications
received during this seven-month
voyage. Discussion regarding ship's

ALCOA RUNNER (Alcoa), Nov. 35—
Chairman, C. L. Strlngfeiiow; Secre­
tary, Ralph Taylor. Few hours dis­
puted OT in engine department. Mo­
tion for allotments to be made for
the next voyage. Captain not giving
enough money on draw. Vote of
thanks to steward department for the
good service and food.
GLOBE CARRIER (Maritime Over­
seas), Nov. 25—Chairman, Joseph McAndrews; Secretary, W. J. Williams.

: WRTC/CALL

cified route paralleling the English
shore, and for northbound traffic
to work along the French coast.
More ships apparently use the Eng­
lish side in preference to the Con­
tinental side of the Strait because
it is better marked. Remarking of
the area and shifting of naviga­
tional aids would be a necessary
part of the entire traffic scheme.
The report is now to be sub­
mitted to the Inter-Governmental
Maritime Consultative Organization
of the United Nations for consid­
eration by its maritime safety com­
mittee.

TAMARA G U I L D E N (Transport
Commercial), Nov. 11—Chairman, Irvin
Glass; Secretary, Joe Powers. One

oiler missed the ship in Houston. $8
in ship's fund. The entire crew gave
the chief steward, chief cook and the
steward department a vote of thanks
for the good food and service.
BULK LEADER (American Bulk),
Nov. 18—Chairman, John Zlerels; Sec­
retary, M. F. Kramer. Two men in

deck department missed ship in
Santos, and one in engine depart­
ment. M. F. Kramer was elected to
serve as ship's delegate. No beefs
reportd.
,1

. K'l iviiij'fia

delegate calling hall upon arrival In
regard to being relieved or paid off.
TRANSGLOBE (Hudson Waterways),
Dec. 12—Ciiaiiiiiaii, Frank Adklns;
Secretary, S. U. Johnson. Ship's dele­
gate thanked all members for the
services rendered to the children
from Orphanage at St. Nazaire,
France. Damage caused by sanitary
line break in steward department
quarters to be taken up with board­
ing patrolman.
NATALIE (Maritime Overseas), Nov.
35—Chairman, Robert W. Ferrandiz;
Secretary, Jerry Miller. $11 in ship's
fund. No beefs reported by depart­
ment delegates. Jerry Miller elected
new ship's delegate. An extra vote of
thanks to the steward department for'
the excellent Thanksgiving dinner
served under very adverse conditions.
PENNMAR (Calmar), Dec. 7—Chair­
man, Walcy Thomas; Secretary, J,

U. .

; i f i 5i

ORION PLANET (Orion), Nov. 23—
Chairman, Tony Novak; Scretary,
J. A. F. Denais. Discussion on writing
a letter to headquarters regarding
meat purchased in Singapore. Re­
quest someone to meet ship in Ha­
waii to check shortages and quality
of meat. $12.35 in cash in ship's fund
and $1.25 in stamps. One man in
engine department hospitalized in
Karachi. Poor slopchest aboard.
ALCOA PENNANT (Alcoa), Nov. 18
—Chairman, S. Steeber; Secretary, F.
Cornier. Department delegates re­
ported everything running smoothly.
Mariano Arrayo was elected to serve
as ship's delegate.
Discussion on
shortage of fruits during trip. Matter
of steward department man being
switched to be taken up with patrol­
man in PhUadelphia.
FANWOOD (Sea-Land), No dateChairman, Johnnie Hoggle; Secretary,
Ralph TIndeli. Ship's delegate re­
ported everything running smoothly.
t f S t » .(•&lt; • 5 s 4 '

Two men missed ship. Discussion re­
garding no mail being delivered to
ship by agent in Puerto Rico. Motion
to see about having a phone on ship
in Newark so that members can
check on sailing time. Discussed col­
lection for the family of Sonny
Simmons.
NIAGARA (Sea Transport), Nov. 34
—Chairman, A. Milne; Secretary, C.
Shirah. Ship's delegate reported on
contaminated water and stated that
bad meat boxes are causing loss of
meat. No • beefs reported by depart­
ment delegates. Vote of thanks to
steward department.
SHORT HILLS (Sea-Land), Dec. 1—
Chairman, Art Gilliland; Secretary,
Lee • de Parlier. Ship's delegate re­
ported everything running smoothly.
Crew requested to clean up in the
morning. Took up mail service with
patrolman in San Juan. Gangway
beef still unsettled. Longshoremen
to be kept out of messroom, and sign
will be posted to that effect.
PENN EXPLORER (Penn), Nov. 35
—Chairman, M. J. Weils; Secretary,
W. R. Gammons. Crew asked to keep
all doors locked while in Port Said
and India. Vote of thanks to steward
department for job well done and
also to the baker for the fine pastry.^
Fresh water to be checked. See what'
can be done about salty water for
bathing and washing of clothes.
SEATRAIN GEORGIA (Seatrain),
Dec. 23—Chairman, Roberto Hannibal;
Secretary, L. Hopkins. Ship's delegate
reported one man missed ship. $20
in ship's fund. Everything running
smoothly. Poor LOG distribution to
this ship.
MT. RAINIER (American Tramp),
Dec. 15—Chairman, D. Hartman; Sec­
retary, S. Sink. Motion made to have
clothes dryers on all contracted ves­
sels. Motion to ask captain to have
draw money ready on arrival. New
icebox needed for crew messroom.
PEtlN VANGUARD (Penn Shipping),
Nov. 4—Chairman, William O'Connors;
Secretary, H. E. Rosecrans. $4 in

ship's fund. No beefs reported by
department delegates.

�/
PtWoaiy S. INS

SEAFARERS

Page Nfn«

LOG

SS Mankato Victory
Home From EuropeSailing To Far East
Returning from a trip to Itoly, Spoin and France,
the SlU-manned Mankato Victory (Victory Car­
riers) had to wait out the end of the longshore
strike in the Bay Ridge flats before she was able to
dock at Erie Basin, Brooklyn, lost week. Seafarers
reported a pretty smooth trip back from Europe
when they paid off January 30 and the vessel was
finally able to unload her cargo.
The Mankato left again on February 3 heading
south, with a couple of stops scheduled first at
Philadelphia, Norrolk and then in San Francisco
when she hits the West Coast. She'll then head
out for several Far Eastern ports this time, including
Yokohama, Japan, and Pusan and Inchon, Korea.

Visited in engine room, Bob Michoels. oiler, was on
the job checking and securing valves.

Securing lines, Seafarer James Flonogon, AB (left), gets assist from Joe
Qirarteraro, OS, out on deck. Longshoreman looks on.

Scene in galley on Mankato pictures (l-r) Cervondo Costro, MM; Anthony Schiovone, chief
cook; Regino Vosques, pantryman, and Joseph M. Goiiiord, 3rd cook.

SlU Patrolman Charlie Scofield brought crewmembers up to date on Union news during ship's
meeting held while Mankato was at Erie Basin.

Foc'sle confab features (l-r) C. Mozok, Joe Jomes,
M. Kerngood, C. O'Brien.

Joo Quorteroro, OS (left), signs payroll receipt, while (at right) J. R. Andolsek, oiler; J. Meeks, FWT, and other Seafarers wait their turn.

�Febnuiy t. un

SEAFARERS LOG

Seas^ Loose
Cargo Mar
Maiden Run

Cliff Wilson, Food and Ship Sanitation Director

HALIFAX—Heavy Atlantic seas
took their toll of cargo aboard the Temperatures In The Vegetable Box
The days when scurvy was the terror of the sea are long past duo
Sru-manned freighter Bridgehampton (Bull) recently, on her maiden to the use of fresh fruits and vegetables to round out seamen's diets
and provide the vitamins necessary to prevent this disease.
trip bound for Iran and Indie.
Refrigeration has been the answer to the problem. With the
The 15,947-ton vessel was forced
proper
refrigeration, enough fresh fruits and vegetables can be stored
to put in at this port after her
cargo of 400 jeeps and steel girders to supply the crew with sufficient vitamin C for the longest voyages.
Fruits and vegetables are susceptible to damage from either too
broke loose and she had to return
here for the safety of the ship and much or too little refrigeration, however. If too high an average tem­
perature is maintained in the vegetable box, the commodities will tend
its crew.
to ripen too rapidly and then rot. Under too low a temperature they
Jeeps Crushed
will freeze and become damaged, some beyond future use.
The jeeps, to-be delivered to the
These provisions vary in their susceptibility to cold damage. Some,
Imperial Iranian Army, hurtled for instance, are hardy enough to withstand repeated freezings with­
about the hold as the ship rolled out too much damage being done. Others, such as tomatoes, will be
and tossed in the big ocean swells, ruined by even one slight freezing.
becoming crushed and twisted.
For simplicity, most fruits and vegetables can be arranged into
Steel girders, sharp and deadly as three groups, as determined by their ability to sustain refrigeration
Pictured on deck of deep-sea barge Patricia Sheridan, SlU
huge knives, were tossed and damage and still remain edible and nutritious.
thrown against the sides of the
boatmen who served as negotiating committee for new
• Those likely to be injured by one light freezing are asparagus,
ship.
avocados, snap beans, berries, cucumbers, eggplant, lemons, limes,
agreement in Norfolk included (l-r) Theo Jackson, cook; J.
When unloading operations be­ sweet peppers, white potatoes,
Tinker, Jr., OS; Martin Watson, mate; Walter Pascball, firegan at Pier 31 here, the extent of summer squash, sweet potatoes, water drip or in a wet spot. Ar­
^man, and Earl Willis, OS.
the damage was estimated to be tomatoes.
range items so that they easily
many thousands of dollars. As
• Commodities that will recover can be identified.
more of the crushed jeeps were from one light freezing are such
During the voyage, cull all fruit
unloaded, the hold began to take items as apples, sprouting broccoli, and vegetables regularly, as neces­
on a battle-look. The damaged new cabbage, celery, cranberries, sary, to minimize spoilage. Be sure
jeeps' will be repaired at army grapefruit, grapes, lettuce, onions, that empty boxes and cartons are
oranges, parsley, peaches, pears, promptly removed. Inspect all
workshops in Iran.
peas, plums, winter squash.
Loaded In Lakes
items daily and be sure to use first
• The group that can be lightly those that appear to be deterio­
The Bridgehampton loaded the
NORFOLK—One of the last coastwise barge operations in jeeps at US Great Lakes ports and frozen several times without serious rating.
the Atlantic-Gnlf area was brought under contract by the took on remaining cargo at Mont­ damage includes beets, brussel Keep a daily record of tempera­
SIU Inland Boatmen's Union January 24 via a thr^year real. She was one of the last sprouts, old and savoy cabbage, tures and report excessive changes
through the St., Lawrence Seaway carrots, caulifiower, kale, parsnips, to the chief engineer for his at­
agreement covering boatmen t
before it was closed for the winter, rutabagas, spinach, turnips.
manning five ocean-going had a union as their bargaining and then ran into heavy seas and The best temperature condition tention.
Never keep bananas under re­
barges owned by the Sheridan agent.
trouble as she entered the Gulf recommended for the vegetable frigeration. To obtain the best re­
Transportation Company.
Local 333, United Marine Divi­ Stream, east of Newfoundland.
box, from all standpoints, is 33 to sults from the cold storage of other
The agreement calls for month­ sion of the National Maritime Un­ An oil tanker until last summer, 36 degrees F. This is nearest the fruits and vegetables, it is highly
ly base pay ranging from $275 for ion, lost an election on these tugs the Bridgehampton underwent a ideal temperature for most com­ important to keep the temperature
an ordinary seaman to $330 for six years ago. Another Sheridan rig reconstruction job in Hamburg, modities stored, with the exception in the place of storage fairly con­
cooks, and up to $655 for barge vessel, a Philadelphia harbor tug, Germany, converting to a bulk car­ of potatoes, which require slightly stant.
captains. It provides for an addi­ the H. J. Sheridan, has been un­ rier. She is described as "four- special treatment.
Variations can usually be pre­
tional $15 per month increase ef­ der contract since 1960.
If stored at these temperatures, vented if the storage rooms are
fifths a new ship."
fective in August, 1964. The com­
potatoes will gain in sugar content weU-insulated throughout, have
pany will also pay the costs for
at a faster rate than is necessary adequate refrigeration and if traf­
complete SIU pension and welfare
or desirable. To prevent this, they fic into these spaces is kept at a
coverage for the boatmen and their
should be stored at 70-80 degree minimum.
families.
temperatures for from one to three
(Comments and suggestions are
In addition, crewmembers aboard
weeks before being placed in the invited by this Department and
the five barges will be entitled to
vegetable box. Potatoes should not can he submitted to this column
15 days of paid vacation under the
be placed near mild fruits such as in care of the SEAFARERS LOG.)
terms of the contract.
apples, or the apples will acquire
Pact talks covering crewmen
an unpleasant earthy taste "and
aboard the company's non-self
odor.
OYSTER BAY, NY—^The HS Denison, first open-ocean On vessels where storage facili­
propelled barges were begun here
on January 18 aboard one of the hydrofoil ship is berthed at a shipyard here following a deci­ ties are limited and temperature
vessels, the Patricia Sheridan, with sion of the Maritime Administration to postpone indefinitely ranges are not ideal, it may be
the crew of the barge serving as a putting the craft into an ex-4
necessary to choose conditions that
&gt;
negotiating committee.
are
the most favorable and to
perimental commercial opera­ Vikhr has gone into service be­ takenot
The committee won its demands
these particular storage con­
In five days and then submitted tion. MA officials say that tween Yalta and Odessa, following ditions Into consideration when re­
the contract to crewmembers improvement of propellers, foils trial sails on the Black Sea.
quisitioning and, storing. Certain
Cruises At 50 Knots
aboard the other barges. Its terms and machinery would be more ad­
basic precautions can still be taken
The Vikhr can carry 300 passen­ however, to keep waste and spoil­
WASHINGTON — A Congres­
were ratified and have gone into vantageous than the commercial
gers in three compartments and age to a minimum.
sional study group has called on
effect. Crewmembers on the five demonstration of a single craft.
A hydrofoil vessel is built like has a cruising speed of 50 knots
vessels designated the SIU-IBU as
Before storing, be sure the box, the Government and the US oil in­
their bargaining agent last year. an airplane and literally files and a 500-mile range. The hull is including deck, shelves and grat­ dustry to take steps against a So­
Besides the Patricia Sheridan, across the water on two foils or of aluminum magnesium alloy.
ings, ,is well cleaned. Move old viet oil offensive that'has captured
Hydrofoil ships first took hold stock to the front of the box so a big share of Western European
the other barges involved are the legs that ride on the water.
in Italy and more and more are that it may be easily reached and markets in recent years.
Margaret Sheridan, Kathleen
Sixty Knots
Sheridan and Winifred Sheridan.
The group, composed of five
The Denison is said to be far being used in Russian ports. In used up first. Be sure the diffuser
They transport bulk cargoes such ahead of similar vessels, now op­ Hungary, a service has started on fan has been defrosted and is in members of the House Foreign
as coal and fertilizer to ports rang­ erated by Russia and Italy, in the Danube River using two 64- good working order.
Affairs Committee, made the state­
During storage, keep potatoes ments in a formal report on its
ing from Houston, Texas, to Maine speed and power. She is said to passenger craft, and plans are be­
and Puerto Rico.
have hit speeds of 60 knots an ing made for a hydrofoil service and other odor-bearing vegetables European tour last year. It issued
The vessels are converted deep- hour, according to a Government between Belgrade, Yugoslavia, and away from fruits. Don't store a preliminary report in December.
fruits or vegetables under any
«ea cargo ships towed by three announcement, in tests in Long Vienna, Austria.
In 1950, the report said, the
deep-sea tugs owned by the Sheri- Island Sound. The ship was orig­
Soviet Union was importing petro­
dan-affUiated Tug Management inally scheduled for a tryout in
leum. But by 1961, the Russians
Corporation, which signed a first- April on a run between Port Ever­
were exporting 800,000 barrels a
.
Aspirin
Prices—A
Big
Headache
time SIU-IBU contract covering the glades, Fla., and Nassau in the
day, or 24 percent of all oil they
WASHINGTON—-The
American
Medical
Association
has
issued
men aboard the tugs last August Bahamas.
produced.
a formal announcement through its offices here that all aspirin is
to follow up a unanimous Union
It said the success of Russia's
the
same
no
matter
what
price
it
sells
for.
The
statement
was
in
Now MA says that since the ves­
victory in a National Labor Rela­
drive could be attributed to three
reply
to
inquiries
made
by
Sen.
Pat
McNamara
(D.-Mich.)
during
sel
was
originally
designed
as
a
tions Board election. The contract
factors—abundant oil supplies, dic­
a hearing by a Special Committee On the Aging. The Senator
represented the first time that test vehicle, it would not be suited
tated price policies, and the will­
told
AMA
spokesmen
that
the
committee
had
investigated
aspirin
to
commercial
passenger
service
Sheridan deep-sea tugmen have
ingness of some Western govern­
prices and found that brand-name aspirin sell for as much as three
without extensive conversion. This
ments to barter their industrial
and a half times the price of less-known brands.
is estimated to cost about $600,000,
Oliver Field, director of the American Medical Association's
goods for cheap Soviet oil.
and an additional 12-month test­
Department of Investigation, said all aspirin must meet the same
"The Soviet oil offensive, being
ing period is reported to be on
requirements in order to be sold and people might as well buy the
politically directed, requires a re­
the schedule before the Denison
cheaper product. Many large manufacturers of aspirin spend
sponse on a governmental as well
can be demonstrated to the pub­
large sums on advertising in an attempt to make the public believe
as a private level," the report said.
lic.
that their aspirin is better than another. In many cases you can buy
"The private oil industry, in­
Meanwhile, the Russians, who
100 tablets of an unadvertised brand for the same price that you
cluding the Western oil compa­
claim firsts on just about every­
pay for 25 tablets of an advertised product, although both aspirins
nies, thus far has done little to
thing, may have something this
are
exactly the same.
blunt the impact of that offensive
time by way of the world's largest
in Western Europe."
hydrofoil ship, the Vikhr. The

Coastal Barges
Under SlU Pact

US Hydrofoil Trial Put Off
-Back To Drawing Board?

House Panel
Urges Curbs
On Red Oil

I

�Mnunr t, Ittt

SEAFARERS

COPE REPORT
••

r/v - .j-f'

' -'Ml «iiiii

Pace Blevca

LOG

'Surrender^ You Civilians!'

J

With little fanfare to alert tiie public, a major national organization
of state legislators has declared war on the US Supreme Court. It has
launched a three-pronged campaign to;
• Create a super court, or "Court of the Union," made up of chief
Justices of state supreme courts, with power to over-rule US Supreme
Court decisions involving states' rights;
• Reverse the Supreme Court decision in the Tennessee reap­
portionment case by declaring Federal courts have no authority to
rule on arguments concerning apportionment of seats in a state
legislature; and
• Give state legislature more power in amending the US Consti­
tution.
The campaign was formulated, and is being waged, by the potent
General Assembly of States, comprised of legislators from the 50
states. The organization apparently is under ultraconservative domi­
nation. Senates in at least two states already have approved one or
more of the three resolutions. Goal of the General Assembly' is to
have them introduced in all 50 states.
Each of the three proposals is loaded with dynamite. The first
would sabotage the authority of the Supreme Court in almost ail
controversial issues, notably school desegregation. The second would
destroy whatever potential gains may result from the historic reappor­
tionment decision of last spring, and would commit most state govern­
ments to eternal horse-and-buggy status by perpetuating rural domi­
nation.
The third would practically assure state control of constitutional
amendments. Presently, amendments must be proposed either by
a two-thirds vote of Congress or by a national convention called
by Congress at request of two-thirds of the states. Amendments then
must be approved for final adoption by three-fourths of the states
either through state legislatures or state conventions.
The General Assembly of the States wants to change this to by-pass
Congress or a national convention any time two-thirds of the states
propose the same amendment. It all sounds very technical, but in prac­
tice it could create havoc. One example of what could happen: Sev­
eral years ago two-thirds of the state legislatures approved a resolution
to amend the US Constitution by clamping a 25 percent limit on tax­
able income, obviously a windfall for the well-to-do.
They were rebuffed on a legal technicality, but such a proposal, or
something like it, could well become law before anyone knew what was
happening if the present resolution to by-pass Congress or a national
convention ever received approval.

