The CHAIRMAN. Are you aware of the fact that the Maritime Commission has made a survey of all of those ships? Mr. EMERSON. Yes, sir. The CHAIRMAN. And that the Maritime Commission has issued orders to the owners to do away with those defects? Mr. EMERSON. Yes, sir; and the Maritime Commission has improved the living quarters on quite a number of their ships which are still operated by them. The CHAIRMAN. Shipping Board ships? Mr. EMERSON. Yes; they have. The CHAIRMAN. As a matter of fact, they have made a survey of all the ships which are operated by them or which receive Government aid? Mr. EMERSON. That is right; yes, sir. The CHAIRMAN. Therefore, is it not fair to assume that the improvements are in process? Mr. EMERSON. Yes, sir; they are right now. There will be improvements. I can see improvements coming on all the ships. The only thing we don't want to go back to is the situation that existed around 1931, 1932, and 1933, which led up, as you know, to the Black investigation and to an investigation by your committee of irregularities in the Department of Commerce and other matters of that type. We do not want to have to get back into a situation like that. The CHAIRMAN. Do you not think we might avoid that if we put all these ships under the Navy? Mr. EMERSON. Is it the policy of our Government to interfere in private business? Senator VANDENBERG. At the moment it is. Senator DONAHEY. Have you observed any organized propaganda against your organization? Mr. EMERSON. Yes, sir. I made comment on that at the beginning of my statement this morning. The CHAIRMAN. You referred to the March of Time? Mr. EMERSON. And to the Washington Post, of course. Senator GIBSON. Do you think the maritime bill of 1936 has worked out fairly well? Mr. EMERSON. It will work out. Part of it is workable, and part of it will be workable with certain amendments. Naturally, it was a big piece of work when it was pushed through, and it was pushed through in a hurry, and there are defects which will have to be remedied. The CHAIRMAN. I wish I could feel that it was pushed through in a hurry. I remember sitting here for several years while the bill was being formulated. Mr. EMERSON. In finishing up the statement about the Black Falcon, I shall submit these two press releases, signed by John I. Kenkins and Russel Bardwell, who were members of the maritime union. They read as follows: NATIONAL MARITIME UNION OF AMERICA NEW YORK CITY, N. Y. [For immediate release, Wednesday, Dec. 15, 1937] National Maritime Union officials tonight described the account of the voyage of the Steamship Black Falcon, as told in a letter by Daniel B. Irwin to Senator Royal S. Copeland, "as another attempt to blacken the character of the American Merchant Marine and union seamen in order that the antiunion maritime bills now pending in Congress might be passed by gullible Congressmen and Senators as a 'whitewash'." National Maritime Union officials assert that recent developments in the story prove that Mr. Irwin was not an "innocent bystander" on the Black Falcon, nor is his account an entirely objective one. "We now discover," said Joseph Curran, general organizer for the National Maritime Union, "that Mr. Irwin is a consulting engineer for several petroleum companies. What companies? Have they any connection with the shipping industry? Our opinion is that Irwin not only was not a disinterested passenger on board the Black Falcon but was placed there in order to gather 'evidence' with which to discredit the N. M. U." Partial proof of this statement is borne out by the affidavit of two members of the unlicensed personnel of the vessel (which is enclosed) and by Irwin's assertion that he made to reports when interviewed at his home that the blame for the entire situation rests with "reds" who dominate the N. M. U. "Irwin's red-baiting charge," declared Frederick Myers, chairman of the district committee of the National Maritime Union, "reveals quite plainly to the members of the Union the motive behind his whole story. "In disparaging the leaders of the N. M. U. as 'red' he disparages the aims of the union which the leaders are trying to carry out in behalf of the membership. In turn, the attempt of the National Maritime Union and other maritime unions to defeat the antiunion bills now pending in Congress loses considerable weight with our legislators." Union officials feel that if the crew had misbehaved in any way, the president, Victor J. Sudman, of the Black Diamond Line which operates the vessel, would not have termed Irwin's report "a gross exaggeration." Nor would a deputy commissioner at the office of the United States shipping commissioner, which has never shown any appreciable friendliness to maritime unions, declare that he doubted the accuracy of the account. It is significant that Captain Carver, in command of the vessel, who is known as a strict disciplinarian, made no mention of difficulties in the ship's log. NATIONAL MARITIME UNION OF AMERICA NEW YORK CITY, N. Y. [For immediate release, Wednesday, December 15, 1937] In reply to the letter of Daniel B. Irwin as written to Senator Royal S. Copeland, chairman of the Senate Commerce Committee, and printed in the New York Herald Tribune and other antilabor papers December 15, 1937, we the undersigned, members of crew of the steamship Black Falcon, wish to make the following statement in rebuttal to the attack made by Mr. Irwin. 