4"

t

3^

Giving way to the driving urge for power
that seems to characterize all government
bureaucracy, the United States Coast Guard
is at it again. It is reaching out to grab tightfisted control over the jobs and livelihood of
civilian merchant seamen, an objective it has
always sought to attain.
The device used this time is like an ice­
berg, whose small exposed surface belies
what's hidden from the eye below the water
line.
Coast Guard officials certainly know about
is involved In « consilidation . . . icebergs, as the agency has manned the In­
The Hollywood AFL-CIO Film
Council has been meeting Holly­ ternational Ice Patrol for many years on this
wood producers on the possibilities side of the Atlantic, and has served a vital
of increased motion picture pro­ function in protecting ships and seamen from
duction in the United States. Job
opportunities in feature-length icy disaster. This, of course, is what the
films have been reduced in recent Coast Guard should continue to do, as one of
years by heavy production of
American films in foreign coun­ its many safety chores, and as part of its Fed­
tries.
eral Government role and its responsibility
*
«
Over 50 illegally-fired union to protect water commerce.
members who were employees of
Where the Coast Guard admirals overstep
Ozark Dam Constructors are en­ their bounds is in seeking to extend and
titled to $55,000 in back pay from
their former employers. In its broaden their role, bit by bit, until they can
third decision since the dispute reach in and check the quality of every sea­
started in 1948, the 8th Circuit
Court of Appeals in St. Louis also man's dentures to see if he's fit enough to
gave Its approval to a National handle a mooring line.
Labor Relations Board formula
This, essentially, is what the Coast Guard
under which back pay is figured.
The workers are members of build­ is now out to do, in its fashion. It is asking
ing trades affiliates of the Fort
Smith, Little Rock and Springfield for a grant of power through a so-called
(Ariz.) Joint Council . . . The "Merchant Seaman's Health Safety Act,"
American Federation of Govern­ that would give it absolute control over
ment Employees has won exclusive every seaman's right to go to sea.
bargaining rights by big majorities
The proposed legislation, introduced in the
in elections at Social Security pay­
ment centers in Philadelphia and House of Representatives by Rep. Herbert C.
Chicago and at a Marine Corps Bonner, would obligate the Coast Guard as
base in California. Units totailing the agency to set the physical qualifications
2.500 workers gave the AFGE a for civilian seamen, and to make sure that
4-1 margin in the balloting. The everybody conforms as "Government Issue"
West Coast vote covered civilian
employees at the Marine base in —GI, in short. A sailor who didn't conform
to (Government standards would be penal­
Twentynlno Palms, Calif.

Sen. Barry Goldwater's blueprint for turning back the clock includes
a fancy new twist on phony "right-to-work" laws. His latest proposal
Is to enact a national scab law and permit individual states to super­
cede it with laws allowing the union shop.
This is a-180 degree turn-about on the present Federal law under
whi(^ the union shop is legal, but which encourages states to pass
harsher legislation in the form of so-called "right-to-work." The
Arizona Republican's next idea may be to repeal the Federal Bill of
Rights, then let states pass them individually if they choose. States'
rights, you know.

Massachusetts Shoe Workers
have won a new two-year pact cov­
ering 10,000 workers in 45 plants
following a two-day walkout. Be­
sides a ten-cent package increase,
one of the two main provisions
recognizes the union's right to
strike if any company becomes de­
linquent in meeting pension fund
payments. The other welcome ad­
dition protects displaced machin­
ery operators by granting them
preference to work on new or
modernized machinery ... A five
day strike of New York millinery
workers forced an end to employer
resistance to Hatters Union con­
tract proposals. Seeking a wage
boost for low-scale employees in
the trade, the union also secured
a $2.50 raise for salaried employ­
ees and a management guarantee
of $100,000 a year for the promo­
tion of union label hatwear.

4&gt;

4*

4&gt;

The ITS Circuit Court of Ap­
peals in New York has reversed
a lower court ruling that District
65, Retail, Wholesale and Depart­
ment Store Union, could not com­
plete arbitration of issues after
Interscience Publishers merged
with the John T. Wiley Company
in 1961. The court ruled that work­
ers' rights under a collective bar­
gaining agreement continue and
are subject to arbitration even
when the employer under conti'act

ized. The shipowner who hired him likewise
would be fined.
The whole idea is a rehash of an old
scheme that was introduced by the Coast
Guard back in 1954, when it sought to do the
same thing on its own hook that the Bonner
legislation would enable it to accomplish. It
set out 60 pages of standards of "fitness"
for merchant seamen, and asked the industry
to swallow it.
At the time, nine years ago, union and
management protests over the whole un­
workable scheme caused it to be abandoned.
The idea of trying to fit seamen into a Coast
Guard-determined mold of physical, mental
and emotional standards was ill-considered,
to say the least.
It offered the means to blacklist virtually
any civilian seaman in the US merchant fleet
via Government edict. Ih its mass of detail,
with a numbering system of standards for
each shipboard rating, it would probably
have washed out a good many Coast Guards­
men, plus half the Navj', with a little effort,
if it had been applied to the men in those
military forces.
The "word" military is the clue to what
the Coast Guard tried in 1954, and is again
seeking to put over. The idea of private citi­
zens, civilian seamen, not being subjected to
a military type of control seems to upset
the Coast (Guard admirals every now
and then, and then they make their move.
The Bonner bill is the latest effort, but the
SIU, with other unions in the AFL-CIO Mari­
time Trades Department, will watch closely
the course of this proposed legislation.
All maritime unions recognize this pro­
posal as a calculated attempt by a military
group to spread its control, and to throttle
the rights of individuals and union men in
the process.

�SEAFARERS

Page Tirelve

LOG

All of the following SIU families have received a $200 maternity benefit, plus a $25
bond from the Union in the baby's name, representing a total of $5,400 in maternity
benefits and a maturity value of $675 in bonds:
Jemina Johnson, born December
Robin Elaine Young, born De­ cember 6, 1962, to Seafarer and
cember 9, 1962, to Seafarer and Mrs. Clinton M. Webb, Baltimore, 21, 1962, to Seafarer and Mrs.
Knoxie L. Johnson, Jr., Mobile,
Mrs. Marshall B. Young, Mobile, Md.
Ala.
4 4 4
Ala.
4 4 4
Cynthia Hudson, born December
3» 4Tina Marie Eagleson, born De­ 29, 1.962, to Seafarer and Mrs.
Benjamin &amp; Anthony Mignano,
cember 3, 1962, to Seafarer and Louie E. Hudson, Mobile, Ala.
born January 5, 1963, to Seafarer
Mrs. Charles B. Eagleson, Houston,
and Mrs. Benjamin Mignano, Bell4 4 4
Texas.
Robert Morrison, born December port, LI, NY.
4i
4*
4*
23, 1962, to Seafarer and Mrs. C. A.
4 4 4
Melinda Kay Carter, born No­ Morrison, Seattle, Wash.
Martin Ponquinette, born De­
vember 20, 1962, to Seafarer and
cember 27, 1962, to Seafarer and
4 4 4
Mrs. Edward E. Carter, Savannah,
Michael Kelley, born January 3, Mrs. Ernest A. Ponquinette, Los
Ga.
1963, to Seafarer and Mrs. J. F. Angeles, Cal.
4&gt;
4&lt;
4i
Kelley, Mobile, Ala.
4 4 4
Stanley Mesen, born November
Lawrence Anthony Beraacki,
4
4
4
11, 1962, to Seafarer and Mrs.
Mark E. Holley, born December born September 13, 1962, to Sea­
Fernando Mesen, New Orleans, La. 30, 1962, to Seafarer and Mrs. John farer and Mrs. Walter F. Bemackl,
4&gt; S" 4'
Edison, NJ.
S. Holley, Whistler, Ala.
Andrea Samuels, born December
10, 1962, to Seafarer and Mrs. John
The deaths of the following Seafarers have been reEverett Samuels, Mobile, Ala.
poi'led to the Seafarers Welfare Plan and a total of
4' 4" 4
$9,500 in benefits was paid (any apparent delays in pay­
Louis Garcia, born December 12,
ment
of claim is normally due to late filing, lack of a
1962, to Seafarer and Mrs. Louis
beneficiary
card or necessary litigation for the disposi­
A. Garcia, Houston, Texas.
tion
of
estates):
4' s 4 4
Lori Ann Worley, bom October
Nicholas Yacishyn, 51: Pneu­ Pilutls, of Brooklyn, survives.
3, 1962, to Seafarer and Mrs. monia was fatal to Brother Burial was at St. Charles Ceme­
Richard S. Worley, Mobile, Ala.
Yacishyn at the tery, Farmingdale, LI, NY. Total
Manhasset Medi­ benefits: $1,000.
4 4 4
Jacaueline King, born Septem­
cal Center, LI,
ber 28, 1962, to Seafarer and Mrs.
4 4 4
NY, on Septem­
Royal King, Chalmette, La.
ber 23. 1962. He
Thomas C. Riley, 52: Pneumonia
joined the SIU in was fatal to Brother Riley at the
4 4 4
Herbert McCaskey, born Decem­
1941 and sailed
Galveston, Texas,
ber 2, 1962, to Seafarer and Mrs.
with the deck de­
USPHS hospital
Earl P. McCaskey, Houston, Texas.
partment. A sis­
on December 30,
ter, Betty Wen4 4 4
1962. He had
Rudy Moreno, born December 6,
ger, of Great
been sailing with
1962, to Seafarer and Mrs. Pedro Neck, NY, survives. Burial was at
the SIU since
Moreno, Galveston, Texas.
Holy Road Cemetery, Westbury,
1953 and shipped
LI, NY. Total benefits: $4,000.
4 4 4
with the steward
James Richard La Fleur, born
4 4 4
d e p a rtment. A
December 8, 1962, to Seafarer and
Vyrl E. Williams, 53: A blood
friend, Orlund
Mrs. Hennesson La Fleur, Oberlin, ailment caused the death of
Scarpelll, of Seat­
La.
tle, Washington, survives. Burial
Brother Williams
4 4 4
was at Lakeview Cemetery, Gal­
at the Baltimore,
Janet Reno Sego, born Decem­ Md., USPHS hos­
veston, Texas. Total benefits: $500.
ber 21, 1962, to Seafarer and Mrs. pital on Decem­
Lloyd Sego, Savannah, Ga.
ber 21, 1962. Sail­
4 4 4
ing with the en­
Sharon Kaye Wroton, bom De­ gine department,
cember 17, 1962, to Seafarer and he joined the
Mrs. Norman Wroton, Norfolk, Va. SIU in 1947. His
To the Editor:
4 4 4
The increase in the number of
wife, Daisy Mae
Clayton Link Fillingim, born Williams, of
SEAFARERS LOGs has been
October 15, 1962, to Seafarer and Union Town, Pa., survives. Burial
noticed immediately with your
Mrs. Tommy Fillingim, Sr., Chick­ was at Sansom Chapel Cemetery,
first increased shipment. We
asaw, Ala.
Farmington, Pa. Total benefits;
shall wait for a month or longer
4 4 4
$4,000.
before we can better judge
Debra Bonefont, born October
whether the increase will suffice
25, 1962, to Seafarer and Mrs.
Joseph Pilutls, 48: Brother Pi­
to meet the demand.
Felix Bonefont, New York City, lutls died of natural causes at his
The Yokohama USS Center
NY.
home in Brook­
serves
approximately 7,000 sea­
4 4 4
lyn, NY, on Janu­
men
each
month, the largest
John Stringfellow, born Decem­
ary 14, 1963. He
ber 24, 1962, to Seafarer and Mrs.
percent being members of the
started
sailing
Charles Stringfellow, Mobile, Ala.
SIU and the Sailors Union of
with the SIU in
the Pacific, among them numer­
4 4 4
1940, shipping in
Elisa Jean Torres, born January
ous tankermen who miss the
the engine de­
2, 1963, to Seafarer and Mrs. AsLOG most. Then, too, copies are
partment, and
cenciou R. S. Torres, Baltimore,
had been I'eceivtaken to the men in the hos­
Md.
in g
disability
pitals and the Immigration cen­
4 4 4
benefits since
ter each month.
Robert Charles Webb, born De­ 1953. His mother, Mrs. Barbara
Incidentally, a statement in
the LOG ccmcerning our new
location in Yokohama would be
deeply appreciated. Our new
address is: 84 Yamashita-cho,
Naka-ku, Yokohama, Japan. We
are in our own building, which
is centrally heated and airconditioned.
Jack Graf
United Seamen's Service

Yokohama USS
Center Moves

4

4

4

Yuletide Spirit
Cheers 'Frisco

I

SEAFARERS WELFARE PLAN

To the Editor:
After having a big Christmas
dinner here aboard the Elizabethport in Oakland, Calif.,
most of the crew felt so lazy
from eating So much that many

Febnuuy t, 196t

Seafarers are urged at all times when in port to visit their brother
members and shipmates in the hospitals. •Visit or write whenever
you can, as you'll appreciate the same favor later when you may
be laid up. The follovnng is the latest available list of SIU men
in the hospitals around the couiitry:
USPHS HOSPITAL
NEW ORLEANS, LOUISIANA
Samuel Anderson
Terral McRainey
Orvllle Arndt
James Meeks"
Francisco Antonetti Arnold Mldgett
Samuel Bailey
Charles MitcheU
Charles Baker
Vincent Monte
Paul Barton
Rosinda Mora
Donald Brooks
Alfred Norman
William Brooks
Troy Pardue
Weldon Casey
Kenyon Parks
Mallpry Coffey
Santos Ramos
Ewal Crawford
Edwin Ritchie
Robert Creel
Aubry Sargent
Thurston Dingier
Vernon Sawyer
Leroy Donald
Clarence Scoper
O. H. Dowd
Wade Sexton
Harry Emmett
Danny Shaper
Natale Favaloro
Couie Shartzer
Eugene Gallaspy
Albert Short
Raymond Franklin William Simmons
Melvin Spirer
Clarence Gardner
Bernard Graham
Michael Sporich
Frank .Tames
Richard Stewart
Jesse Green
Claud Stroud
John Guidry
Lucien Therlot
Frank Halem
Harvey Thomas
Leo Hannon
Donald Thompson
Walter Harris
Robert Trlppe
Samuel Hurst
Joseph Vanacor
Daniel Hutto
Lambert Waldrop
Ramon Irizany
William Walker
James Jones
William Wade
Steve Kolina
Clinton Ward
L. Laffaraque
John Ward
Koa Lim
Roy Washburn
Kenneth MacKenzle Howard Waters
Cornelius Martin
Roland Wilcox, Jr.
William Mason
Wm. W. Williams
Anthony Maxwell
Harry Willoughby
Robert McClusey
Anthony Zanca
USPHS HOSPITAL
GALVESTON, TEXAS
Edward Boyd
Earl Javins
Isham Beard
Jerome Jaskolskl
Thomas Boland
Howard Lovelletta
Francis Coggins
Rafael Molina
William Davis
Pedro Moreno
Peter Dyer
Alvie Rushing
OlRdio Esquirel
Emerson Sparldlng
Robert Forman
Joseph Springer
Lawrence Floyd
Emanuel Vatls
Allison Hebert
Raymond Habeck
David Hurd
USPHS HOSPITAL
NORFOLK. VIRGINIA
Ernest Bell
Charles McNunca
John Brown
A. J. Murden
Herman Carney
Norman Power
z^-thur Cox
Ollie Purdy
Robert StopUn
Herbert Fentress
William Howell
USPHS HOSPITAL
SAN FRANCISCO, CALIF.
Stokes Ayers
Joseph Roy
Arthur Caruso
Jack Stewart
Gerald Kennedy
Luis Williams
Charles Lane
Paul Wilkinson
Milledge Lee
Calvin Wilson
Truman Palrlquln Robert White
Charles Rozea
USPHS HOSPITAL
SAVANNAH, GEORGIA
T. Beatrous
George Felnman
Henry Chemel
Malcolm Foster
John Epperson
Harris Gizzaro

hit the sack early. But Johnny
Johnson, our 3rd cook, put some
of us in his car and took us
over to San Francisco to "Con­
nies," which put out a big
Christmas dinner for many of
the guys on the beach.
Since It was an SIU hangout,
I met quite a few guys I hadn't
seen in years. "Smiling bosun"
Mike Rossi was there with a

Editor
All letters to the Editor for
publication in the SEAFARERS
LOG must be signed by the
writer. Names will be withheld
upon request.
big grin and handshake for his
old shipmates, Matty Bruno,
who is retired now, and Pat
Ryan who was on pass from the
hospital, were also there.
In all, a big vote of thanks
is due to Phil and Maxine who
made it possible for the boys
to get in the holiday spirit.
Tommy Thompson
Ship's delegate

4

4

4

Backs Strikers
On NY Papers
To the Editor:
As a reader of the LOG who
lives outside of New York City,
I know what the newspaper
strike must moan to the people
of New York. I know that if we
missed an issue of the LOG, my

Carl Jones
Manuel Slira
A. Kitchens
Tony Sosa
P. Lee
George Warner
J. Miller
James Woods
USPHS HOSPITAL
BRIGHTON. MASS.
Arthur Kavel
Levi Middlebrook
Stefan Kostegan
Daniel Murphy
Thomas Lowe
Nicholas Trovato
Llndley McDonald
Charles Robinson
USPHS HOSPITAL
BALTIMORE, MARYLAND
Charles Adams Jr, James LaGosh
Paul Bailey
Edward Lamb
Joseph Bartlett
Robert Lipscomb
Alfred Bllksvar
Jose Lopez
Gorham Bowdre
Edward Mello
Luther Bredell
Charles Most
Jacob Bryan
James Payne
Elmer Carter
Henri Robin
Russell Clymer
John Ross
Edward Denchy
Toylo Salo
Theodore Drobins
George Schammel
Crittenden Foster A. Skalamora
Gorman Glaze
Bela Szupp
Arthur Hiers
Samuel Tate
Danis Higgins
Addrian Torres
Walton Hudson
Chester Wilson
John Kennedy
USPHS HOSPITAL
STATEN ISLAND. NEW YORK
Anibal Albe
Frank Liro
Angelo Aronis
William Logan
John Barone
J. Maldonado
Conway Beard
Ramon Maldonado
Joseph Bolmarlch
Isaac Miller
Henry Bursey
Jack Olsen
A. Conquemano
Ozer Oscar
James Cooper
Metro Palubniak
Thomas Cox
Theodore Phillips
Adrian Duracher
Thomas PUklngton
James DeVito
E. G. Plahn
Victor Doca
John Rea. Jr.
Daniel Doheny
F. Reyes
George Duffy
Howard Rode
C H. Flowler
Phillip Salino
Percy Foster
Ellis Samia
Arthur Frangle
James Samuel
Frank Gallich
N. Sasloglous
Henry Gordon
Walter SirorsM
Demetrios Grivas
Joseph Smith
Walter Grohulski
James Thomson
Emilio Isaac
Ilcadlcy Whna
Edward Jones
Dale Williams
Cecil Leader
Yu Song Yee
Harry Ledbetter
Edward Zukowskl
USPHS HOSPITAL
FORT WORTH, TEXAS
Warren Alderman Arthur Madsen
Benjamin Diebler
Max Olson
Abe Gordon
Willie Young
Joseph Gross
Charles Slater
Thomas Lehay
USPHS HOSPITAL
MEMPHIS, TENNESSEE
William Roberts
SAILORS' SNUG HARBOR
STATEN ISLAND, NEW YORK
Alberto Gutierrez William Kenny
Thomas Isaksen
Ernest Webb
VA HOSPITAL
HOUSTON, TEXAS
Thomas Manlon
US SOLDIERS' HOME
WASHINGTON. DC
William Thomson

husband and I just wouldn't
know what was going on in the
Union and among his many
friends.
It seems to me a strike that's
going on for so many weeks is
a pretty serious affair to every­
body, but it must be toughest on
the workers and the businesses
that count on newspaper adver­
tising to make a living. I think
the New York publishers are
pretty calm about the whole
thing, if they can lock up the
rest of the papers after the
printers strike only some of
them.
The publishers don't get any
sympathy from me at all be­
cause they can't complain about
financial problems and then
shut down their papers to spite
everybody.
It's no wonder the printers
went on strike. The publishers
group must really be something
to deal with if they can get
away with that.
Mrs. Agnes Thomkins

4

4

4

Writes Congress
On Bonner Bill
To the Editor:
I have just completed a letter
to my Congressman voicing my
strong opposition to the "Mer­
chant Seaman's Health Safety
Act" that I read about in the
last issue of the LOG.
Alone my words aren't so
much, so let's let all our Con­
gressmen hear from "all the
ships at sea."
Gordon S. Schofield

�FetinuuT 9, U6t

SEAFARERS

Pace Thirteen

LOG

Robin Hood's Cook

There was a switch aboard the Young America (Waterman) from the usual routine
of a crew thanking the steward for a job well done. In this case, the steward, Donald For­
rest, passed on his thanks to the crew for keeping the messroom the cleanest he had ever
seen in his whole sailing ca--^
reer. The Young America sistance to help them oil their spurred the formation of a safety
on board the Penn
crew also received a message way. The Henry thus became the committee
Challenger (Penn Tanker). It was
of thanks from Mrs. Milton
Reeves, who expressed her appre­
ciation for a floral piece it sent
and for the consideration extend­
ed to her on the death of her hus­
band, Seafarer Milton Reeves, a
recently-departed SIU shipmate,

t

It looks like a tempting roast beef dinner is in store for the
gang on the Robin Hood (Robin Line), as cook James Hens
operates on the beef and steward Tony Neroso (right)
stands by with a platter. Make ours medium rare, fellows.

Seafarers'Pets Enliven
Titan's Cruise To India
Life on board the supertanker Titan (Overseas Oil) is go­
ing to the dogs lately, according to ship's reporter James M.
"Red" Fisher, Jr., but that's okay with all hands, including
the dogs.
The dogs in question are it was all over, both dogs were
again in short order.
two Doberman pinschers—a themselves
The Titan Is hauling grain to

male called "Titan" and a female
hnown simply as "Dog." They be­
long, respectively, to chief steward
Raphael Maldonado and Bill
Jones, AB, and both came aboard
In Mobile.
Room To Play
One thing about a supertanker,
Fisher says, is that a dog has

FishM'

Ringo

plenty of room to play. "Titan,"
who often stays in the captain's
quarters midships, has a huge
playground consisting of the pas­
sage ways and the weather decks
where he can enjoy his freedom
except when the ship is rolling
from side to side in heavy seas.
"Titan" doesn't like bad weather
at all, it seems. He curls up on
the captain's bunk until things
settle down.
The female has a special friend
in the dayman Tex Ringo, who enJoys playing with her by the hour.
"Dog," who is a real lady, lost her
composure only once. Fisher re­
ports, when she was frightened
out of her wits by the noise of
water and loose gear rolling from
side to side on the deck during a
little bad weather they had. Once

Pakistan, and has had fair weather
for the most part so far, which
has kept the canines happy too.
However, bosun
Jack Ryan, with
the chief mate
and dayman,
managed to get
a salt water bath
with all their
clothes on at
4 AM one morn­
ing while secur­
ing two grain
Ryan
evacuators
on
the well deck near the midship
housing.
Stfwy Time
The rough weather sparked a
session of tall tales among the men
in the messhall. "Red" told some
stories .about the "old days" when
the sea was so rough it ran over
the whole ship from port to star­
board, and even washed over the
smokestack into the boiler, com­
ing out in the hreroom. Once, he
said, a ten-foot fish was washed
down the stack with the water,
went through the boiler and came
out on the fireroom floor
plates
already cooked and seasoned to
eat.
The sea must be calmer now
than it was in the old days, the
crew agreed, because things like
that just don't seem to happen
anymore.
But as time goes on, and 1963
becomes "the old days," they all
felt they might be surprised at all
the wild things that happened on
their ships which they somehow
missed noticing at the time.

(pUFf-PUF!^

H|,0UKLY/
Atl THB(3M6 ,J
IT

J'

t

The Henry (Progress Steam­
ship) has joined the ranks of SIU
ships who have rescued refugees
from Castro's Cuba, reports D.
Wagner, ship's delegate: The
Henry picked up 14 Cubans about
40 miles north of Cuba in the
Crooked Island I'assage. They
were carried to Miami where the
Henry's officers and crew did all
they could with money and as­

Seamen's Home
Moving To NY
To The Editor:
This is to notify you that our
organization, the Christian Sea­
men's &amp; Immigrants' Home, in
Hoboken, NJ, went out of busi­
ness on September 1, 1962.
As you may know, we've been
on your mailing list of the SEA­
FARERS LOG for quite some
time, and I herewith want to

All letters to the Editor for
publication in the SEAFARERS
LOG must be signed by the
writer. Karnes will be withheld
upon request.
thank you on behalf of the
many seamen for the splendid
service ail those years.
The main reason for the
above-mentioned is to discon­
tinue sending your paper, at
least for a while, until we are
located at a place on the New
York side.
This is all in connection with
the moving of the HollandAmerican Line to the new Pier
40 at West Houston Street and
tlie North River, New York
City.
M. Vanderpot
4i

Seeks Buiid-Up
Of Merchant Fleet
To the Editor:
^
Although I am not an SIU
member, I subscribe to your bi­
weekly because for seven years
preceding my draft into the
service I'd been trying to go to
sea.
I am as aware as any, of the

fifth SIU ship to report a mercy
mission on behalt of escapees
from Cuba.

^ ft
Seafarers on the Pan Oceanic
Faith (Pan Oceanic- Tankers) had
a bad time of it in the Red Sea
when both boilers burned up. The
crew managed to make temporary
repairs to get one of them going
again, and headed for Aden, a trip
that was expected to take about
Forrest
Whiriow
ten days. With the boilers down,
crewmembers were hoping to col­
lect for lodgings and meals in suggested at a meeting that nonAden, writes James A, Pamell, skid paint be used on the decks
to prevent further mishaps. The
ship's delegate..
committee is looking into the
matter.
Several falls on slippery decks
it
if
if
apathetic regard the American
public has toward the merchant
marine and of the consequences.
We who have tried to skip all
want to see the merchant fleet
strengthened. It would create
jobs for the unemployed and,
even more important, would en­
gender an unequalled instru­
ment for the world peace that
seems to be universally prayed
for but never realized.
With this in mind, I have
written the Hon. Herbert C.
Bonner of North Carolina and
requested him to send his rele­
vant results of the Hodges in­
vestigation, together with any
of his suggestions, to your or­
gan. In this way perhaps we
can all see the problem and hov
to solve it.
PFC Robert R. Honser
Fort Carson, Colorado
(Ed. note: Private Houser is ap­
parently referring to the Mari­
time
Evaluation Committee
study of the merchant marine,
now being completed under the
auspices of Luther H. Hodges,
US Commerce Secretary. Rep.
Bonner is chairman of the Com­
mittee on Merchant Marine and
Fisheries in the House of Rep­
resentatives.)

4.

4

The crew on the Overseas Eva
(Overseas Carriers) goes on record
with this tip for Seafarers who
hit Tripoli. They advise paying
the local taxi drivers only after
you reach your destination, and
not at the beginning of tne drive,
to avoid a lot of possible trouble.
The information was passed along
to the LOG by the ship's delegate
Panl L. Whitlow.

LOG-A-RHYTHM:

Seafarer

Wife

By Mrs. C. Daniels
moon shines bright over
yonder skies.
The stars are brightly shining;
The ocean with its roaring tcaues—
For you my heart is longing.

The

To stand and watch the rippling
waves.
So beautiful to see.
And wonder just where you are,
So far across the sea.
Yet time stands still when we're
apart.
So many miles between us.
But even the sea, to you and me.
It cannot separate us.

t

Says Wife Finds
SIU LOG Best
To the Editor:
I think it would be a good
idea if you sent the LOG to my
house, as I am away a lot of the
time and my wife loves to
read it.
I have been getting the Elec­
trical Workers newspaper also
for many years but although
they send one every month my
wife really likes the LOG. She
says it's the best newspaper if
you want to learn anything
about world affairs and mother things.
B. D. Elliott

A lonesome life, a sailor's wife.
Here today and not tomorrow.
But then one thinks of his return—•
It's then worth all the sorrow.
And if we were to stop and think.
We can't all be together.
For someone has to take the task
To make this great land better.
Our rivals here or there, it seems.
They try hard to defeat us.
But with our worthy crew aboard
Trust in the Lord will lead its.
So when I pray to God each night
I know He hears my pica.
To watch and guide and bless the
ship.
That brings you home to me.

�r*g9 Fonrfeeo

SEAFARERS

On The First Day Of Xmas

LOG-A-RHYTHM:

My Country
By Henri Peroikow .
From distant lands
The people came—
They kissed the soil
And sealed a vow
For man's freedom.
Memories
Awaken Idnship
For men who carved
From the wilderness.
Freedom.
Christmas Eve found Naomi Cruz and her pet collie, Lassie,
waiting for Santa to make his appearance with more
goodies to put under the tree, h'lr dad, Seafarer Virgilio
Cruz, is now on the Alcoa Pioneer (Alcoa), in the steward
department. The family lives in the Bronx, NY.
CITIES SERVICE BALTIMORE
(CItiM Service), Sept. 30—Chairman,
A. C. Wilson; Secretary, W. F. Walker.

One man missed ship in Linden. No
beefs reported by department dele­
gates.
BIENVILLE (Sea-Land), Sept. 30—
Chairman, Harry Huston; Secretary,
Phil Reyes. Motion that no unauthor­
ized persons be allowed aboard at all
since the petty thievery in Houston.
Visitors are to get passes from ashore.
No beefs reported by department
delegates. Phil Reyes elected new
ship's delegate. Request for better
attendance at shipboard meetings.
SEATRAIN TEXAS (Seatrain), Oct.
28—Chairman, George T. Chandia;
Secretary, C. A. Collins. No beefs
reported. $21.11 in ship's fund. F.
Gustav, ship's delegate, resigned and
W. T. LaClair elected. Discussion on
water taken aboard at Texas City.
Men complain of illness from drink­
ing water. Suggestion that It be
inspected.
ALCOA PARTNER (Alcoa), Oct. 2«
—Chairman, Waiter Zaieski; Secre­
tary, T. J. Lewis. Ship's delegate re­
ported no major beefs. One man
missed ship in New Orleans.
VENORE (Marven), Dec. 2—Chair­
man, Stanley M. Woiton; Secretary,
H. Buckner. No beefs reported. Tele­
vision repair fund is now $25 and
open to contribution from anyone.
Motion to see boarding patrolman in
regard to chief engineer's lack of
cooperation in making minor and
emergency repairs in the galley. Vote
of thanks to steward department for a
wonderful Thanksgiving dinner and
good food generally.
ELIZABETH (Bull), Doc. 2—Chair­
man, J. A. Oisen; Secretary, J. A.
Waiien. Ship's delegate reported two
men hospitalized. No beefs reported
by department delegates. Ship needs
to be fumigated. Vote of thanks to
steward department for a job well
done.
VIVIAN (Maritime), Dec. 9—Chair­
man, Gilbert Trosclair; Secretary, J,
Micheli. $7 in ship's fund. Few hours
disputed OT in deck department.
Beef in engine department regarding
2nd electrician doing welding and
repair work without OT. Few hours
disputed OT. Crew advised to be
sober at payoff.
CHATHAM (Waterman), Dec. 9—
Chairman, Anthony B. Barnes; Secre­
tary, E. Canoniiado. No beefs re­
ported except some disputed OT for
Election Day, which was legal holiday.
Vote of thanks to all delegates and
steward department for job well done.
ROBIN LOCKSLEY (Robin Line),
Aug. 20—Chairman, W. Walker; Sec­
retary, J. Hartman. George Murphy
elected new ship's delegate. $31.25
in ship's fund. Money stolen from
crew quarters. One baker fired and
replacement quit one hour before the
ship sailed. Messman went as baker.

Crew requested to be quiet in laun­
dry and to close fidley door.
DEL MUNDO (Dalta), Oct. 30 —
Chairman, J. W. Craft; Secretary, P.
Johnson. $6.20 in ship's fund. No
beefs reported by department dele­
gates. C. Dickey elected as new
ship's delegate. More pressure needed
on shower and water cooler.
TRANSCLOBE (Hudson Waterways),
Oct. 26—Chairman, A. Paiino; Secre­
tary, S. U. Johnson. Ship's delegate
r"norted everything running smoothly.
850 In ship's fund. No beefs reported.
t...Lcr jicuation to be looked into as
there have been traces of rust and
oil. Vote of thanks to steward de­
partment.
NORTHWESTERN VICTORY (Vic­
tory Carriers), Oct. 12 — Chairman,
John P. Filer; Secretary, R. White.

Ship's delegate reported no beefs.
Check with captain regarding port
payoff and dating of articles. Motion
that clariRcation should be published
in LOG about length of time on ships

of

regarding vacation. Crew requested
to use its own ice box.
SANTA EMiLA (Liberty Navigation),
Oct. 21—Chairman, Clarence Jacks;
Secretary, George Hair.
Vote of
thanks given to ship's delegate for a
job well done. Vote of thanks also
to entire steward department. $6.03
in ship's fund. |No beefs reported.
HEDGE
HAVEN
(Hedge
Haven
Farms), Nov. 12—Chairman, Malcolm
Launey; Secretary, William D. Maiey.

Problem of restricted OT to be taken
up with patrolman. Department dele­
gates requested to have repair Usts
ready before arrival in port.

They germinated a crop
Of immortal sons;
A people unsung.
Who lived and died
With unbent knee.
department delegates. Ship's crew
will donate $1 each for a new TV
antenna. Vote of thanks to steward
department.
EMILIA (Bull), Nov. 2S—Chairman,
I. Calindez; Secretary, L. A. Webber.

One man failed to join ship in Ali­
cante, Spain. One man hospitalized
in Turkey and one in Bombay. Some
disputed OT in engine department.
Crew requested to be sober at payoff.
TRANSEASTERN
(Transeastarn),
Nov. II—Chairman, Harold F. DuCioux; Secretary, Thomas T. Kirby.

Brother Bobbins elected new ship's
delegate. Discussion regarding meat
going bad due to faulty refrigeration.
Ship's delegate to contact Union and
captain regarding payoff procedure.
Discussion on heat being turned on
and off during the night. Crew re­
quested to leave valve in one position.
SEATRAIN NEW JERSEY (Seatrain), no date — Chairman, Miller;
secretary, Tuckington. No beefs re­
ported by department delegates.
SEATRAIN
GEORGIA
(Seatrain),
Oct. 28—Chairman, Gil Borge; Sec­
retary, Roberto Hannibal.
$20 in

ship's fund. No beefs reported. James
B. Lippincott was elected as new
ship's delegate. Everything running
smoothly on this ship.

ROBIN HOOD (Robin Line), Oct. 27^
—Chairman, R. Sadowski; Secretary,
R. Nelson. $50 in ship's fund. A.
Thomas elected new ship's delegate.
Deck department requested to be
more cooperative on day of securing.
Crew's messroom will be locked up
in port and gangway watchmen will
hold key.
EAGLE TRAVELER (United Marltime), Nov. 22 — Chairman, R. L.
Huddieston; Secretary, C. Bogucki.

$26 in ship's fund. Few hours dis­
puted OT in deck and engine depart­
ments. Motion made to have all re­
placements hired and sent from the
United States. Report submitted re­
garding crew trading food items in
Ras Tanura. Special meeting to be
held regarding same.
BRADFORD ISLAND (Cities Serv­
ice), Nov. 11—Chairman, Paul Carter;

RAPHAEL SEMMES (Sea-Land), Oct.
Secretary, Garland M. Bennett. Tex
30—Chairman, V. Weils; Secretary, Strickland was elected ship's delegate.
Manuel F. Caldas. Frank Gasper • $4.79 in ship's fund. Crew requested
elected as new ship's delegate. No not to throw cigarettes on deck.
beefs reported.
BIENVILLE (Sea-Land), Nov. 1 —
Chairman, Harry Huston; Secretary;
Phil Reyes. Ship's delegate reported
to captain and chief engineer regard­
ing the bad water condition on board.
No hot water In galley and pantry.
Messman and ordinary missed ship
in Houston. Garza elected new ship's
delegate. Vote of thanks to Reyes
for a job well done.
PENNMAR (Caimar), Oct. 28—Chair­
man, Pater A. Ucci; Secretary, James
A. Johnson. No beefs reported by

February S. 19M

LOG

ROBIN LOCKSLEY (Robin Line),
Dac. 12—Chairman, Rscco Aibansse;
Secretary, Maximo Bugawan. $20 in

ship's fund. New ship's delegate
elected. Brother Elwell. Motion to
have the steward and ship's delegate
check all subsistence stores coming
aboard In foreign ports. Suggestion
that membership meetings be held at
1830 or 1300 so that steward depart­
ment has a chance to attend. Steward
and ship's delegate to see chief engi­
neer about more hot water for the
galley and also about installing more
racks for pots.

Transindia Doubles
Utopia For Crew
Shangri-La, Paradise, Utopia. Whatever you choose to call
your idea of the perfect spot on Earth, Seafarer "Red" Darley still
votes for Transindia (Hudson Waterways). He tells why in the
follouHng article sent to the LOG from Port Said,

Is there such a thing as a Utopia?
•

Although the question is highly debatable, we say yes,
definitely and emphatically, and in this case the Utopia is
our floating home, the Trans-^
agement relations. Unlike the cold
india.
operators of some lines, this com­
Just in case there are any pany seems to take an interest in

doubters around, we cite our
Christmas dinner. The bill of fare
carried 56 separate items, ranging
from oyster and shrimp cocktails
to seven entrees. An even dozen
goodies graced the sweets depart­
ment.
The impressive menu, which
would make the most swank shoreside bean houses drool with envy,
evoked such comments as: "The
very best Christmas menu I've ever
seen, shipboard or . shoreside,"
"man, she's a feeder," and "we've
found a home at last."
Remarked bosun Otto (Pete)
Pedersen, an SIU
oldtimer and vet­
eran of passenger
ships: "I never
saw a Christmas
menu like this on
the
passenger
ships. They were
hungry by com­
parison."
The man re­
Dariey
sponsible
for
coming up with the magnificent
Christmas package was chief stew­
ard George Flint, a native of the
Tarheel state who now resides and
ships out of New Orleans. Han­
dling the galley chores v/ere chief
cook Alton (Boots) Booth, baker
Robert J. Aumiller and 3rd cook
Raymond F. Devine.
The steward and galley gang
received a round of well-deserved
thanks from all hands. Captain
John E. VIsvikis personally com­
plimented each member of the
Steward department for preparing
the "out-of-this-world" Christmas
repast.
Besides the first-rate groceries,
the Transindia is a fine ship in all
other respects. Rel'ations between
the topside and unlicensed per-'
sonnel are tops. Much of the credit
for the excellent employer - em­
ployee relationship can be given
to Capt. Visvikis.
He apparently is carrying out
company policy because the own­
ers, Hudson Waterway Corp. of
New York City, have a reputation
for believing in good labor-man­

Sea Life'

the welfare of crewmembers. Stores
are tops on this ship, and the com­
pany has given us everj'thlng we've
requested. This is in happy con­
trast to the quibbling and runarounds many steamship operators
are noted for, even over the most
minor requests.
We would like to see other opera­
tors adopt the same attitude
towards labor-management rela­
tions. We think it's good business.
After all, a happy crew makes for
more productivity and a better allaround ship.
The skipper has his own philos­
ophy for getting along with people
and he states it in this simple
terminology: "1 assume that crewmembers are men and they deserve
to be treated like men." By showing
respect and human dignity to the
men under-his command, the cap­
tain Is rendered the same treat­
ment in his turn.
The captain is also proud of his
record of good relations with SIU
crews and officials. He boasts of
having "been with the SIU since1952," which means that he has
commanded SIU - contracted ves­
sels for 10 years.
Chief mate Jimmy Carciow also
has a reputation for being a fair
man and a square-shooter. Both
he and Visvikis have been aboard
the Transindia , (formerly the
Marore, operated by Bethlehem
Steel) since she was taken over
by Hudson Waterways some 18
months ago.
The veteran SIU crew presently
aboard the Transindia is doing its
part to make the vessel a happy
ship. Crewmembers include such
proud oldtimers as Joe Maloney,
a member of the Union since 1938,
Serving as delegates, and doing'
a very fine job, are Charlie "The
Parson" Johnson, ship's delegate;
Roy "Rabbit" Theiss, deck; James
F. George, engiile, and Aumiller,
steward.
The Transindia, alias the Utopia,
signed on December 10 in Neiy
Orleans to go out to Bofnbay with
a 22,000-ton cargo of grain. Ten­
tative plans call for returning from
India via South Africa and Brazil,
— By Jim Motes

Get Polio Shots,
PHS Urges
The Public Health Service
urges Seafarers who have not
already done so to get their
polio shots as soon as possible
The shots can be gotten at any
PHS hospital without charge.
Plenty of vaccine is available so
there is no delay in the admin­
istering of the shots. The few
minutes a Seafarer takes to in­
sure himself against the crip­
pling disease by getting the
shots are well worth the saving
of time, money and, most of all,
the avoidance of suffering and
possible disability

'Oh, no, Johnson, not again! Remember all the trouble we
had getting you out the last time?"

�Febrnitr

196S

SEAFARERS

Page Fifteen

LOG

Hassan, Jas. W. Higgins, Frederick Utosh, Alvaro Vega. V. Walrath, ing, Seattle 1, Wash., or the SIU
Herbert C. Wilson, P. V, Wygerden. hall in Seattle regarding an acci­
E. Lillard.
dent a year ago involving Antonio
J. H. Maxey, Bernard Morillo, J.
4 4 4
B. Penor:
Ex-SS Ames Victory
Pasinosky, Thomas M. Purcell, J.
Vincent L. Stankiewick, Ismael
The following-named men who
W. Robertson, J. W. Romanwicz, W.
Ed McMaster
are asked to make arrangements E. Scott, E. C. Shaffer, T, Simonds, were in the deck department of Nazario, Peter Lypen, Roland
Don't forget me! A1 Hills, 3_74 to pick up same as soon as pos­ Frank Clark Smith, William C. Sol­ the above vessel are asked to get Dean, Albert Edward McKinstry,
Shedaker St., Philadelphia 44, Pa. sible:
omon. J. L. Springer, C. W. Stover, in touch with J. Duane Vapce, at­ Peter Wedrogowski, Charlie FeCharles W. Jordan, John J. Adolph Swenson, John Trost, W. G. torney, 1411 Fourth Ave., Build­ diw, Fred T. Miller.
4. i it
Schwabland, James Seeds, J. MisFelix Cardona
akian.
Ex SS Del Alba
4 4 4
Your sister, Frances Cardona,
asks you to get in touch with her
Lost Property
at home in the Bronx, New York,
Miscellaneous papers, wallets,
as soon as possible.
documents, discharges, etc., are
being held for the following-named
4; 4.
men by the Records Department,
Earl J. Fuller, Jr.
FIKANCIAL REPORTS. The constitution of the SHI Atlantic, Gulf, Lakes and InContact your mother at Route SIU headquarters, Brooklyn:
land Waters Distirict nakes specific provision for safeguarding the membership's
L. M. Allen, Richard H. Allen,
2, Berryville, Va., as soon as pos­
money and Union finances. The constitution requires a detailed CPA audit
W. N. Ballance, P. Barclay, A. R.
sible.
every three months by a rank and file auditing committee elected by the memBender, F. P. Bentley, G. Bur­
bersblp. 'All Union records are available at SIU headquarters in Brooklyn.
4&gt;
4&gt;
41
Should
any member, for any reason, be refused his constitutional right to in­
roughs,
Riley
D.
Carey,
C.
B.
CoJoseph Pendelton
spect these records, notify SIU President Paul Hall by certified mail, return
Get in touch with Edmond L. burn, Modesto Dyron, J. Fanning,
receipt requested.
Eriksen at 1563 Taylor Ave., Ferdinand Forte, Claude Garnett,
Francisco
Gianicco,
Michael
Goins,
iliii
Bronx 60, New York. Very im­
Stanley Hansen, H. H. Harper, R.
portant.
TRUST FUNDS. All trust funds Of the SIU Atlantic, Gulf, Lakes and Inland

4"

4'

4&gt;

4'

41

LesUe J. Brilhart
Your mother asks you to write
her at San Antonio, Texas, regard­
ing Robert. Urgent.