1. The derogatory statements regarding the character of the licensed personnel were entirely unfounded. These officers conducted themselves at all times in a competent, capable, and responsible manner. 2. At no time during this passenger's trip were any members of the crew drunk nor did anyone fail to perform his duties. Neither was there any "snarling or threatening" done by the crew, in the extremely rough weather, which incidentally prevented the crew from working on deck, but at that time we were engaged in painting store rooms, that this passenger did not have access to. It was also due to the severe weather that our passenger could not get his "fried eggs" for breakfast but was offered in lieu of these either poached or boiled eggs, which he refused. The other passengers, officers and crew had boiled eggs on this occasion, due to the danger of spilled grease burning the cooks. 3. Regarding the deck cargo, that on the fore deck, empty wooden barrels, were thrown overboard by the watches on deck as we were shipping water, and the floating barrels endangered the lives of the crew. This was done on order of the officers. The cargo on the after deck consisting of drums of alcohol were secured with chains, wire, and turnbuckles and a report of its condition given to the bridge every half hour. We did not lose more than two or three of these drums. 4. "The crazy steering" incident occurred only momentarily when work was being done on the binnacle, and it was impossible for the wheelsman to keep the ship on its course temporarily. It is doubtful that the vessel went as much as 1 point out of the way, much less 45 to 120 degrees. We joined the Black Falcon September 18, 1937, one trip before Mr. Irwin made his "zigzag voyage to Europe.' The chief mate was at that time aboard in his official capacity and from that time until the 3d of December last there has not been any strike of any kind aboard the vessel, nor has the steward received his alleged beating during this time. Neither did he ever receive any ill treatment at the hands of this or any other crew of the Black Diamond Line. In conclusion, let it be stated that if this passenger had observed the rules of the United States Steamboat Inspection Service, he would not have been ordered from the bridge as he did not belong there. In our opinion, this man was placed on this ship by persons interested in attempting to discredit union seamen and the American merchant marine, and he therefore played the role of provacateur. (Signed by) JOHN I. KENKINS, O. S. RUSSEL BARDWELL, A. B. The CHAIRMAN. I wish to place in the record at this time this material which I have here. Mr. EMERSON. That is not going in with my testimony? Senator VANDENBERG. Just as an exhibit. The CHAIRMAN. Under date of December 23, 1937, I received from Mr. Edward C. Pinchin, secretary and business manager of the National Organization of Masters, Mates, and Pilots of America, the following letter: Hon. ROYAL S. COPELAND, Senator, United States Senate, Washington, D. C. NEW YORK, December 23, 1937. MY DEAR SENATOR: Herewith is a copy of a letter which is self-explanatory. Our organization, together with all marine groups, resent bitterly the implications contained in the much publicized Irwin letter. We particularly resent your apparent sanction of featuring same. Your experience and position as chairman of Commerce Committees, we believe, entail the obligation to investigate and corroborate any data publicly released, but obviously, this was not done. Marine observers are aghast at the countenancing of testimony deliberately calculated to smear the American merchant marine. No more effective propaganda for driving the American flag from the passenger trade could have been employed. The natural result of this ill-advised incident is to arouse fear, disrespect, and contempt in the minds of American travelers and herd them under alien-flag ships when sailing on pleasure or business. The wide credence placed in this letter, because of the source of disclosure, will loose a flood of similar epistles from any irresponsible voyager who nurses real or fancied grudges. Seasoned travelers are appalled at the mental and social torture inflicted upon ships' officers by egocentric passengers