4&gt;

4

4&gt;

Thomas Vaughn
Personal papers, discharges, etc.,
are being held for you at the SlU
hall in Baltimore, and can be ob­
tained by sending a forwarding
address.

4.

4

4

Personal Gear
Gear belonging to the seamen
listed below is being held by Isth­
mian Line, Pier 39, San Francisco,
Calif.:
Harry King, Donald O'Brien,
Horace Ledwell, Lloyd McElroy, J.
H. Cravens, James Ackerman, Ted­
dy Clay, Oscar Cooper, Joe Carr,
H. E. Wright, Anthony Beck.

4

4

4

James Hale
Contact Hewey Howard, PO Box
3043, South El Monte, Calif., or
call collect EDgewood 7-2276, Bald­
win Park, Calif.

4

4

4

Gustaf W. Johnson
Contact your wife at 32-55 Steinway Street, Long Island City, NY,

4

4

4

Clyde Greeson, Jr.
Your mother asks you to get in
touch with her at 937 South Urhana, Tulsa 12, Okla.

4

4

Waters District are administered in accordance with the provisions of various
trust fund agreements. All these agreements specify that the trustees in
charge of these funds shall consist equally of union and management represent­
atives and their alternates. All expenditures and disbursements of trust funds
are made only upon approval by a majority of the trustees. All trust fund
financial records are available at the headquarters of the various trust funds.
If, at any time, you are denied information about any SIU trust fund, notify
SIU President Paul Hall at SIU headquarters by certified mail, return receipt
requested.

5

Charles Carson
Mrs. J. Culver asks you to send
your present address, as she has
some important news for you.

4

Personal Gear
The following-named men who
were on various Isthmian ships
have left various personal effects
at the company's Erie Basin Ter­
minal, Brooklyn, New York, and

SIU HALL
i DIEECTOBY
SIU Atlantic, Gulf
Lakes &amp; Inland Waters
District
PRESIDENT
Paul HaU
EXECUTIVE VICE-PRESIDENT
Cal Tanner

.qHTPPTWn RIGHTS. Your shipping rights and seniority are protected exclus­
ively by the contracts between the Union and the shipowners. Get to know
your shipping rights. Copies of these contracts are posted and available
in all.Uhion halls. If you feel there has been any violation of your ship­
ping or seniority rights as contained in the contracts between the Union
and the shipowners, first notify the Seafarers Appeals Board by certified
mail, return receipt requested. Ihe proper address for this is:
Max Harrison, Chairman, Seafarers Appeals Board
17 Battery Place, Suite 1630, New York h, NY
Also notify SIU President Paul Hall at Union headquarters by certified
mail, lotum receipt requested. Full copies of contracts as referred to
are available to you at all times, either by writing directly to the Union
or to the Seafarers Appeals Board.

?;SSSi

VICE PRESIDENTS
LIndsey Williams
A1 Tanner
SECRETARY-TREASURER
Al Kerr
HEADQUARTERS REPRESENTATIVES
Bill Hall
Ed Mooney
Fred Stewart

Earl Shepard

III-

11

•1

BAcriMURE
1216 E. Baltimore St
Rex Dickey, Agent
EAstern 7-4900
BOS'I'DN
John Fay, Agent
DETROIT

276 State St
Richmond 2-0140

®

10225 W. JelTerscn Ave
VInewood 3-4741

HEADQUARTERS

675 4tb Ave., Bklyn
HVacinth 9-6600

HOUSTON
Paul Drozak, Agent

5804 Canal St
WAlnut 8-3207

iS;5!

MOBILE
LOUIP Neira

EDITORIAL POLICY—SEAFARERS LOG. The LOG has traditionally,^refrained from
publishing any article serving the political purposes of any individual in the
Union, officer or member. It has also refrained from publishing articles deem­
ed harmful to the Union or its collective membership. This established policy
has been reaffirmed by membership action at the September, 1960 meetings in all
constitutional ports. The responsibility for LOG policy is vested in an edi­
torial board which consists of the Executive Board of the Union. The Exec­
utive Board may delegate, from among its ranks, one individual to carry out
this responsibility.

744 W Flagler St.
FRanklin 7 .3564

.1 South Lawrence St.
Agent
HEmlock 2-1754

NEW ORLEANS
..
Buck Stephens. Agent
NEW YORK

630 Jackson Ave.
Tel 529-7548

pm

675 4th Ave., Brooklyn
UYacinth 9-6600

NORFOLK
416 Colley Ave
Gordon Spencer. Acting Agent
625-6505
PHILADELPHIA
Frank Drozak. Agent

2604 S. 4Ui St
DEwey 6-3818

o

SAN FRANCISCO
... 450 Harrison St
Frank Boyne. Agent
DOuglas 2-4401
E. B. McAuley. West Coast Rep.
SANTURCE

PR

1313 Fernandez Juncos.
Stop 20
Phone 723-0003

Keith Terpe, Hq. Rep.
SEA rrLE
Ted Bahkowski. Agent
TAMPA
Jeir Gillette. Agent

2505 1st Ave
MAin 3-4334
312 Harrison St.
. 229-2788

ScAecfu/e Of SIU Meetings

West Coast SIU Meetings
SIU headquarters has issued an advance schedule through June,
1963, for the monthly informational meetings to be held in West
Coast ports for the benefit of Seafarers shipping from Wilmington,
San Francisco and Seattle or who are due to return from the Far
East. All Seafarers are expected to attend these meetings, in ac­
cord with an Executive Board resolution adopted in December,
1961. Meetings in Wilmington are on Monday, San Francisco on
Wednesday and Seattle on Friday, starting at 2 PM local time.
The schedule is as follows.
Wilmington
San Francisco
Seattle
February 18
February 20
*February 21
March 18
March 20
March 22
April 22
April 24
April 26
May 20
May 22
May 24
June 17
June 19
June 21 .
•Scheduled early due to Washington's Birthday.

C®

iiii

PAYMENT OF MONIES. No monies are to be paid to anyone in any official capacity
in the SIU unless an official Union receipt is given for same. Under no cir­
cumstance should any member pay any money for any reason unless he is given
such receipt. If in the event anyone attempts to require any such payment be
made without supplying a receipt, or if a member is required to make a payment
and
given an official receipt, but feels that be should not have been re­
quired to make such payment, this should immediately be called to the attention
of SIU President Paul Hall by certified mail, return receipt requested.
CONSTITUTIONAL RIGHTS AND OBI.IGATIONS. The SIU publishes every six months in
the SEAFARERS LOG a verbatim copy of its constitution. In addition, copies
are available in all Union halls. All members should obtain copies of this
constitution so as ta familiarize themselves with its contents. Any time you
feel any member or officer is attempting to deprive you of any constitutional
right or obligation by any methods such as dealing with charges, trials, etc.,
as well as all other details, then the member .so affected should immediately
notify SIU President Paul Hall by certified mail, return receipt requested.

WILMINGTON CalH 505 N Marine Ave
George McCartney. Agent TErminal 4-2528

SIU membership meetings are held regularly once a month on
days indicated by the SIU Constitution, at 2:30 PM in the listed
SIU ports below. All Seafarers are expected to attend. Those who
wish to be excused should request permission by telegram (be sure
to include registration number). The next SIU meetings will be:
Detroit
February 8
New Orleans .... February 12
Houston
February 11
Mobile
February 13

iii'l

wm.

JACKSONVILLE 2608 Pearl St. SE., Ja*
William Morris. Agent
ELgin 3-0087
MIAMI
Ben Oonzales. Agent

CONTRACrrS. Copies of all SIU contracts are available in all SIU halls. These
contracts specify the wages and conditions under which you work and live aboard
• ship. Know your contract rights, as well as your obligations, such as filing
for OT on the proper sheets and in the proper manner. If, at any time, any
SIU patrolman or other Union official, in your opinion, fails to protect your
contract rights properly, contact the nearest SIU port agent, in addition,
notify SIU President Paul Hall by certified mail, return receipt requested.

RETIRED SEAFARERS. Old-time SIU members drawing disability-pension bene,fits have always been encouraged to continue their union activities, in­
cluding attendance at membership meetings. And like all other SIU members
at these Union meetings, they are encouraged to take an active role in all
rank-and-file functions, including service on rank-and-file committees.
Because these oldtimers cannot take shipboard employment, the membership
has reaffirmed the long-standing Union policy of allowing them to retain
their good standing through the waiving of their dues.

EQUAL RIGHTS. All Seafarers are guaranteed equal rights in employment and
as members of the SIU. These rights are clearly set forth in the SIU
constitution and in the contracts which the Union has negotiated with
the employers. Consequently, no Seafarer may he discriminated against
because of race, creed, color, national or geographic origin. If any
member feels that he is denied the equal rights to wliioh he is entitled,
he should notify SIU President Paul Hall at headquctrters by certified
mail, return receipt requested.

iiil

�Vol. XXV
No. 3

SEAFARERS^LOG

Nbruory 8,
1963

• OFFICIAL 0RGAN 08 THi S6AFAIHR3 INTEftNATIONAl UNION • ATLANTIC AND eULP DISTRICT • AFUCIO •

LA Opens Central Liner
Pier; SF May Be Next

Off To Hunt Alaska King Crab

iliW Pennsy
Drive Wins
3rd in Row

PHILADELPHIA —Racking up
its third straight National Labor
Relations Board election victory
in two months for this area, the
SAN FRANCISCO—SIU Pacific District seamen may find
SIU United Industrial Workers
has just won an overwhelming
themselves shipping out of one centralized passenger vessel
vote of support from employees of
terminal here one day soon, if discussions now underway
the Philadelphia Laboratories,
bring about necessary im--^
Inc. The count was 55 for the
ger-cargo Installations in the world,
provements,
UIW against 14 "no union" ballots.
A leader of the local port and consists of two large buildings,
The vote was held on January
authority has long advocated a berths for five ships, and a large
23 among the 75 workers at the
central passenger terminal at Fer­ open area for container and other
plant eligible to cast ballots. There
ry Park, but American President cargo operations.
were four challenged votes, which
Located on the San Pedro side
Lines questions the practicality of
could have no affect on the out­
the idea, since it would require a of the main channel, the terminal
come.
ship to go there to take on or will be formally dedicated on
Await Certification
discharge passengers and then hit March 20, when the first passenger
The
union is awaiting labor
another pier to handle cargo. At ship to use its facilities, the Presi­
board
certification
as bargaining
the same time, APL would like dent Cleveland (American Presi­
representatives for the company's
dent),
arrives.
to see its big Pier 50 at Mission
eiQployees, and will then com­
Normal freight and passenger
Rock improved with an upper level
mence negotiations for a first con­
bookings
will
continue
to
be
han­
Manned by SlU-affiliated Alaska Fishermen's Union, Reefer
for passengers and a glassed-in
tract. There are now 78 employ­
dled by the Individual offices of
11 is factory ship taking part in one of the largest Alaska
observation deck.
ees at the plant.
the
steamship
companies.
The
com­
A central terminal has basic
king crab expeditions in years around Kodiak Island. She
Philadelphia Laboratories manproblems on getting APL, Matson bined operation is designed to do
factures Injectible medicinal cap­
carries an ii-man AFU crew and is equipped to process
away
with
overlapping
cargo-han­
Lines and the Peninsular and Oc­
sules and tablets for use by doc­
and freeze in sections some 2,000 king crabs per day. The
cidental Lines together. British- dling and passenger terminal fa­
tors and hospitals. The company
cilities of the three West Coast
king crab is a lobster-like delicacy fished with giant steel
owned P&amp;O is one of APL's and lines.
has jiist moved into a newly-con­
i
pots connected to buoy lines at depths of 30 to 125 fathoms.
Matson's biggest competitors in
structed building on a 50,000the trans-Pacific trade.
square-foot plot located at Roose­
At the same time, APL and two
velt Avenue and Blue Grass Road
other SIU Pacific District-contract­
in this city.
ed companies have started opera­
The victory at Philadelphia
tions as permanent tenants of a
Labs followed up two previous
central passenger-cargo terminal
WASHINGTON—Hearings before the Interstate Commerce Commission on the pro­ election wins in a row in the
in Los Angeles. Newly-completed posed merger of the Pennsylvania and New York Central Railroads are due to resume here Pennsylvania area. Employees at
for $16 million, the terminal on February 11 in the face of continuing opposition from organized labor, Congressmen, state the Yankee Plastic Company of
houses American Mail and Pacific and local governments and&gt;
Shenandoah, Pa.^ and the Peters
Far East Lines along with APL.
Sportswear
Company of Philadel­
within
the
ICC
itself.
Hearings that began in Washing­ Central managed to pay dividends
The terminal is being operated
phia recently voted to have the
ton
last
August
have
continued
in
ICC
has
already
cleared
the
to stockholders in the past two SIU-UIW represent them as their
by a jointly-owned corporation
known as Consolidated Marine, way for one important, rail merger major cities serviced by the Cen­ months.
bargaining agent.
Inc., which will serve each of the that will enable the Chesapeake &amp; tral and Pennsylvania and wound
lines independently without cut­ Ohio to take over the Baltimore &amp; up in New York and Newark, NJ,
ting competition between them for Ohio. Stock transfers to start the last week. State and local officials
passengers and cargoes. It is touted consolidation of the roads began on in both areas argued that the mer­
ger merns impaired service, loss of
as one of the most modern passen­ February 4.
The SIU Railway Marine Region business, mass joblessness and suf­
and other unions in the Railway fering for many communities.
Labor Executive Association have
Earlier, efforts by the Justice
taken a strong stand against the Department and other agencies to
Joseph Volpian, Social Security Director
trend to railroad mergers, as moves have the ICC put off its okay of
to maintain profits by wiping out the g&amp;O takeover until it dealt
jobs, eliminating competition and with all three pending applications
The news has reached the home district of Rep. Wilbur Mills
cutting back services. The Cen- were rebuffed. However, two of (D-Ark.), that Britain's government-supported National Health Service
tral-Pernsy merger alone would the eleven ICC commissioners dis­ is working out pretty well, on the whole, contrary to what the Ameri­
HOUSTON—A new channel that mean the loss of 7,800 jobs to rail­ sented, pointing to the fact that no can Medical Association says.
railroad opposed the C&amp;O's move
will divert ships from the treacher­ road workers.
Mills is chairman of the House Ways &amp; Means Committee, which in
Three Big Mergers
for B&amp;O control. One commis­ the last Congress bottled up the Administration's program of hos­
ous str.iiits of Pass Cavallo is in the
The proposed Central-Pennsy sioner said "self-interest" made pitalization insurance for the aged under the Social Security system,
works here, as US Engineers pre­
pare to award a $2 million dradg- merger and the C&amp;O-B&amp;O consoli­ the other roads reluctant to op­ a program far less complex and comprehensive than the British plan
ing contract that will eliminate one dation are two of the three giant pose the deal because any evidence and not subject to the same system of government control. The
ot the oldest marine hazards in the rail combines that would serve the they produced might be used "Arkansas Gazette," largest daily in the state, which is published in
entire East if plans succeed. The against them in later cases.
Texas Gulf area.
the largest city in Mills district, recently printed an article reviewing
The railroads have been basing the first 14 years of the British plan and concluding that "on the
The plan to eliminate this me.i- other would be formed by a com­
• ace to shipping involves dredging bination of the Norfolk and West­ their merger drive on cries of whole, it appears to be succeeding."
a 300-foot wide, 38-foot deep chan­ ern, NY, Chicago, St. Louis (Nickel "poverty" and deficits but, despite
"Most of all," the story stated, "the National Health Service has
this, both the Pennsylvania and the succeeded in the high purpose it set out to achieve in the aftermath
nel across Matagorda Peninsula Plate) and the Wabash.
linking Matagora Bay directly with
of World War II. Nobody Is disbarred by lack of means from receiv­
the Gulf, thus enabling ships to
ing proper medical attention. With the state picking up most of the
bypass the dangerously swift cur­
bill, Britain's 52 million people can at last afford to be ill."
rents of Pass Cavallo. The new
The article cited criticism of the plan from a number of doctors,
channel will terminate at Port
but noted that it was directed chiefly at obtaining changes, not com­
Lavaca and will cost a total of $20
plete elimination of the NHS.
million when completed.
"Only a tiny minority of the medi­ cover only persons 65 and older and
An existing shallow-draft chan­
cal profession would like to see the would be limited to hospitalization
nel from Port Lavaca will intersect
NHS scrapped," it reported, noting and nursing home care. It would
the deep-draft channel leading to
thaj; only about 600 of'Britain's be financed largely from increased
a large turning basin at Port Com­
35,000 physicians had remained in Social Security contributions during
fort, where the Aluminum Corpor­
private practice rather than partic­ the beneficiary's working life.
ation of America maintains its
ipate in the plan.
4" . 4" 4'
plant. Another shallow-draft chan­
Some interesting figures on the
It found, too, that the British
nel will connect the Matagorda
public overwhelmingly supported state of the nation's health come
Ship Channel with Palacios.
the plan. A national poll showed from a US National Health Survey
To the qorth of Houston, con­
that 89 percent of the public evalu­ report that, in an average year,
struction continued on a 32 mileated it as "satisfactory" and 81 per­ nearly 20 million Americans are
long barge channel that will extend
cent felt they were getting value discharged from hospitals, for a
from Victoria to the Gulf Intrafor their money. As for the doctor- rate of 115 patients per every 1,000
if any SIU ship has no
coastal Waterway, just west of Pass
patient relationship, which the population. The number of hos­
Cavallo. Begun in 1958, the barge
library or needs a new
AMA says would be destroyed by pitalized days per year totaled 167
channel is scheduled to be com­
the Administration's medicare pro­ million for the total population,
supply of books, contact
pleted late in 1964, about the same
gram, it hasn't happened in Britain. with the average length of hospital
any SIU hall.
time the ship channel Is expected
One doctor declared that his rela­ stay numbering 8.4 days per per­
to be finished.
tionship with his patients had son. Women were hospitalized
When both of these shipping
"never been better."
more frequently than men but
lanes are completed and terminal
Actually, there is little compari­ stayed for shorter periods of time.
facilities erected, the whole of
son between the tax-supported
(Comments and suggestions are
south-central Texas will be constate-run NHS and the health-care invited by this Department and
nectea with the major shipping
program for the aged proposed in can be submitted to this column
ports of the world.
the United States. The latter would in care of the SEAFARERS LOGJ

HEARINGS BLAST NYG-PENN LINK

Texas Job
Seeks New
Sea Route

British Nationai Heaith Pian Works

EVERY

MONTHS

YOUR
SIU SHIP'S LIBRARY

�• U-

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•- •

&gt;
"
,
Of Industrial Inquiry Info Great Lakes Shipping Dispute

^

Offklai Transeript Of Proceedings

In Y/hieh The SlU Moved For Disquaiificafion Of The Commissioner

.rr.' t -

In the spring of 1962, in the midst of contract
negotiations with the Seafarers International Un­
ion of Canada, the Upper Lakes Shipping Com­
pany arbitrarily broke its 10-year contractual rela­
tionship with the SIU and signed a contract with
the Canadian Maritime Union, a puppet union set
up by the Canadian Labour Congress and the
Canadian Brotherhood of Railway, Transport and
General Workers. The CMU at that time had no
membership but began to recruit and supply the
company with scab crews. As a result, some 300
SIU crewmembers employed by the company
were locked out of their jobs.
Due to the effectiveness of SIU picketing action
against Upper Lakes Shipping Company vessels,
the CLC and CBRT last July engineered a boycott
of SrU-manned ships which led to the closing of
the St. Lawrence Seaway. The CLC and CBRT
clearly indicated that the Seaway boycott was
effected in order to force Canadian government
action that would halt SIU picketing of the Upper

••-J ,
H-i-

'-fi*

J?,

Lakes Shipping Company vessels. As a result of
the boycott, the Canadian Minister of Labour es­
tablished a one-man commission to inquire into
the dispute and into the internal affairs of the
organizations involved. The hearings of the com­
mission began last August.
On February 1, 1963, the counsel for the Sea­
farers International Union of Canada submitted
in the hearings a request that the Commissioner
conducting the inquiry disqualify himself on the
technical ground that he had previously served
as counsel to one of the parties involved. The
Commissioner, Mr. Justice T. G. Norris, had served
as counsel for the SIU in 1953 and 1954.
The verbatim text of the official transcript of
the afternoon proceedings of February 1, 1963, in
Ottawa, during which the SIU request for dis­
qualification was presented, is reproduced in its
entirety in this supplement. The text is from
volume 91, pages 13,717 to 13,796 of the official
transcript.