who infest ships to solace themselves from emotional inadequacy ashore. It is a source of great wonder that such individuals receive patient, courteous, and invariably fair treatment from our merchant marine personnel. The officers assailed in Mr. Irwin's letter are long experienced, able, and efficient, and the stigma placed upon them by public censure, in which they are prejudged without regard to their constitutional rights, is damnably libelous and un-American. Our organization means to vindicate these men, not only for ethical reasons, but also because we feel their condemnation is the condemnation of our American merchant marine and in particular, of the Black Diamond Steamship Company which is smeared with its employees. We are not inclined to table or hush this matter and request you, as a matter of elementary justice, to give the owners and crew of the Black Falcon the same publicity in vindication as Mr. Irwin was given in the practically baseless and exaggerated accusations his letter conjures up. We will await your reply with interest. Yours sincerely, EDWARD T. PINCHIN, Secretary and Business Manager. The CHAIRMAN. The letter to which he refers, dated December 19, 1937, reads as follows: Subject: Mr. Daniel B. Irwin. Mr. EDWARD T. PINCHIN, New York, N. Y. BALTIMORE, MD., December 19, 1937. . MY DEAR MR. PINCHIN: Mr. Irwin was a passenger on my steamer, the Black Falcon, sailing October 30, 1937, from Weehawken, N. J. On the second day out he made every effort to have some of the passengers make a written complaint such as he made. When the chief officer complained to me about the conversations he overheard Mr. Irwin and the other passengers engaged in, I made very effort to be where he was when possible, so that he would have an opportunity to complain to me. He never complained at all to me. I emphatically deny that the crew were drunk. At no time do I serve the crew liquors. At all times the crew have been courteous to the passengers and all others on board. The steward was not beaten, as quoted by Mr. Irwin. I have had the finest crew that I have had in several voyages. Mr. Irwin expected to be entertained and be served liquor. My officers and I are not in position, and due to limitation and at sea, to serve it. He was extended every courtesy, as was every other passenger. In regards as to the cargo being thrown overboard, was done on my orders, not, as he said, by drunken crew. The ship was heavily loaded and drawing 24 feet mean draft and decks were practically awashed the whole voyage. The third mate requested him to leave the forecastle head while changing the course three points to throw empty barrels overboard. After that the ship was put back on her regular course. I explained to Mr. Irwin the dangers of being on the forecastle head at such times as the vessel was shipping heavy waters. Mr. Goodman, chief officer, has had 10 years' service with the Black Diamond Steamship Co., Mr. Ellen, second officer, 5 years, Mr. Wank, third officer, 11 years, and I have served 14 years as master with the Black Diamond Lines. This is the first complaint of its kind with said company. Mr. Irwin's whole statement is a gross falsehood. E. W. CARVER, Master, Steamship "Black Falcon." (Following is the reply of Senator Copeland to Captain Pinchin:) Capt. EDWARD T. PINCHIN, Room 1103, International Commerce Building, DECEMBER 28, 1937. 15 Moore Street, New York, N. Y. DEAR CAPTAIN PINCHIN: I have your letter of December 23, with enclosures, relative to the Daniel B. Irwin letter inserted in the record of the hearing on S. 3078, held under date of December 14, 1937. I am very glad to have your views and those of Captain Carver in this connection. Your letter with enclosures will be presented to the committee for its consideration, as was done in the case of Mr. Irwin's communication and others which we have received. The letter of Mr. Irwin was read during the hearing for the following reasons: First, the witness, Mr. Borow, who was making the statement before the committee, declared he had signed a "very good contract" with the Black Diamond Line on September 30, 1937. In view of the fact that Mr. Irwin's voyage came after that date, October 30, 1937, it was only fair to read a letter which disclosed unsatisfactory conditions aboard a Black Diamond Line ship. The committee was naturally curious to know why there still seemed to be dissatisfaction on the part of the crew, although a satisfactory contract had been signed. Mr. Borow's explanation, therefore, was desired. Second, the committee wished to present such a letter as an example of the numerous communications of like nature which have come to us from reliable sources, including United States consular reports and other Government records. As I have said before, the committee intends to be impartial in