THE INDUSTRIAL INQUIRY COMMISSION
IN THE MATTER OF the Industrial
Relations and Disputes
Investigation Act
and
IN THE MATTER OF an inquiry pursuant
to Section 56 thereof into shipping in the
Great Lakes, the St. Lawrence River System
and connecting waters.
HON. MR. JUSTICE T. G. NORRIS

Commissioner

G. Gordon McLeod, Esq.

Secretary

G. H. Quinn, Esq.

Administrative
Officer

APPEARANCES:
Charles L. Dubin, Esq., Q.C.

Senior Counsel to
the Commission

Jean Pierre Beaulne

Junior Counsel to
the Commission

Maurice W. Wright, Esq., Q.C.

For the Canadian
Labour Congress,
Canadian Maritime
Union, Canadian
Brotherhood of
Railway, Transport
&amp; General Workers,
National Association
of Marine Engineers,
Inc., Canadian
Merchant Service
Guild, Inc.

John C. Ahern, Esq., Q.C.
G. H. Henderson, Esq., Q.C.
K. E. Eaton, Esq.
Joseph Nuss, Esq.
B. A. Thomas, Esq.
Michael Ogilvie, Esq.
Jean Richard, Esq.

)
)
)
)
)
)
)

For Seafarers
International Union
of North America

John A. Geller, Esq.

)

For Upper Lakes
Shipping Limited

L. A. Couture, Esq.
D. Q. Patterson, Esq.

)
)

For the St. Lawrence
Seaway Authority

Ottawa, Ontario,
Friday,
February 1, 1963

Nethercut &amp; Young,
60 Front Street West,
Toronto, Ontario.
Official Reporters

THE HEARING RESUMED AT 2:00 PM.
Mr. Henderson: Mr. Commissioner, I am making a sub­
mission to this Commission that the Commissioner con­
sider disqualifying himself from acting further in respect
of this investigation.
The application or submission is being made on the
technical legal ground that the Commissioner had acted
as solicitor and as barrister—counsel for one of the parties
directly involved in the Inquiry and named specifically
in the terms of reference.
The Commissioner: And in the years 1953 and 1954.
Mr. Henderson: In the years 1953 and 1954.
The Commissioner: And there is no suggestion of bias
in fact? That is to say that in the conduct of this Inquiry
the Commissioner has not been biased?
Mr. Henderson: Yes, and I repeat what I said Mr. Com­
missioner, that this application is not being made in any
way relating to the conduct of this Inquiry; it is based
upon the factual matters that existed in 1953 and 1954,
and it is made on a technical legal ground based on those
facts.
The Commissioner: And do you say that your clients
were advised by counsel from the beginning of the hear­
ings of this Commission in the month of July—
Mr. Henderson: As the record establishes, that is so.
The Commissioner: And the question has not been raised
before?
Mr. Henderson: May I take advice on that? I do not
believe it has been raised before.
It has not been raised before. Those were my instruc­
tions and they have been confirmed now.
The Commissioner: I may say it is amazing to me that
these proceedings should be taken after ail these weeks
of hearings, and that your clients have not raised the
matter before.
Mr. Henderson: This, Mr. Commissioner, may be a fac­
tor for you to take into consideration.
I say that in law, in the absence of what would be de­
scribed as a waiver, it is better that it be made now, better
now at least than after a report has been made and the
whole proceedings at a further time be rendered void.
I submit, Mr. Commissioner, that this Is a matter of
(ConHnuvd On Following Pago)

�Bnpplement—Pace Two

SEAFARERS tOG

FebniaiT 8, 1961

{Continued From Preceding Page)
as counsel and you were successful in having the applica­ held, as I recall, in the way in which, Mr. Commissioner,
' you advised.
•ubstance that should be considered by you in relation to tion for injunction dismissed.
this Inquiry,
The Comminioner: And whatever the challenge was,
The Commissioner: This was all in Vancouver?
there was no attenUon paid to this challenge? You called
The Cominissioner: I will ask other counsel how they
Mr. Henderson: This was in Vancouver.
it a challenge.
•tand with regard to this motion. The motion is that I
The Commissioner: And all these matters were in Van­
disqualify myself on the grounds that I have been solicitor
Mr. Henderson: Well, as far as I am concerned the
couver?
and counsel for the SIU in the years 1953 and 1954.
allegation of impropriety was unjustified. There was no
Mr. Henderson: All these matters were in Vancouver.
follow-up. I merely say it did confirm this allegation of
Mr. Wright? Mr. Wright, how do you associate yourself?
The
Commissioner; All right.
impropriety.
I do not want to hear an argument; I simply want to know
Mr. Henderson: In respect of the services performed,
are you supporting this motion or otherwise?
When I made the statement that the land is still held
Mr. Wright: I oppose the motion. I see no validity to there was the requirement of attendance on SIU execu­ in the manner in which your Lordship then advised as
tives to advise them on their legal position, and it also counsel, I may have gone too far. I do not know how it is
it at all.
involved
the instruction relating to the preparation of an now held but I do know that your opinion was followed
The Commissioner: Mr. Geller?
affidavit or affiidavits, because affidavits were prepared at the time and the land was taken in the way in which
{••
Mr. Gelier: My Lord, I oppose the motion, I see no for Mr. Cunningham and Mr. Pearson., These affidavits you advised.
1
merit to it at all.
were filed on the application. The services Included a re­
I say here that this transaction involved more than
I have been in touch with Mr. Jean Brisset, represent­ port to Mr. Banks when he was advised, according to the
merely a purchase and sale, that it involved a policy
ing the Canadian Shipping Federation, and who was also material which appears—and this appears as the bottom
decision in respect to the manner in which this Union
solicitor for the Saguenay Companies, one of which I be­ of page 2.
could hold land and the manner in which this Union
lieve was involved in the matter in question in 1953 or
The Commissioner: Of the legal affect?
operated
in respect to one aspect of its internal organiza­
1954. Mr. Brisset has asked me to assure your Lordship
Mr. Henderson: Of the legal affect as to the issue re­ tion and its internal operation.
that although you were acting against his client at that lating to the legality of the strike. This was one of the
Those were the three matters. I submit that by reason
time—
matters which Mr. Justice Coady commented upon.
of those three matters a relationship was established,
The Commissioner: And was successful, I might add,
The question that arose was whether the strike was il­ which relationship in law puts a gloss on the appearance
on behalf of the SIU.
legal or legal, and the services performed (according to of independence, and that this is sufficient to justify you,
Mr. Geller: And were successful, yes. The possibility the material) included a report to Mr. Banks when he was Mr. Commissioner, in considering that you disqualify
of a motion such as this was, as he put it, somewhat advised relating to the legality of that strike.
yourself from further participating in this Inquiry, on
laughable, and he disassociated himself completely from
On October 10th, 1953 a letter of report appears where three legal grounds. The first is the appearance of bias.
any suggestion that your having acted in that matter your opinion is given, Mr. Commissioner, different from
The Commissioner: You mean bias of law?
should disqualify you in the present proceedings.
the decision of Mr. Justice Coady.
Mr. Henderson: I was just about to add to that that of
The Commissioner: Mr. Couture?
The Commissioner: Not a decision but some remarks he course I mean the appearance of bias in the legal sense.
Mr. Couture: I will oppose this motion, my Lord, and made.
The second is that a conflict exists between two duties,
I might add that my instructions—
Mr. Henderson: Those remarks which appear in his de­ which puts you in a position of contradiction.
The Commissioner: You are speaking on behalf of the cision in respect to the legality of that strike. At the same
The third is perhaps an aspect of the first, which is the
St. Lavirence Seaway?
time, those services included advice in connection with appearance of the independence of those who decide or
Mr. Couture: On behalf of the St. Lawrence Seaway the Shipping Act and involved an opinion as to whether the appearance of Independence of the judiciary.
Authority my instructions, if they could be adduced later those who had left the ship were deserters within the
I submit that the matters upon which you acted for the
on, do contain what I deem to be rebuttal material going meaning of the Shipping Act, Section 251. As I under­ Union were neither trivial in respect of the Union nor
stand it that is a summary of the nature of the services trivial in respect of the internal affairs of the Union. I
directly against the motion made today.
The Commissioner: Any other counsel? There are none, on the first occasion.
submit that they are matters which are not unrelated to
The services on the second occasion appear in a detail the issues in this hearing, and I would particularly refer
I think.
All right. You are appearing for the SIU of Canada, of an account of October 27th, 1953, which is in the ma­ to paragraph 3 of the terms of reference.
terial. Here an application was made by you for certifica­
are you Mr. Henderson?
The material paragraph of the terms of rWrence reads:
tion of the Seafarers International Union relating to the
Mr. Henderson: I am, Mr. Commissioner.
Black Ball Ferries in Vancouver. The services were ren­
"Now, therefore, the undersigned, the Minister
The Commissioner: And for Mr. Banks?
dered over a period of time from July 22nd, 1953 to Sep­
of Labour for Canada, pursuant to Section 56 of
Mr. Henderson: I am appearing for the Seafarers Inter­ tember 14th, 1953. They also involved in addition to the
the Industrial Relations and Disputes Investigation
national Union.
application for certification, the settlement of what Is de­
Act, hereby appoint The Honorable Mr. Justice T. G.
Now, Mr. Commissioner, may I file formally the affi­ fined as a labour relations matter with the Company.
Norris of the City of Vancouver, in the Province
davit of Mr. McLaughlin which has attached to it the
of British Columbia, as an industrial inquiry Com­
The Commissioner: I think that was the provincial
factual matters relating to the three occasions upon which Board, was it not?
mission to inquire into the following matters and
you, Mr. Commissioner, acted as solicitor and counsel
to report thereon to the undersigned:"
Mr. Henderson: Yes, Mr. Commissioner, as I read it.
for the Seafarers International Union?
Then paragraph 3 reads:
The Commissioner: That is my recollection.
The Commissioner: One of them as counsel for the
"The activities and internal operations of organi­
Seafarers International Union against the Saguenay Ter­
Mr. Henderson: This is the way I would read the account.
zations of employees acting on behalf of employees
minals, Mr. Brisset's client. That was a case in which I
The third occasion is described in three exhibits par­
engaged in shipping and work affecting shipping
was successful in opposing a motion for an injunction. ticularly, which will be found in the material which is
operations in the Great Lakes system including with­
The second, as I understand it, was in connection with the filed—and I have handed a copy to Mr. Wright—and par­
out restricting the generalities of the foregoing Sea­
acquisition of the building of the Seafarers International ticularly in Exhibit 18 (which is a letter May 12th, 1954, a
farers International Union of Canada."
Union of Canada in Vancouver when my firm was acting letter to Mr. Banks), Exhibit 20 (dated August 25th, 1955),
as solicitor. Thirdly, it was in connection with an agree­ Exhibit 21 (which is a further report), and Exhibit 22
I submit that there is, therefore, a duty imposed under
ment which I negotiated on behalf of the Seafarers In­ (which is the final account).
Section 3 which requires an investigation into the internal
ternational Union of Canada with the Black Ball Ferry
operations of the Union, of unions in this sphere, and par­
In this connection what was involved was the purchase ticularly the internal operations of the SIU. This creates
people. Is that it?
of real estate in Vancouver by the Seafarers International
Mr. Henderson: Essentially that is it. I would put ad­ Union. But in my submission to you, Mr. Commissioner, a duty to the public, but the conflict arises because, Mr.
ditional items in those categories, Mr. Commissioner, and this involved more than merely a purchase and sale. In Commissioner, there is a duty to the SIU which arises by
1 wouid put them in a different timing.
this purchase it was necessary to advise the Union as to reason of the confidence in a solicitor-client relationship.
The Commissioner: Which arises out of a what? '
I believe the timing is a little different in the sense the manner in which a union could hold property in Brit­
that they occurred at different times. What I mean by ish Columbia and how it should, on this occasion, be held.
Mr. Henderson: Which arises out of the confidence in­
that is that they were not in the same order.
herent in a solicitor-client relationship. In other words,
It involved, as I read the material, a request by you of
the Union constitution, a copy of the rules of the Union there is a duty to keep in confidence all those matters
The Commissioner: The order that I put it?
communicated to you on a solicitor-client relationship.
and
a copy of the rules of the local branch. These all were
Mr. Henderson: As I have them, they were in a differ­
ent order. But may I put them this way, Mr. Commis­ required to be considered in formulating the opinion as Those matters which are given to the Commissioner in
sioner, that you will find that Exhibits 1 to 3 of the to how land should be held by the Seafarers International confidence as a solicitor relate to the matters in issue in
this Inquiry. Therefore, Mr. Commissioner, I submit that
material which accompanied Mr. McLaughlin's affidavit Union.
in reflecting on these two duties, if you find, as I submit
show that the first matter in which you were associated
The Conunissioner: Or any trade union.
would
appear to exist, a contradiction in that relationship,
with the Seafarers International Union was one that took
Mr. Henderson: As well as any trade union, but more
place during the period October, 1953—that is, October specifically how it must be held and how it was held on then you would give effect to the submission I am making.
This is not an unreal submission, Mr. Commissioner. It
7th, 1953 to October 23rd, 1953^—and at that time the this particular occasion. This opinion, a comprehensive
services were those of counsel appearing on behalf of
opinion, was given on August 25th, 1954, and a further has its foundation in public policy. There must be public
the Seafarers International Union in an application for an report—
confidence that there can be no likelihood, in the consid­
Injunction by the solicitors for the Saguenay Terminals.
eration of a reasonable man, of a conflict between these
The Commissioner: I hope you consider it wils a good two duties.
That application was to prevent the Seafarers Interna­
opinion.
tional Union port agent in Vancouver and the members
The Commissioner: Who is he?
Mr. Henderson: Let me put it this way, Mr. Chairman:
of the crew of the "Sunjewel" from further picketing.
Mr. Henderson: The law has been searching him for
The complete detail of the services appears before you I have no quarrel with the opinion at all and I see no years, just as the economists have, perhaps, the represen­
in Exhibits 2 and 3 which represent a statement of ac­ reason why the opinion should be considered anything tative man. But the reasonable man, whatever he may be
count. There is in the statement of account a complete but accurate.
as defined by the Courts, Mr. Commissioner, is the test,
statement of all the services that were performed.
The Commissioner: I would have thought that any com­ and whether a reasonable man would consider a likeli­
plaint your clients might have would be that I had ad­ hood of bias or a likelihood of such a situation where
The Commissioner: Yes, all right.
vised them badly or lost their action.
The Secretary: Excuse me, my Lord, is this to be filed
there is a conflict between two duties. I submit this ii
Mr. Henderson: There was however a newspaper chal­ not unreasonable in these circumstances. It may well be
as an exhibit?
lenge on the transaction. I think it was not a newspaper that the public would consider that by reason of someone
The Commissioner: Yes.
of any repute, as I recall. But you may remember that having acted at one time for one of the parties, he would
The Secretary: This will be 0-330.
there was a challenge of impropriety in respect of the bend over backwards to be fair, and bending over l^ackEXHIBIT NO. 0-330:
transaction.
wards would mean that he would be unfair to someone.
Statutory declaration by Leonard
He could not help it, in those circumstances.
The Commissioner: I do not remember.
J. McLaughlin, dated Ottawa,
Mr. Henderson: Well, it does appear in the correspond­
The Commissioner: But is there not the great possibility
February 1, 1962, with accom­ ence. This is found in Exhibit 23—that there had been a that he might tread the straight and narrow line between
panying "Exhibits" number 1 to challenge as to the propriety of the proceedings or the the two?
number 24.
purchase.
Mr. Henderson: When you put it in terms of possibility,
of course there is.
So it is my submission, Mr. Commissioner—
Mr. Henderson: This involved, as I read the material,
The Commissioner: And there is even a probability, is .
The Commissioner: Can you say, so that I will know and
Mr. Commissioner, an attendance tipon Mr. Justice Wilson.
the story will be complete, whether my advice with re­ there not?
That would appear however to have been an informal one.
Mr. Henderson: Of course there is a probability that he . r&gt;.7
But there was a full hearing before Mr. Justice Coady, gard to that holding was followed?
and dm that occasion, as &gt;the material shows, you acted
Mr. Henderson: - Yes, it was fbllowed and the land la
''
•• i(Cbntinu'edOafell6wingPageJ-

�Febnuur S&gt; IMS
(ContinutJ From Frtetding Fag»)

may, but there is also a probability that he may not, and
this is sufficient. It is not enough that he is a man of the
highest possible integrity. This is not the test. The test
is not bias in fact; the test is whether or not a reasonable
man would consider there is a likelihood.
The Commissioner; You said "po.ssibility." Do you mean
"possibility" or "likelihood"?
Mr. Henderson: I mean "likelihood." I think "possibllity"was a word I had picked up from you, Mr. Com­
missioner. The legal test is not the basis of possibility.
The Commissioner: It is likelihood.
Mr. Henderson: It is whether that likelihood is consid­
ered by the reasonable man, and he may well consider
that there is a leaning backwards to be fair and that this,
too, is an attitude—whether there is a likelihood of there
being an attitude for it, or whether there is a likelihood
of there being an attitude against it, but merely the likeli­
hood is sufficient, having regard to the circumstances.
I submit that by reason of public policy the Courts have
imposed a very strict rule to ensure that the public will
have confidence in the judiciary or in anyone deciding
right, or in anyone who is making a determination of is­
sues such as are being determined here, and I submit tbat
this is fundamental from the point of view of the indepen­
dence of the judiciary which, it is a truism to say, is a
cornerstone of our freedom.
The Commissioner: I am not asking you for an argu­
ment, but would you tell me what you say my position
is here.
Mr. Henderson: I say that your position here at this
moment is one of contradiction.
The Commissioner: Oh, no, no.
Mr. Henderson: You mean, what you should do?
The .Commissioner: I mean, sitting as Commissioner.
Mr. Henderson: I say you are sitting as a Commissioner,
under Section 56 of the Statute, with the obligation to
act judicially.
The Commissioner: All right.
Mr. Henderson: And that the obligation to act judicial­
ly brings in with it all the requirem.ents of natural justice
and all the requirements of acting independently, of acting
without bias, and I submit it is no more—let me put it
this way. Suppose Mr. Wright were in your Lordship's
position today? Suppose Mr. Geller were in your lord­
ship's position today? It is unthinkable, and I submit it
is unthinkable ten years from now, just as it is unthink­
able today. And this is the position in law.
So I submit that on the basis, then, of public policy,
on the authorities and the requirement that there be
complete public confidence in the administration of justice,
this motion should be adhered to, should be given elTect.
Mr. Commissioner, the rule as to the disqualification of
Judges because of the appearance of interest or the ap­
pearance of bias is one that goes 'way back. It goes back
to the canon law and is one which was incorporated into
the common law in the early formative stages of it. It
has a very old and continuous history. If I may first refer
your Lordship to a "text book on this subject, it is a work
by S. A. de Smith entitled, "Judicial Review of Adminis­
trative Action," published in 1959. I am referring par­
ticularly to page 137, although there is a—the chapter
goes from 137 to 165 dealing with this matter. May I ex­
tract merely the parts of two pages in this regard.
I will read from the bottom of page, 137:
"Bracton wrote that a judge was not to hear a case
if he was suspected of partiality"—
And "suspected" Is sufficient:
"—suspected of partiality"—
The Commissioner: "Suspected"—^you are not talking
about bias in fact. ~
Mr. Henderson: That is right; but I say that one is sus­
pected if there is a relationship, if there has been that
relationship. I will continue reading this quotation;
"—suspected of partiality because of consanguinity,
affinity, friendship or enmity with a party, or be­
cause of his subordinate status towards a party or
because he was or had been a party's advocate."
Mr. Commissioner, that is as old as de Legibus, the ex­
tract that I have read.
The Commissioner: Would you disqualify all our judges
on that ground because at sometime in their careers they
have acted for parties? Would you go that far?
Mr. Henderson: It may well be. I have heard— The Commissioner: Do you go that far?
Mr. Henderson: No, I do not. I have to add, in a matter
that has a relationship to the matter in hand, some rela­
tionship to the matter in hand, yes, I go that far.
The Commissioner: All right.
Mr» Henderson: I do not go so faj- as to say that merely
because he had acted in some way, any way, that that is
sufficient. There must be some relationship to the matter
in hand, and I say here there is that relationship because
it involves the internal working of a union, it involves
a matter in which a union—that is, it involves confidential
matters relating to the union and since this is a broad
investigation of all internal aspects of the union, there
is that relationship that the law requires. No, I do not go
so far. as to say that every possible time, every time there
has been a solicitor-client relationship this automatically

disqualifies

I itVOhld dqt, go that far.

SEAFARERS

LOG

The Commissioner: The quotation from the text book
goes that far.
Mr. Henderson: It does Mr. Commissioner; it goes that
far. I have heard it said that some judges as a matter of
practice do go that far. But I have not, in my submission
to you, gone that far, because I think the recent authori­
ties require some connection and a connection to the
point that there would be considered to be a reasonable
likelihood of bias.
I was about to read a second part of this work which
appears at page 154.
The Commissioner: You do not say, "a reasonable
likelihood of bias"; you say, "a suspicion of a reksonable
likelihood," or something of that sort?
Mr. Henderson: I put it this way, that there is the ap­
pearance of bias to a reasonable man.
The Commissioner: All right. Go on.
Mr. Henderson: At page 154 of the same work, under
the heading, "Professional and Vocational Relationship,"
we find this passage:
"A reasonable apprehension of bias may arise
because of the professional business or other voca­
tional relationship of an adjudicator with a party
before him."
I submit, Mr. Commissioner, that perhaps the most
well known expression on this aspect of the matter is
found in Rex v Sussex Justices (1924) 1 King's Bench
Division, 256, at page 259, where Lord Hewart, Chief
Justice, made his famous statement; that is:
"It is of fundamental importance that justice
should not only be done, but should manifestly
and undoubtedly be seen to be done."
This rule was first applied to judges in courts, but has,
in my submission, be extended to apply to tribunals that
are either obliged by statute to act judicially, or to ad­
ministrative tribunals having the attributes of a judicial
tribunal.
Mr. Commissioner if I may just state the facts of that
case very shortly.
The Commissioner: Which case is that?
Mr. Henderson: I am on the same case, Mr. Commis­
sioner, Rex V Sussex Justices. That was a case where a
summons was taken out by the police against the appli­
cant for having driven his motor vehicle in a manner
dangerous to the public. The motor vehicle had been in­
volved in a collision between the applicant and a person
who was called W. At the hearing of the summons the
acting clerk to the Justices was a member of the firm of
solicitors who were acting for W. in a claim for damages
against the applicant for injuries received in the colli­
sion. The acting clerk retired with the Justices in case
they should desire to be advised on any point of law. He
was merely in attendance. The Justices convicted the
applicant and it was stated on affidavit that they came to
that conclusion without consulting the acting clerk, who
abstained from referring to the case. The acting clerk
was merely present.
It was held that the conviction must be quashed as it
was improper for the acting clerk, having regard to his
firm's relation to the case, to be present with the Justices
when they were considering their decision. So, Mr. Com­
missioner, his mere presence was sufficient to put a gloss
on the independence of the tribunal making the decision,
and Lord Justice Hewart then made the statement which
I have just read.
The Commissioner: Hi.s firm being interested in one of
the matters that was before the Justices?
Mr. Henderson: But the point of that case was that it
could have had no effect on the decision.
The Commissioner: No.
Mr. Henderson: But it was the appearance, and the
appearance was sufficient.
The Commissioner: You are just stating the facts?
Mr. Henderson: That is correct, Mr. Commissioner.
Then on page 259 Lord Hewart stated:
"_but while that is so, a long line of cases
shows that it is not merely of some importance but
it is of fundamental importance that justice should
not only be done, but should manifestly and un­
doubtedly be seen to be done.
The question therefore is not whether in this case
the deputy clerk made any observation or offered
any criticism which he might not properly have
made or offered; the question is whether he was
so related to the case in its civil aspect as to be
unfit to act as clerk to the Justices in the criminal
matter. The "answer to that question depends not
upon what actually was done, but upon what might
appear to be done. Nothing is to be done which
creates , even a suspicion that there has been an
improper interference with the course of justice."
Then Lord Hewart, Chief Justice, continued:
"Speaking for myself I accept the statements
contained in the Justices' affidavit but they show
very clearly that the deputy clerk was connected
with the case in a capacity which made it right
that he should scrupulously abstain from referring
to the matter in any way, although he retired with
the Justices; in other words, his one position was
such that he could not, if he had been required to
do so, discharge the duties which his other position
involved. His twofold position was a manifest con­
tradiction. In those circumstances, I am satisfied
.
this cpqvicitiQn ijipsl^ihe quasljqd, vipless,U,caq

Sapplement—Vnge Three
be shown that the applicant or his solicitor was
aware of the point that might be taken, refrained
from taking it, and took his chance of acquittal on
the facts, and then, on a conviction being recorded,
decided to take the point."
The Commissioner: What was that last point?
Mr. HendersoF*: The last point, Mr. Commissioner, is
that if he was trying to take advantage of both worlds
by waiting until—
The Commissioner: Read the last part.
Mr. Henderson: Yes, Mr. Commissioner:
"In those circumstances, I am satisfied that this
conviction must be quashed, unless it can be shown
that the applicant or his solicitor was aware of the
point that might be taken, refrained from taking it,
and took his chance of acquittal on the facts, and
then, on a conviction being recorded, decided to
take the point."
That is, Mr. Commissioner, decided to take the best of
both worlds by waiting until the decision had come down,
and then taking the point. That is, as I read it, what he
is referring to there, and this is the point I was making
on waiver:
"On the facts I am satisfied that there has been
no waiver of the irregularity and, that being so,
the rule must be made absolute and the convic­
tion quashed."
Perhaps the most authoritative statement is that of
Dimes v Grand Junction Canal—
The Commissioner: Dimes v Grand Junction?
Mr. Henderson: Dimes v Grand Junction Canal, Mr.
Commissioner.
The Commissioner: That refers to the McPherson case,
I think.
Mr. Henderson: It is, as I understand it, the leading
authority on the—
The Commissioner: What is the citation?
Mr. Henderson: It is 1852, 3 House of Lords Cases, 759.
A public company established for constructing a canal
was incorporated, and bought some land for the purpose
of making the canal; a person claiming adversely an inter­
est in such land covered the property by ejectment. The
corporation then filed an appeal against the claimant for
the purposes of having their title confirmed. The Lord
Chancellor had an interest as a shareholder in the com­
pany in the amount of several thousand pounds which was
unknown to the defendant, and the Lord Chancellor
granted the injunction and the relief sought.
The question put to the Judges was:
"Was this a case in which the order and decree
of the Lord Chancellor were void on account of
his interest, and of his having decided in his own
cause?"
Baron Park speaking for all the Judges, at page 785
said this:
"We think that the order of the Chancellor is
not void; but we are of the opinion, that as he had
such an interest which would have disqualified a
witness under the old law, he was disqualified as
a judge; that it was a voidable order, and might be
questioned and set aside by appeal or some appli­
cation to the Court of Chancery, 'if a prohibition
would lie'."
Then, they went on to say after hearing the advice of
the Judges given by Baron Parke, Lord Campbell, one of
their Lordships in the House of Lords, said:
"I must say that I entirely concur in the advice
which they (the Judges) have given your Lordships.
No one can suppose that Lord Cottenliam (The
Lord Chancellor in question) could be in the remot­
est degi-ee influenced by the interest that he had in
this concern; but my Lords, it is of the last impor­
tance that the maxim that no man is to be judge in
his own cause should be held sacred. And that is
not to be confined to a cause in which he is a party,
but applied to a cause in which he has an interest.
Since I have had the honour to be Chief Justice of
the Court of Queen's Bench, we have again and
again set aside proceedings in inferior tribunals be­
cause an individual, who had an interest in a cause,
took a part in the decision. And it will have a most
salutory influence on these tribunals when it is
known that this high Court of last resort, in a case
in which the Lord Chancellor of England had aa
interest, 'considered that this decree was on that
account a decree not according to law and was set .
aside. This will be a lesson to all inferior tribunals
to take care not only that in their decrees they are
not influenced by their personal interest, but to
avoid the appearance of labouring under such an
influence . . . '"
There is a case, Mr. Commissioner, in the Supreme
Court of Canada dealing with the position of arbitrators,
and it contains some statements that I submit are per­
tinent to this proposition, and this is the case of Szilard
V. Szasz, 1955 Supreme Court Reports, page 3, and in
this case the question to be determined was whether one
of the arbitrators, a man by the name of Sommer, was
disqualified by reason of the fact that he had had a busi;)

Onj^lpw^ FagtJ ,

�Bapplement-^are F&lt;
'fCenh'nuMi from Procoding fa$m)

feess relationship with one of the parties, unknown to
fti* other.
R was found that there was no doubt that there was
luch a business relationship, and the question was wheth&gt;
Ir or not that business relationship.jvas sufficient to dis­
entitle the arbitrator from being an arbitrator in the
proceedings.
Mr. Justice Rand at page 4 stated as follows:
"From its inception arbitration has been held to
be of the nature of Judicial determination and to
entail incidents appropriate to that fact. The ar­
bitrators are to exercise their function not as the
advocates of the parties nominating them, and for­
tiori of one party when they are agreed upon by
all, but with as free, independent and impartial
minds as the circumstances permit. In particular
they must be untrammelled by .such influences as
to a fair-minded person would raise a reasonable
doubt of that impersonal attitude which each
party is entitled to."
It is that proposition which I urge is equally applicable
here; that there must be no appearance of influence
which, to a fair-minded person, would raise a reasonable
doubt of that impersonal attitude to which each party
is entitled. Then:
"This principle has found expression in enumer­
able cases, and a reference to a few of them seems
desirable."
I would like to refer to only one of a long list of cases
to which he referred, and it is Sumner v. Barnhill, which
is found in (1879) 12—and 1 apologize for using this—
NSR 501.
The Commissioner: 1875?
Mr. Henderson: 1879, 12 NSR, and 1 am not—1 am frank
to admit 1 don't know what "NSR" stands for. It is page
501.
The Commissioner: 501?
Mr. Henderson: Mr. Justice Rand referred to that case
where an award was set aside on the ground that one of
the arbitrators was disqualified by the fact of having been
regularly retained as solicitor of the Estate of which the
Defendant was the executor, although he had not been
engaged as counsel or attorney in the matter referred,
and did not concur in the award; that was sufficient to
disentitle him. He had acted as solicitor.
Then, Mr. Justice Rand concluded, after referring to a
good many other cases that are listed:
"These authorities illustrate the nature and de­
gree of business and personal relationships which
leave such a doubt of impartiality as enables a
party to an arbitration to challenge the tribunal
set up. It is the probability of suspicion of biased
appraisal and judgment, unintended though it may
be, that defeats the adjudication at its threshold.
Each party, acting reasonably, is entitled to a sus­
tained confidence in the independence of mind of
those who are to sit in judgment on him and his
affairs."
Then, at page 7 Mr. Justice Rand made this statement:
". . . nor is it that we must be able to infer that
the arbitrator would not act in an entirely impartial
manner; it is sufficient if there is the basis for a
reasonable apprehension of so acting."
This, of course, was the same principle that was referred
to at page 154 of de Smith's work; a reasonable apprehen­
sion.
Another case, Mr. Commissioner, that 1 would ask you
to consider is that of Frome United Breweries Company
Limited—
The Commissioner: What is it?
Mr. Henderson: Frome United Breweries Company
Limited v. Keepers of the Peace and Justices for County
Borough of Bath, (1926) Appeal Cases, 586, and here the
licensing Justices of a County Borough referred an appli­
cation for the renewal of a license to the compensation
authority of the Borough. At a further meeting the licen­
sing Justices resolved that a solicitor should be instructed
to appear before the compensation authority and oppose
the renewal on their behalf. The solicitor appeared and
the compensation authority refused the renewal subject
to payment of compensation.
Now, three of the licensing Justices who sat and voted
as members of the compensation authority had been
parties to the resolution of the licensing justices author­
izing a solicitor to appear on their behalf. It was held
that the three Justices were disqualified from sitting on
the compensation tribunal on the ground of bias, and the
decision of the tribunal was set aside.
Viscount Cave at page 590 stated as follows:
"My Lord, if there is one principle which forms
an integral part of the English law, it is that every
member of a body engaged in a judicial proceeding
must be able to act judicially; and it has been held
over and over again that, if a member of such a
body is subject to a bias (whether financial or other)
in favour of or against either party to the dispute
or is in such a position that a bias must be assumed,
he ought not to take part in the decision or even
to sit upon the tribunal."
The Commissioner: That is not this case here, of course,
^t must be assumed—
Mr. Henderson: That is true, but the principle is whether

SEAFARERS

LOG

' there is this reasonable apprehension, and in this case—in
other words, as long as there is a reasonable apprehension,
then the principles of this case, in my submission, are
equally applicable. It goes on:
"This rule has been asserted, not only in" the
case of courts of justice and other judicial tribunals,
but in the case of authorities which, though in no
sense to be called courts, have to act as judges of
the rights of others."
So, the point in this case is that the principle is equally
applicable whether it is in a court of law or in a judicial
tribunal, or any such tribunal that is impressed with the
obligation, in my submission, to act judicially by the
statute itself.
At page 591 Viscount Cave continued as follows:
"From the above rule it necessarily follows that
a member of such a body as 1 have described can­
not be both a party and a judge in the same dis­
pute, and that if he has made himself a party he
cannot sit or act as a judge, and if he does so, the
decision of the whole body will be vitiated."
Proceeding a little further on page 591, it says:
"The Bath Justices when sitting as the compen­
sation authority under the Licensing Act of 1910
may not be a court; but they are performing a ju­
dicial act, for it is their duty after hearing evidence
and listening to argument, to pronounce a decision
which may vitally affect the interest of the persons
appearing before them. This being so, the Justices
who are members of the authority are bound to
act judicially and not to sit if they are subject to
that which in Reg. V. Rand was referred to by
Blackburn, J. as a real likelihood of bias; and I
cannot doubt that In the case of those three Justices
who took part in instructing a solicitor to oppose
the renewals of the license of the Seven Dials, such
a real likelihood of bias existed."
I will now give your Lordship another citation where
the same principle is asserted. It is King v. Justices of
Sunderland, (1901) 2 KB 357, where at page 364 the then
Master of the Roles, A. L. Smith, said:
"It appears to me that, in cases where the deci­
sion of Justices is impeached on the ground of a
bias such as is suggested in the present case, the
decision must really turn on the question of fact,
whether there was or was not under the circum­
stances a real likelihood that there would be a
bias on the part of the Justices alleged to have been
so biased."
And then he quotes again from Reg. v. Rand, which I
have referred to earlier;
"Wherever there is a real likelihood that the
judge would, from kindred or any other cause,
have a bias in favour of one of the parties it would
be very wrong in him to act: and we are not to be
understood to say that, where there is a real bias
of this sort, this court would not interfere."
Now, 1 have one more, Mr. Commissioner, the case of
King V. Essex Justices (1927) 2 KB 475, and in this case
a solicitor acted as clerk to Justices who entertained a
summons for.maintenance by a lady against her husband.
The husband sought to quash the decision of the Justices
on the ground that the clerk to the solicitor acted on be­
half of his wife in the preparation of a Deed of Separation.
The decision of the Justices was quashed, and Mr. Justice
Avery, at page 488, in applying the case of Rex v. Sussex
Justices and the principle earlier pronounced by Lord
Hewart, said this:
"We have here to determine, however, whether
or not there might appear to be a reasonable like­
lihood of his being biased. If there might, then
justice would not seem to the applicant to be done,
and he would have a right to object to the clerk
acting as such."
This is the case which 1 asked your Lordship to take
in the matter of waiver. Mr. Commissioner, you have men­
tioned the matter of waiver—
The Commissioner: You mentioned it; 1 followed it up.
Mr. Henderson: Well, the matter was raised.
The Commissioner: 1 will tell you that so that you have
the facts straight. You know, Mr. Ahern knew about this
months ago; he was told about it.
Mr. Henderson: 1 am instructed that he did not know
of the extent of the transaction or the detail of what was
involved.
The Commissioner: He knew, though, that 1 had acted
for the Seafarers International Union of Canada in Van­
couver in 1953 and 1954. John Ahern knew that.
Mr. Henderson: That may well be; 1 have certainly no
reason to say anything to the contrary.
The Commissioner: And Mr. Banks, of course, knew it
and knew all about it.
Mr. Henderson: Of course, there is a difference between
knowledge of the facts and knowledge of the rights which
flow from those facts.
The Commissioner: All right. He had been advised all
that time. Go on. It is important to bear that in mind, and
in fairness to you 1 mention that.
Mr. Henderson: 1 appreciate thai. I have been unable
to communicate, wjth Mr, Ahern;, J,don't know, what he

WtthTBMn t. INI
knew. I merely sar this, that this Is a matter that I-can
only deal with as from, I.think, around towards the end
of. December, and it was at that time I asked that tha
facts be made available to me and the law be examined.
I would ask your Lordship again to look at the Nova
Scotia case of Rex v. Handley (1921) 61 Dominion Law
Reports 656 and a judgment of Chief Justice Ritchie at
page 657 where he again deals with the requirement of
reasonable apprehension of bias.
The Commissioner: What is that, Ritchie?
Mr. Henderson: Ritchie at 657 and 658. At Page 657 jic
says:
"If the magistrate"—
Perhaps I should give your Lordship a rundown of the
facts. The decision in Nova Scotia arose out of an applica­
tion for a writ of prohibition to prevent a magistrate from
proceeding with the hearing of an information against a
defendant for an alleged violation of the Nova Scotia Tem­
perance Act. The information was laid against the de­
fendant on March 22, 1921, and an affidavit was filed.
The magistrate, according to the affidavit evidence, the
magistrate earlier than the 22nd March had been involved
in a fight in respect of this very matter, and Chief Justice
Ritchie said:
"If the magistrate has any pecuniary interest no
matter how small, he will be disqualified; in such
cases the mere suspicion of bias from pecuniary
interest is sufficient to disqualify. In this case,
there is no pecuniary interest and, in my opinion,
the question which the court has to decide is one
of fact, namely, is there substantial reason for
reaching the conclusion that the magistrate is like­
ly to be biased, or is there a reasonable apprehen­
sion of bias."
Then I will mention page 658, where Chief Justice
Ritchie continues:
"1 understand the duty of the court to be to
decide the question of fact as to whether there is
any real likelihood or reasonable apprehension that
the magistrate will be biased either consciously or
unconsciously."
Now, I submit therefore that the legal principle is clear,
and that a reasonable apprehension of bias is in law
treated as sufficient to disentitle or to disqualify anyone
who is obliged to act in a judicial manner, and I should
in passing refer to the Bill of Rights which confirms these
old existing rights of the individual.
I know you are familiar with it, Mr, Commissioner, but
it is found in the Statutes of Canada, (1960) Volume 1,
Chapter 44, Part 1, Section 2 (e), and this is as follows,
that every law of Canada shall, unless it is expressly de­
clared by an act of the Parliament of Canada that it shall
operate notwithstanding the Canadian Bill of Rights, be
so construed and applied so as not to infringe on any of
the rights of freedoms herein recognized and declared,
and in particular, no law of Canada shall be construed
or applied as to deprive a person of the right to a fair
hearing in accordance with the principles of fundamental
justice for the determination of his rights and obligations.
So, these pre-existing rights have now been protected
or preserved in this Bill of Rights.
Mr. Henderson: Now, Mr. Commissioner, you asked me
on what basis 1 consider you are sitting.
The Commissioner: 1 said without argument; I mean,
what do you say? You say 1 am acting in a judicial capac­
ity? Is that what you say?
Mr. Henderson: I say that this is so by reason of Section
56 and Section 33 and Section 34 of the Statute. That it
of course the Industrial Relations &amp; Disputes Act.
Section 56 is divided into two parts. By Section ,56 (1)
the Minister can hold an inquiry, can make the inquiry
himself or cause it to be made. Section 56 (2) is a different
type of inquiry, and 1 submit that you, Mr. Commissioner,
are sitting under Section 56 (2) with all the obligations
that are imposed in that section.
Section 56 (2) reads that:
"For any of the purposes of sub-section 1 or
where in any industry a dispute or difference be­
tween employers and employees exists or is appre­
hended, the Minister may refer the matters in­
volved to a Commission."
So by the very nature of this section, it contemplates
that there is a lis pendens. By the very nature it contem­
plates that there is a dispute or difference that mu^t be
resolved.
The Commissioner: Read on, Mr. Henderson.
Mr. Henderson:
. . may refer the matters involved
to a commission to be designated, as an industrial inquiry
commission, for investigation thereof, as the Minister
deems expedient, and for report thereon";
The authorities 1 submit are clear that merely because
a report is being made does not deprive the Commissioner
of the obligation to act judicially, and that this is so from
the time of Rex v Electricity Commissioners, 1924, 1 King's
Bench, at page 171, and I have in mind particularly the
statement made in Rex v Commissioners at page 198.
The Commissioner: All the authorities are reviewed
extensively in a number of Supreme Court of Canada
Cases, and I remember in particular the judgment of the
President of the Exchequer Court in the Pure Springs
case. He made a long review of all the authorities on the
matter.
(Continued On Following Pago)

�Wtbrman 9, IMt
' (CanfiiiuMf From Frocodlng foga)