the matter of merchant marine difficulties. We shall be glad to have representatives from all sides present testimony. Cordially yours, ROYAL S. COPELAND. (The following letter is placed in the record at this point at the request of the writer:) Senator ROYAL S. COPELAND, Chairman, Committee on Commerce, United States Senate, Washington, D. C. JANUARY 7, 1938. MY DEAR SENATOR: I wish to make a statement which I request that you incorporate as evidence into your report on hearings on the amendments to the Merchant Marine Act of 1936. I am a radio officer on the steamship Black Falcon, operated by the Black Diamond Line of New York, and was employed in this capacity during the voyage on which one Daniel B. Irwin was a passenger. Mr. Irwin is the same person who on December 3, 1937, addressed a letter to you in which he complained about conditions aboard the Black Falcon. This letter has been published in part 3 of a document printed by the United States Government Printing Office, Washington, D. C., and is entitled "Hearings Before the Committee on Commerce and the Committee on Education and Labor, United States Senate, Seventy-fifth Congress, Second Session on S. 3078, a bill to amend the Merchant Marine Act of 1935, and for other purposes.' Since the officers and crew of the Black Falcon have been so unjustly accused of such fantastic and ridiculous charges, and since these accusations have been given such widespread publicity in the press and radio, thereby creating misconception in the minds of the American public who are not familiar with conditions in the maritime industry, and in defense of the American seamen, I give you the true facts of what really transpired during the voyage Mr. Irwin refers to. Concerning Mr. Irwin's charges that an intoxicated crew threw cargo overboard, I would like to state that the crew was far from being intoxicated, having to risk their lives in order to jettison loose empty barrels which were loaded two deep on the forward deck. After running into heavy weather in a severe storm, the vessel started shipping heavy seas on the forward deck and throwing these barrels against vent pipes, deck wenches, cutting tarpaulins which covered hatches and knocking "dogs" off watertight doors, behind which cargo was stowed. Anyone with common sense and a little knowledge of ships can readily understand the amount of damage these barrels could have done to cargo and vessel. In reading newspaper accounts of Mr. Irwin's experiences on the Black Falcon, as well as his letter to you, especially that portion which referred to drunkenness of the crew. I was very much amused, due somewhat to the fact that Mr. Irwin personally offered me a drink of liquor, which I politely refused. Other members of the crew advised me that Mr. Irwin had also offered them liquor, but which they too refused to accept. I can positively state that at no time during the voyage did I see any members of the crew intoxicated, except the cook who was discharged at the first American port. I wish to remind you, Mr. Senator, that it was very well known that the cook, of whom Mr. Irwin complained, received his liquor from Mr. Irwin. Because of his association with Mr. Irwin on board the vessel and because of other deficiencies, the crew voted that the cook be discharged at the first American port. Mr. Irwin made himself personally obnoxious to every officer of the vessel and to all members of the crew because of his many foolish and ridiculous complaints. I do not know of a single member of the crew or the officers who had the least affection for Mr. Irwin. This was not true of the other passengers, however, from whom we heard few complaints either about the service, discipline, or conduct of the crew toward them. The statement that Mr. Goodman, chief officer, was a "Red" and leader of a "Hooligan crew", is as amusing as it is absurd. However, this form of propaganda is nothing new to the American seamen, as we have been called almost everything under the sun. I make the statement, Mr. Senator, that we are not "Reds, and that there are as many 100 percent democratic thinking Americans in our American Merchant Marine today as in any other form of American life. Democratic and progressive unions have done much to educate American seamen in political and national affairs, and today more American seamen cast their ballots in national or State elections, than ever before. Chief Officer Goodman, with 25 years' service in the American Merchant Marine, is an American in every sense of the word. He has always appeared to me to be a very conscientious, capable officer, popular, and well-liked by his shipmates, officers and crew allke. Mr. Irwin's assertion that the second officer, Mr. Ellen, is a "surly and disagreeable character," is also ridiculous. I wish to state that the exact opposite |