&lt; Mr. Hendenon: As i understand It, that was whether-or
•' not Judicial discretion has been exercised in allowing or
disallowing a deduction from income tax.
The Commissioner: It went into the nature of these
inquiries? Inquiries are referred to.
Mr. Henderson: I am on a narrower point here,. Mr.
Commissioner, and this narrower point is that merely
because a report is made which requires somebody else
to act on it—as in the Electricity Commissioners case
where a report was made by the Commissioners to be
confirmed by someone else, that that is in itself not suffi­
cient to say that the tribunal is other than a judicial
tribunal.
The Commissioner: Mr. Henderson, you have a misun­
derstanding of the section. My report is not a report to
be confirmed by the Minister. It is a report in respect of
which he may advise. I advise him and he may advise the
government or he may not advise the government. It is
not merely a matter of confirming what I say.
Mr. Henderson: This is exactly the situation that arose,
. in my submission, in the recent case of the Board of
Broadcast Governors which is found in 1962 Ontario Re­
ports, page 190, and on appeal—
The Commissioner: 1962?
• Mr. Henderson: 1962, Ontario Reports, page 190. It was
over-turned at page 657. But in my submission on the
facts, not on the law, not on whether the Board was amen- able but on whether or not there had been in fact a
denial of substantial justice—and I should tell your Lord­
ship that leave to appeal in that case was denied to the
Supreme Court of Canada, this is the end of it. But in
that case of the Board of Broadcast Governors, under that
, statute the Board of Broadcast Governors were to make
a report to the Minister. The Minister did not have to
act on it; he did not have to do anything; he did not have
to grant a license; he did not have to accept their recom­
mendation at all. The Minister could ignore their recom­
mendation; he could file it in the waste paper basket, but
that did not acquit the courts from requiring—
The Commissioner: That is not the position here at all.
Mr. Henderson: I submit it is.
The Commissioner: There is no question of anyone not
getting substantial justice. You have expressly disallowed
any attack from the manner in which this Inquiry has
been conducted.
Mr. Henderson: We are defining "substantial justice"
in different ways; I am including in "substantial justice"
the right to a hearing or appearance. I am including in
that that aspect of the matter.
In the Board of Broadcast Governors case the matter
of whether or not a report was being made was dealt with
by the Chief .Justice of the High Court in Ontario, and he
held after a lengthy review of the authorities that merely
'because a report was being made was not sufficient to
deny the right of certiorari against the Board or to deny
the writ of prohibition against the Minister in respect
of a regulation made by the Board. That is all that the
Board of Broadcast Governors under the statute is re­
quired to do—make a report.
So the mere fact that a report is required to be made
and to be acted upon by others does not mean that these
principles upon which I rely can be ignored.
I would urge upon you, Mr. Commissioner, the reason­
ing of Mr. Justice McRuer in respect of that portion of
the judgment which deals with the proposition as to
whether or not the Board of Broadcast Governors was
amenable, because I hasten to say that on the facts Mr.
Justice McRuer's judgment was over-turned, but not on
that proposition. He rested his case, or relied strongly on
the case of Rex v. Electricity Commissioners which he
holds still to be good law.
So the mere fact, I submit, that a report is to be made
' does not mean that the principles which I have been
urging can be disregarded.
Then in reading on in Section 56(2):
". . . and shall furnish the Commission with a
statement of the matters concerning which such
inquiry is to be made, and in the-case of any in­
quiry involving any particular persons or parties,
shall advise such persons or parties of such ap­
pointment."
So that we find in this statute impressed upon whatever
commissioner is appointed statutory obligations, and in
my submission those statutory obligations are those ob­
ligations which adhere to or which are impressed upon
one who is required to act judicially. Therefore it follows
that this Commission is obliged to act judicially and to
appear to all those aspects of what I submit are the prin­
ciples of natural justice.
Let us examine some of the requirements.
Section 56 (2): Notice to parties involved.
Section 56 (3): An obligation to enquire which requires
the holding of a hearing. So there must be notice and
there must be a hearing.
Section 56 (5): Full opportunity to all parties to pre­
sent evidence and make representations—and opportunity
to be heard, another one of the attributes of natural
Justice which anyone who decides rights must adhere to.
But these are written in; these do not have to be imposed
upon the tribunal by a court; they are imposed upon a
tribunal by statute, which I consider makes it clear that
it is intended that this tribunal should be guided by all
the principles of natural Jqstice.

SEAFARERS LOG
•Section 56 (4): The parties entitled to a copy of tho
ceport.
-Section 56.(5): Makes applicable certain other sections
such as Sections 33 and 34.
Section 36 (5): By making Section 33 and 34 apply
makes it clear that the tribunal is being given the powers
of a court, and not only are the attributes of natural
Justice written into the statute but the tribunal is given
the powers ordinarily reserved to a court.
Section 33 (1): Power to summon witnesses and re­
quire them to give evidence under oath. (Section 33 (2),
sub-section 1 again: Power to require witnesses to pro­
duce documents).
Section 33 (2): The commission has the power to re­
quire attendance of witnesses and compel them to give
evidence as vested in any court of record in civil cases.
Section 34: The commission has power to inspect and
view premises, buildings and the like.
All these powers are those ordinarily reserved to a
court of law, so I submit that when one—
The Commissioner: Why do you say that? They are
not reserved for a court of law. Any inquiry board
might be given power to inspect premises and all those
things, whether it was a judicial body or not. When
you said "reserved" you did not mean "reserved."
Mr. Henderson: I would put it this way—reserved in
the sense that they are matters which are always found
in courts of law. When I said "reserved"—
The Commissioner: I am not so sure about that. I am
not so sure about the right to inspect and so on.
Mr. Henderson: The right-to inspect premises?
The Commissioner: Yes. They are given that power,
but it is not one of those natural powers that they have.
It is not one of those things that is an attribute essentially
of a judicial body.
Mr. Henderson: If considered in isolation - perhaps,
Mr. Commissioner, that would be so. If this were the
only one, then one could segregate this and say it is
not enough, but it is a facet of the over-all picture, the
over-all picture being that these are rights that are—
and I think I should not put it higher than this—ordi­
narily associated with a court.
So I say the statute has created powers and has created
obligations which make this tribuanl a tribunal that is
required to act judicially. May I give you other authori­
ties on this particular point, Mr. Commissioner? I have
already given you a case of Rex v Electricity Commis­
sioners, 1924, 1 King's Bench, page 171, and this is the
judgment particularly c-f Lord Justice Banks at page 198.
I would like to cite the case of Imperial Tobacco v
McGregor, 1939 Ontario Reports, page 627, and par­
ticularly the ramarks of Mr. Justice Riddell in dealing
with this aspect of the matter as follows:
"And it may be that it will be considered that
a wrong view has been taken by some judges of
the language of Atkin, L. J. 'Whether or not any­
body or persons having legal authority to de­
termine questions affecting the rights of subjects
and having the duty to act judicially act in excess
of their legal authority. They are subject to the
controlling jurisdiction of the King's Bench Divi­
sion excercised in these writs' that is the Writs
of Prohibition and Certiorari.'
The Lord Justice does not say these are the only
persons who are so subject. He does not say
'only' "; that is, only those that affect the rights
of subjects. Merely because the rights are di­
rectly affected does not mean that the tribunal
is free from being amenable to the prerogative
rights or that these principles of natural justice
are not applicable.
Another recent case in Ontario, Mr. Commissioner, is
that of Regina v London Committee of Adjustment, Ex
Parte Weinstein. This is found at 1960 Ontario Reports,
225, and I would adopt as part of my submission to you,
Mr. Commissioner, the argument of counsel which ap­
pears at page 226 to 229, but particularly the submission
made at the top of page 228. I will adopt as part of my
submission the submission made by counsel there where
he details Rex v Electricity Commissioners and cases
associated with it.
The late Mr. Justice Morden, at page 234, after dealing
with Rex v Electricity Commissioners says:
"There is no doubt in my mind that committees
of adjustment are given the power to affect the
rights of persons."—
That was one aspect of it, and then he went on:
"Their decisions under Section 18 of the Plan­
ning Act, 1955, affect the rights of the owners
and occupants of the lands which are the subject
of applications before them, and the rights given
by Section 497 of the Municipal Act to rate payers
to take action to restrain the contravention of
restrictive by-laws. The appellants did threaten
such an action before the committee entertained
the application. If the committee's decision stands,
the appellants have no longer any right to re­
strain the opposed use of the land in question
by the Commission."
Then the second aspect of this decision:
"As the committee has authority to affect the
rights of others, it follows that it is under a duty
to act judicially, re Napman and Salt, 54 Ontario

•qpplanent—Face FIv*
Reports, as affirmed In 1966 Supreme Court Re­
ports, 877."
Now this is the second aspect:
"However, In the case at bar we do not need to
draw the inference that the committee is bound to
act Judicially. As Gail, J. said in the Napman case,
such a duty is in plain terms imposed upon it by
Section 17 (11), (12) and (13) as enacted by 59
Chapter 7, Section 2 and by Section 18, sub-sections
4, 6, 7, 8, and 10 of the Act and by the rules of
procedure of the London Committee which were
approved by the Minister.
In my opinion, committees of adjustment are
subject to order of prohibition and certiorari, and
their decisions when made following proceedings
which contravene the provisions of the Act and
the rules of procedure or which exceed their statu­
tory powers, may be quashed by an order of the
the High Court."
So that in my submission a tribunal may be amenable
either on the ground that they affect rights or that the
principles of natural justice have been written into the
statute—on either basis, whether they accept rights or
not. In my submission here the statute conains terms
which impose upon a Commissioner appointed under
Section 56 (2) the obligation of adhering to thg principles,
all the principles of natural justice by reason of the fact
that so many of them have been oulined specifically in
the statute.
There is a recent case, Mr. Commissioner, on this point.
It is Guay v Lafleur. This is the subject, oddly enough,
of an editorial in the Globe and Mail today. This is a case
that must have just been released, although it is dated
December. It is the case of Philippe Guay • Rene Lafleur
and it is a judgment of the court of Queen's Bench in Ap­
peal in the Province of Quebec. Although it bears a date
in December, I believe it has just been issued. The num­
ber in the docket of the Province of Quebec, District of
Montreal, is No. 7505. The court divided three to two.
The Commissioner: You can supply a copy of that to me,
can you?
Mr. Henderson: I have a copy which I will make avail­
able.
The Commissioner: To me?
Mr. Henderson: To you, Mr. Commissioner. The only
part I wish to read—and I apologize for my very poor
French—is the first part of Mr. Justice Rinfret's decision,
which reads as follows. He is quoting here from the text
of the submission made to him and then he denies this
statement from the text of counsel:
"... 'Ce n'est que lorsquil'il s'agit de definir
ainsi ses droits et obligations qu'une personne a
droit a une audition impartiale'; cette phrase, tiree
textuellement du factum de I'appelant, denote a
mon avis, de la part de celui qui I'a ecrite, une
fausse conception de ce doit etre la justice, meme
en matiere administrative."
In other words, that it is not necessary that rights be
affected directly by the decision of the tribunal before it
is amenable to these prerogative rights, and a fortiori, it
is not necessary where a Commission is considering its
position in relation to the obligations imposed upon it by
the authorities in respect of natural justice.
Mr. Commissioner, you expressed surprise that this ap­
plication was made as of this date, and I submit that hav­
ing regard to the important nature of this inquiry it is
imperative that the matter of—that this matter be one
that is considered by you, notwithstanding the period of
time that has elapsed.
The Commissioner: All I said about that was that it is
amazing that, after these months of hearings and all the
money that has been spent by everybody in having these
hearings proceed, when to the knowledge of your clients
these circumstances existed, that at this stage, on February
1st, 1963, this application should be made in respect of
matters that occurred over ten years ago. That is all I say.
Mr. Henderson: Yes, I agree, Mr. Commissioner, that it
is unfortunate that this should have happened. I merely
submit that there is no waiver in law of the position which
I am urging.
The Commissioner: That may well be.
Mr. Henderson: If that is so, the submission I make
should still be entertained. In that regard, Mr. Commis­
sioner, you may wish to consider the cases of The King
V Sussex Justices—
The Commissioner: I know them.
Mr. Henderson: — and also expression contained in
Szilard v Szasz, So I submit, Mr. Commissioner, that the
tribunal is a tribunal that ought to consider the principles
of natural justice including the matter of the appearance
of independence, and I submit that this appearance of
independence is fundamental in the administration of jus­
tice and the administration of this particular statute which
will affect such a substantial segment of our community.
I submit that it is absolutely essential that there be full
public confidence in respect of this particular matter and
that public policy imposses the necessity of such public
confidence, and that this is so fundamental that I would
submit to you, Mr. Commissioner, that it is the foundation
of the rule of law.
The Commissioner: Thank you, Mr. Henderson. As I
(Continued On following Page}

�SEAFARERS

Supplement—^Paire Six
(Continuud From Preceding Poge)

i;

understand it, just putting it shortly, your proposition Is
this, that there is a reasonable apprehension in the eyes
of a reasonable man and in the mind of a reasonable man
that I am acting improperly because in 1953 I acted for the
Seafarers International Union of Canada in respect of an
injunction matter, in regard to which I was successful on
their behalf?
Secondly, that there is such reasonable apprehension
that I will act improperly because I acted for the Sea­
farers International Union of Canada some ten years ago
in respect of the acquisition of their building in Vancouver,
because I did the solicitor's work in connection with their
building and advised them as to how buildings should be
held by unions? Then, thirdly, that in certain matters in
respect of the certification of the Seafarers International
Union of Canada, I was successful some ten years ago on
behalf of the Seafarers International Union in bringing
about an agreement with the shipowners?
Mr. Henderson: Yes. When you say "improperly," I say
that, of course, is in respect of legal principles.
The Commissioner: In law.
Mr. Henderson: Yes, in law.
The Commissioner: And you do expressly state that
there is no bias in fact? You are not alleging that?
Mr. Henderson: I am not alleging bias in fact.
The Commissioner: All right. I do not know whether
other counsel want to be heard on this question. This
matter has been heard for such a length of time that I
think we will adjourn for a few minutes and then I will
decide whether I want to hear other counsel just now,
or not, or what I am going to do about this matter.
We will adjourn for about ten minutes.
—Short recess
The Commissioner: Mr. Wright, have you got something
you wish to say?
Mr. Wright: My Lord, I would like to speak very briefly
on this matter.
The Commissioner: I know you are being crowded, but
go ahead.
Mr. Wright: Although my reply must, of necessity, be
somewhat incomplete, I would like to make a brief sub­
mission to your Lordship. 1 would like to read first, only
from the headnote, because I have not had an opportunity
to read the judgment in full, from Regina v Camborne
Justices.
The Commissioner: What is the case?
Mr. Wright: The case is Regina v Camborne Justices
and another. Ex parte Pearce, my Lord, and jt is reported
in 1955 Queen's Bench Division, Volume 1, at page 41.
In this case I woiiifl like to read from the last paragraph
of the headnote. It is a judgment of the Divisional Court
which consisted of Lord Goddard, Mr. Justice Cassels and
Mr. Justice Slade.
The headnote reads:
"Per curiam. The frequency with which allega­
tions of bias have come before the courts in recent
times seems to indicate that Lord Hewart C. J.'s
reminder in Rex v Sussex Justices, Ex parte Mc­
Carthy (1924) 1 King's Bench, 256, 259, that it 'is of
fundamental importance that justice should not
only be done, but should manifestly and undoubt­
edly be seen to be done' is being urged as a warrant
for quashing convictions or invalidating orders up­
on quite unsubstantial grounds and, indeed, in some
cases, upon the flimsiest pretexts of bias. Whilst in­
dorsing and fully maintaining the integrity of the
feels that the continued citation of it in cases to
principle reasserted by Lord Hewart, this court
feels that the continued citation of it in cases to
which it is not applicable may lead to the erroneous
impression hat it is more important that justice
should appear to be done than that it should in
fact be done."
My Lord, I would like to say at the outset that I knew
your Lordship had acted for the SlU sometime ago. I
was not the least bit concerned about it, and neither were
my clients. But I had no idea what the nature of your
Lordship's work was on behalf of the SIU. I knew it
involved something about an injunction proceeding and
I did not bother going into the matter. I knew that your
Lordship had also sat on a case involving the SIU, be­
cause it is referred to in one of the Exhibits that has been
filed in this Inquiry. But the SIU knew better than I, or
better than any of my clients did, that your Lordship had
acted for them, and if anyone's suspicions should have
been excited, I should think that it would have been the
SIU who would have been concerned if, in fact, there was
an element of bias that might have occurred to them.
They knew the full extent of your Lordship's partici­
pation when you were counsel, much better than 1 did.
Mr. Banks knew it. Your Lordship has indicated that Mr.
Ahern, who is leading counsel for the SIU, was also aware
of it. I think it is against this background that this mo­
tion must be considered. My learned friend Mr. Hender­
son has stated to your Lordship that they raise no objec­
tion as to the manner in which this Inquiry has been
conducted. Generally speaking, in any case that I have
been interested in, or that I have read about where the
issue of bias was raised, it is one tha^ is raised prospec­
tively;, it is one that is raised before the litigation com­
mences.
Fcfjtqnaieiy,^,,i)iy, Lord,. IA this case we\are all more

/

LOG

than six months older today than we were when the In­
quiry began.
The Commissioner: You mean, in terms of days and
months?
Mr. Wright: Yes, my Lord.
The Commissioner: I do not know how much older we
are in our own years.
Mr. Wright: Yes. We have now something to fall back
on historically, as it were, retrospectively, to assess the
validity or the merits of the motion. Having stated that
they raise no objection as to the conduct and as to the
manner in which this Inquiry has been conducted—hay­
ing stated that to your Lordship, it seems to me that they
have left themselves hardly, if not completely, any argu­
ment upon which they can rely.
We have at least this much to say. We can look back to
what happened between the 7th August, 1962 and the
1st February, 1963 and examine the transcript, the rec­
ord, to see whether or not there is anything there that
reveals any conduct on the part of your Lordship which
would indicate bias or prejudice. It seems to me that my
learned friend has misconceived.the basis of the business
which is being transacted in this Inquiry. He says that
your Lordship owes a duty to the parties, and he says
that one of those parties is the SIU. I say that this is
the basic misconception of Mr. Henderson's argument.
There are no parties; there is no litigation; there Is no
lis, and therefore there is no lis inter partes.
Your lordship cannot compel any of the parties to ap­
pear before you day after day. Your lordship, under Sec­
tions 33 and 34 of the Industrial Relations and Disputes
Investigation Act, has the power to summon witnesses and
to enforce attendance, but once that evidence has been
given the parties are free to leave. I may leave tomorrow;
the SIU may leave tomorrow. We are not parties before
your lordship. We make no claim of any kind; no pecuniary
rights are affected; no property or proprietory rights are
affected. All your lordship has power to do is to submit
a recommendation or recommendations to the Minister of
Labour. The Minister of Labour may or may not take
action as a result of what your lordship may or may not
recommend.
Now, my lord, I think the important matter to consider
here is this, and Mr. Henderson obviously agrees with me.
It is that mere suspicion of bias is not enough. There must
be a likelihood of bias. This is indicated in the judgment
of The Queen v Rand, reported in Volume 1—
The Commissioner: What is the year?
Mr. Wright: The year is not stated in this case, my lord.
It is an old report. It is Volume 1. Queen's Bench, at page
230. I refer specifically to page 232, at the bottom of the
page:

Febmair t, 19(t
involves a lis, which involves a right, a pecuniary and •
proprietory right which stems from an application or
applications made to the BEG. I see no similarity between
a situation of that kind and the situation presently before your Lordship.
I must make this assertion; I respectfully submit that
the application by the SIU is not made in good faith. I
say they cannot be heard to make this application moire
than sbt months after the establishment of this Inquiry;
more than six months of their constant participation in
the Inquiry before your Lordship. I say it is not made in
good faith because there are Exhibits filed before your
Lordship which accuse your Lordship of bias. There are
Exhibits that are filed before your Lordship in which
Mr. Banks and Mr. McLaughlin have stated that you are
guilty of bias. Mr. Henderson has admitted—
Mr. Henderson: With respect, this is the third time I
have mentioned this. I said at this time that conduct is
irrevelant.
The Commissioner: You said more than that—^just a
minute, listen to me; what you said was that bias, in fact,
was not alleged.
Mr. Henderson: That is right, but that is not what my
friend is saying.
The Commissioner: I will not take it any further than
that.
. Mr. Henderson: If my friend will stick to my submission.
The Commissioner: What he is now saying, Mr. Hender­
son, is that if you have suggested a suspicion of bias,' then
-you couldn't say that you can't be heard to say that unless
there is bias alleged—
Mr. qenderson: That is one thing he said, and that is
not what I am raising; my friend has misstated my posi­
tion three times, and I say that the matter of the conduct
of this hearing is irrevelant to my submission.
The Commissioner: That is not what you said. You said,
Mr. Henderson, that bias in fact is not alleged.
Mr. Henderson: That is right.
The Commissioner: That is all I want you to say.
Mr. Henderson: That is right.
The Commissioner: You may not go any further than
that.

Mr. Henderson: If my friend will stick to that and go
no further, that is fine. But let him make it on my state­
ments and. not on his exaggeration of them.
The Cpmmissionen I will not have these words.
Mr. Henderson: I haye been accused, or my client has
been accused of bad faith, and I submit that this kind of
an allegation—
"Whenever there is a real likelihood that the
The Commissioner: You are not accused of bad faith,
judge would, from kindred or any other cause, have
your
clients are accused of bad faith because they haven't .
a bias in favour of one of the parties, it would be
very wrong in him to act; and we are not to be un­ made the application until a lapse of six months. Why
derstood to say, that where there is a real bias of shouldn't Mr. Wright, if that is right, accuise you of that?
Mr. Henderson: It is evidence of delay, not bad faith.
this sort this Court would not interfere; but in the
present case there is no ground for doubting that
The Commissioner: That, I think, may be inferred from
the justices acted perfectly bona fide; and the only this.
question is, whether in strict law, under such cir­
Mr. Henderson: It is not for your Lordship to determine,
cumstances, the certificate of such justices is void,
as it would be if they had a pecuniary interest"— I submit; there is a great difference between delay and
bad faith, and I understand there is no evidence of that.
Obviously, therefore, my lord, there must be a likeli­
The Commissioner: You heard me, Mr. Henderson, and
hood of bias on the part of your lordship. If ever this is­
sue can be discussed in practical terms, such is the case you must accept my statement. You heard me; I said that.
in the form in which it now comes before your lordship. Mr. Ahern knew about this months ago.
We have, as I have said, some 9l days of hearings to look
Mr. Henderson: I do accept your statement, Mr. Com­
back to. We have the concession that there has not been missioner.
any act of prejudice or bias on the part of your lordship
Mr.' Wrightj I say that the motion is not made bona
shown towards the SIU. I say that once they have ad­
fide.
I will riot agree, then, my friend does not allege
mitted that, once they have made that concession, nothing
that there is any bias in fact. I think I am entitled, my
remains of their motion.
Lord, to assess that statement in the light of the Exhibits
.
In fact, bias is really a state of mind. Generally speak­
that
have
been
filed,
and
when
I
hold
those
two
state­
ing, as I said at the outset, a Court when it is confronted
ments side by side, as I think we are entitled to do, and
with a motion of this kind must attempt as best it can to
to examine whether pr not these statements in fact have'
explore into the possible state of mind of the adjudicat­
any meaning—
..
ing official. In this case your Lordship's attitude towards
The Commissioner: Which statements?
the SIU, if this is what they fear, is evidenced by your
actions in the last six or seven months, and we do not
Mr. Wright: The statement of accusing your lordship
have to investigate the matter prospectively.
of bias, as evidenced in the Exhibits, and the statement
1 see no similarity whatever between the issue involv­ by my learned friend Mr. Henderson, that he says he
ing the Board of Broadcast Governors and this Inquiry. alleges no bias in fact.
The Board of Broadcast Governors is a body, a quasi-ju­
The Commissioner: I am not interested in that. I accept
^
dicial body, and at one and the same time an administra­
Mr. Henderson's statement.
,
• -i
tive tribunal which acts on the strength of applications
Mr. Wright: And so do I.
that are made to it by interested parties. The parties
submit applications for licenses; they submit briefs in
The Commissioner: Let us go on from there.
.
' v'- • •
•
support of their applications. There are proprietory and
Mr. Wright: However, I say that in view of the delay
pecuniary rights involved. Although I am not familiar, or
not sufficiently familiar with the proceedings of the and in view of everything that has transpired in this hear-^ .
Board of Broadcast Governors as to whether or not they ing, this application is not made in good faith and should
have the right to issue licenses, or to recommend the be dismissed. I cannot elaborate on the matter now, I am
not fully prepared to make a full submission.
issue of licenses—
The Commissioner: All right.
The Commissioner: You are going too quickly, Mr.
Mr. Geiler: If I might make a brief submission. I don't
Wright. The Reporter may be having trouble. have a second team so I could do my preparation, but I
Mr. Wright: I am sorry, my Lord. Whether the Board of
think, my Lord, there are two basic points made by my
Broadcast Governors actually issues a license or recom­ learned friend Mr. Henderson with which I would like to
mends to the responsible Minister that a license be
deal.
issued—
Firstly, that your lordship is an amenable tribunal, a.
Mr. Henderson: They do not issue licenses.
tribunal which is amenable to the rights of prohibition
Mr. Wright: My learned friend Mr. Henderson says that and certiorari, and ray friend says a tribunal is amenable
they do not issue licenses. The fact is that they then make if it affects righ(,s or interferes with natural justice-rrecoiumead«ttjoi}», fqg iHiep.,iS9daPi:e, of licenses,, whiph ,
I fCmin'quH^;po /oifonWng - RogaJ
I

�Febniary 8&gt; 1981
(Conh'nuad from Prof ding Pago)

The Commissioner: I thought you were going to say
that I was an amenable person!
Mr. Geller: You are one of the most amenable tribunals
1 have ever had the privilege of appearing before.
The Commissioner: I have earned the reputation of a
crusty individual, but I am not open to flattery, you know.
Mr. Geiler: I support my friend Mr. Wright's submission
to your lordship, knowing what you are empowered to do
by the statute or how your Commission can affect the
rights, and I know that you will merely make recommenda­
tions to the Minister which may or may not be acted upon.
The Broadcast Governors case has no application what­
soever.
As regard the statement of my friend Mr. Henderson
as to the principles of natural justice being written into
the statute, his basic proposition for this is that your
lordship has the rights not only of Section 56 but of
Sections 33 and 34. Sections 33 and 34 are not the rights
of courts, as my friend Mr. Henderson has indicated.
They are the rights of conciliation boards. They are
bodies which not only may not make reco'T&lt;mendations,
but where the reports are not even acted upon to the
extent that your lordship's report may be. They are
powerless bodies. They have the power to conciliate,
and that is all, and these are the powers which Mr.
Henderson relies upon to make your lordship a tribunal
which is amenable to prohibition.
Now, I say the second branch of his argument, my Lord,
even if there is any merit in the first, must fail in my
respectful submission, in that your lordship's tribunal
does not affect rights because your lordship may merely
make recommendations which may or may not be acted
upon at all. It is a matter for the executive to determine
and not for your lordship, and that there is nothing in
the statute which makes your lordship, as my friend
would say, or would have your lordship, as my friend
to the principles of natural justice by virtue of what is
written in the statute. Sections 33 and 34 do not give
your lordship the rights of a court; they give your
lordship the rights of a conciliation board.
Your lordship, of course, has somewhat broader rights
under Section 56, but, I say again this is only in con­
nection with an investigation for the purposes of making
a report to the Minister which may be or may not be
acted upon, depending upon executive determination,
and, in any event, the reprt does not deal with the rights
of litigants or parties.
Now, with respect to the first branch of my learned
friend Mr. Henderson's argument; basically it works itself
down to whether there is a reasonable apprehension of
bias which disqualifies the person who is obligated to act
in a judicial manner. Even if your lordship is obliged
to act in a judicial manner, there must be a reasonable
apprehension of bias, and here I think that my learned
friend Mr. Wright's point is very important, and that
is that this apprehension is a prospect, there must be
something in prospect.
The decisions which my learned friend relied upon are
dealing with arbitration boards, they deal with inferior
tribunals of various sorts, and also deal very largely with
matters where there is a pecuniary' interest involved,
and I think,'iny Lord, that we must disregard all decisions
where there is a pecuniary interest involved as this is
an entirely different thing.
My Lord, a reasonable apprehension of bias after 90
odd days of hearing, is almost, or to me, with respect to
my learned friend, a ridiculous proposition to put before
your Lordship. Your Lordship Is in a position and was in
a position, when you embarked upon this matter to know
to what extent you had acted for any of the parties. I was
not, although, my Lord, 1 did know that you had acted
for one of the parties; this was known to me and to my
clients. We do not feel that a solicitor or counsel acting
for a party some ten years before the event is disquali­
fied from acting.
Whether we feel this way or not is irrelevant and evi­
dently, my Lord, Mr. Banks of the SIU did not feel this
either when the matter first came before them. Your
Lordship's appointment was announced in July and Mr.
Ahern's firm appeared before your Lordship in August.
On August 7, my Lord, a representative of Mr. Ahern's
firm appeared before your Lordship. Your Lordship ad­
vised, or Mr. Ahern as well as Mr. Banks was fully aware
of the extent of your Lordship's advice to Mr. Banks in
his union some years before this. Certainly the doctrine
of laches must have some relevance here and the doc­
trine of waiver must have some relevance here and cer­
tainly the fact that the SIU waited for 90 days before
coming before your Lordship with this allegation, must
be given some weight in your Lordship's consideration.
I think my learned friend Mr. Wright, my Lord, in my
submission had every right and every reason and every
justification for suggesting bad faith.
I suggest more than that; I suggest that this motion is
frivolous and is only put before your Lordship for the
purpose of further attempting to delay the proceedings
of your Lordship's inquiry.
This is not the first time that matters have been at­
tempted to be delayed by the SIU, and I think that it is
against that background that your Lordship should con­
sider this motion.
Just to mention a couple of instances, my Lord: there
was a reading of financial reports into the record for a
whole afternoon, and allegations made before of certain
types and various motions which were made and repeated
agaih and .again at great consumption of time. My Lord,

SEAFARERS

Supplement—^Paye Seven

LOG

it is my respectful Submission that neither branch of my
learned friend's argument is sound but, more than that,
it seems to me that the important factor is that the SIU
—the party which one would have thought would be least
concerned because you acted for it—should not be per­
mitted to wait 90 days and then come before your Lord­
ship and say, "Just because you acted for us, you must
be biased against us." It seems to me, my Lord, that the
SIU's position is that anybody who knows anything about
their matters must automatically be biased against them.
The Commissioner: Mr. Couture?
Mr. Couture: My Lord, I would think, sir, that if the
objection of my learned friend Mr. Henderson is well
founded that it is frightening to think of the idea of
potential future disqualifications on the basis of SIU
business.
However, the point I believe, my Lord, which I think
I ought to make to support my opposition to the motion
relies in part on W. A. Robson on Justice and Administra­
tive Law, which hasn't been referred to yet, my Lord. I
would like to refer to that chapter—
The Commissioner: What edition is it?
Mr. Couture: I would like to refer to page 60, amongst
others, my Lord.
The Commissioner: What edition is it?
Mr. Couture: It is in the 1928 edition, my Lord. As I
read Robson, an objection based on the appearance or
suspicion of bias, or a challenge to the favour, must rely
on bias or favour of a substantial nature and not on mere
technicalities.
The Commissioner: What page is that, page 60?
Mr. Couture: Page 60, my Lord. That chapter dealing
with disqualification starts at page 58.
Then, not dealing any further with the points which my
learned friend Mr. Geiler has dealt with with respect to
the nature of the powers given to your Lordship in the
conduct of this Commission, but merely going to one of
the points raised by my learned friend Mr. Henderson,
he referred to the entry and inspection of promises given
to a Conciliation Board and also to a Commission under
Section 56 as being one of the attributes of the judiciary,
and I would merely bring this to your Lordship's atten­
tion, that as a matter of principle this entry or visiting of
promises is prohibited to courts or judges in the province
of Quebec.
I would also point out that the rules which my learned
friend Mr. Hepderson referred to, together with the cases
as to the appearance in court or at a hearing of a dis­
qualified person, does not apply here because that would
undoubtedly beg the question or the issue.
I would finally, my Lord, refer to the textbook quoted
by my learned friend Mr. Henderson, de Smith, Judicial
Review of Administrative Action, and reference has been
made to the first sentence on page 154, which reads as
follows:
"A reasonable apprehension of bias may arise
because of the professional, business br other voca­
tional relationship of an adjudicator with a party
before him."
And there is a footnote number 6 after the word "pro­
fessional," and this refers, my Lord, to an article by
Frank entitled "Disqualification of Judges" which appears
in (1947) 56 Yale Law Reports at page 605, and I believe
in making reference to this article written by Frank, my
Lord, that you will take particular note of his statement
relative to Bracton as read from de Smith by Mr. Hen­
derson, because the origins are described as follows, my
Lord:
"Although Bracton tried unsuccessfully to in­
corporate into English law the view that mere 'sus­
picion' by a party was a basis for disqualification,
it was Coke who, with reference to cases in which
the Judge's pocketbook was involved, set the stand­
ards for his time in his injunction that 'no man
shall be a Judge in his own case.' Blackstone re­
jected absolutely the possibility that a Judge might
be disqualified for bias as distinguished from
interest."
Subsequently we had cases which determined the law
on the subject, and the law appears to be quite clear—
and again with reference to de Smith at 'page 162—where
we find this:
"Moreover, because the disqualifications do not
of themselves render the proceedings a nullity, a
party may waive his objections to that. Objection
is generally deemed to have been waived if the
party or his legal representative knew of the dis­
qualification"—
"the party or his legal representative"—
The Commissioner: What page is that?
Mr. Couture: At the bottom of 162, my Lord, and going
on to top of 163:
". . . knew of the disqualification and acquiesced
in the proceedings by failing to take objection at
the earliest practicable opportunity."
^
Then the cases: I believe I am reading de Smith—
rightly and properly when I take it this way, my Lord,
that there is a presumption of a waiver if prompt action
is not taken and the onus is on the party formulating
the objection to prove that in actual fact he did not
waive.
In this particular case I would submit that this onus
has not been met in the presentation of this objection.

because reliance has been placed on a different presump­
tion and the onus has not been met of showing that the
presumption did not apply.
Mr. Henderson: Mr. Commissioner—
The Commissioner: Mr. Henderson, in reply?
Mr. Henderson: Yes, in reply.
My first reply is to Mr. Wright's statement that there
are no parties here. In this he has not read Section 56 (2)
which speaks about parties. You will see that in Section
56 (2) the obligation under the statute is to furnish the
Commission with a statement of the matters concerning
which such inquiry is to be made and ih the case of any
inquiry involving any particular person or parties shall
advise such persons or parties of such appointment.
So clearly the legislation denies Mr. Wright's submis­
sion that there are no parties here; there are parties
here. I submit—
The Commissioner: There are?
Mr. Henderson: This is parties to the dispute, because
in Section 56 (2) they speak of a dispute.
The Commissioner: I am saying about a question as
to whether or not there is a lis. We have had that over
and over again, as you know.
Mr. Henderson: I agree.
The Commissioner: It is a very uncertain and nebulous
ground on which to proceed. However, I want to hear
you.
Mr. Henderson: The ninety days of hearing have
established that the parties are at least at arms' length,
that here there is a clear—I submit, a clear—area in
which there is a lis and that there are parties to that lis.
Mr. Chairman, in respect of the matter of bias in
fact, I am not going to get into this as I submit this is
entirely irrelevant, and I will leave it there.
I would like to give you one case, however, that of
Shraeger v Vasle Dighton Limited, and it is in 1924,
1 King's Bench Division, 274. Lord Justice Atkin made
this comment on the importance of this principle. My
learned friend Mr. Wright rather casts—
'I'he Commissioner: This is on what point?
Mr. Henderson: On the importance of the principle
I urge.
The Commissioner: Is this reply?
Mr. Henderson: This is reply to the point my learned
friend Mr. Wright makes.
The Commissioner: All right, go on. Frankly I do not
think it is, but 1 am going to let you go on anyway.
Mr. Henderson: Well, I will be fair with your, Mr.
Commissioner—
The Commissioner: I have never been fussy on matters
of reply. Go on. I have had it argued against me.
Mr. Henderson: "Next to the tribunal being in fact
impartial is the importance of it appearing so."
The Commissioner: Page ?
Mr. Henderson: Page 284.
The Commissioner: Weil, that is the same proposition.
Mr. Henderson: My learned friends have somehow mis­
conceived the submission I am making because they seem
to treat this as if this was a motion for certiorari, and
whether or not you are amenable in that sense. This Is
not the purport of my submission.
The Commissioner: I know what you are saying. The
proposition is this, that I should disqualify myself because
of this, and often—and I say "often"—a judge does not
disqualify himself on a motion to prohibit him on cer­
tiorari; the same argument is being made before you as
is made before a judge.
Mr. Henderson: That is right, but in considering your
position the question as to amenability is not a binding
factor as it would be on a judge hearing a certiorari mo­
tion.
The Commissioner: I do not understand that.
Mr. Henderson: Let me put it this way. You have, Mr.
Commissioner, to consider your, position in relation to
the kind of tribunal that we have discussed.
The Commissioner: I know. ^
Mr. Henderson: But whether you are strictly amenable
in law or not is not, I submit, the deciding factor. The
deciding factor ought to be the public interest.
The Commissioner: Look, Mr. Henderson, that has been
the sole interest in my life since I have been on the
bench, and I do not need argument here on that.
Mr. Henderson: My learned friend Mr. Geller spoke of
a reasonable apprehension of bias, and said that there
must be something prospective. Well, certainly the report
of the Commissioner is something prospective, and cer­
tainly this is a matter of considerable importance to the
public as well as to the parties themselves.
My learned friend Mr. Couture on the matter of waiver
made reference to page 163. On the matter of waiver I
submit that cannot arise unless there is some indication
of knowledge of the rights. There must be a knowledge
of the rights of the parties and—I will not take time to
read the full passage now, but as my learned friend Mr.
Couture said he was summarizing it, and I would urge
you, Mr. Commissioner, to read the whole passage.
'

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The Commissioner: Mr. Henderson, with regard to
knowledge of the rights, your client may not shut his eyes
to the possibilities. It is not the case of my father sitting
in his chair with blinders on his eyes, you know.
Mr. Henderson: I can only speak from the particular
state. I do not think it is fair to say that Mr. Ahern was
fully aware of all the circumstances. I do not know that
he was, and I do not know whether there is evidence.
The Commissioner: I know how much he was aware.
Mr. Henderson: Then I think you are in a much better
position to pass on that than I am to comment on it. I do
not know, because I have not spoken to Mr. Ahern in this
matter at all, and I cannot answer. But I merely say that
when one reads the passage in context to which my learned
friend Mr. Couture has referred, and the two pages which
I have read, there can be here no waiver in the sense that
there is no indication that there was in fact an intent to
abandon any rights.
The Commissioner: All right. Is that all?
Mr. Henderson: That is my submission, Mr. Chairman.
The Commissioner: Thank you.
Now I said once before that I am not going to deal with
this at the moment. I will give it consideration over the
weekend. I do not suppose anybody would expect me to
deal with it at once. I will consider the law.
As I said before, what is not lacking is variety on this
hearing. One day we had cat sand at a dollar twenty-nine
and then we had income tax of $08 million. Now we have
a motion that I disqualify myself because ten years ago
I was successful in obtaining results for the party making
this submission to me that I should be disqualified, be­

V^monr S, 1961

LOG

cause I was successful and gave advice which learned
counsel thinks was good advice—I will not put it any
higher than that. I am not passing on the matter at all;
I am just pointing out the variety of things one is up
against in an inquiry of this sort.
I would not have thought in all my life that there would
be a suggestion that I should disqualify myself because
of a legal bias, not bias in fact, because some years ago
I was successful for the party alleging the suspicion of
bias in litigation and had given good advice. It is a strange
situation. These are very strange matters.
Mr. Wright: What will the procedure be on Monday
morning?
The Commissioner: On Monday I propose to start with
one of the companies, the Hindman Transportation Com­
pany, and Mr. Durand will be available during the week.
We are going to try to get some of the companies back
next week.
I will consider this motion over the week end.
Mr. Nuss: On that point, do I understand that Mr.
Jodoin will be available the following week?
The Commissioner: He will be available to fill in as we
go along. I am trying to get these companies in and be­
cause learned counsel from out of town are engaged I am
trying to meet their convenience. I have to fix dates for
them in advance.
Mr. Nnss: But I will be able to continue my cross-exami­
nation of Mr. Jodoin?
The Commissioner: It depends on how we get on on
Monday with Hindman Transportation.
Mr. Nuss: Some time during the Inquiry, I mean.
The Commissioner: Oh, of course, yes—^unless I accede
to Mr. Henderson's motion.

The Secretary: Mr. Henderson offered certain papers
for your Lordship.. Do you wish them to go in as exhibitsT
Mr. Henderson: This is the judgment.
The Commissioner: That is just for ^ information. Are
these copies, Mr. Henderson?
Mr. Henderson: They are different reasons for judgment.
There were five reasons.
The Commissioner: All judges of the same court?
Mr. Henderson: All judges of the same court.
The Commissioner: Very good, Mr. Henderson. That
happens in some courts, you know, and British Columbia
is no exception.
We will meet at 10:30 on Monday. That will give me a
chance to give this matter some consideration.
Mr. Wright: My Lord, Mr. Jodoin is in a very difficult
position on this. He has been standing by since January
9th. He was originally subpoenaed for that date. He has
re-arranged his schedule several times in the last few
weeks and he has quite a heavy agenda.
The Commissioner: What do you say to me now?
Mr. Wright: Would it be permissible for me to teU Mr.
Jodoin that he is released for this coming week?
The Commissioner: I do not know. What I will say Is
that I will consider that matter and will communicate
with you over the weekend. I want'to discuss with Mr.
Dubin our proceedings for next week, but I do know we
are going to proceed with Hindman Transportation Com­
pany on Monday.
ADJOURNMENT;

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