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by local laws, effectually offset whatever power remained to the seaman over that part of his wages which, having been saved from compulsory allotment, was paid to him at the end of the voyage.

The organized seamen, recognizing their helplessness under these conditions for all purposes of material reform, determined upon an effort to change the maritime law, particularly in the respects here noted. In 1892 the Sailors' Union of the Pacific elected a legislative committee, which, with the aid of the necessary legal counsel, drafted a bill for the repeal of the obnoxious features in question. This bill, which was introduced in Congress by Representative Maguire, of the Fourth Congressional District of California, became law in 1895. The measure abolished imprisonment for desertion in the coastwise trade and in the trade between ports of the United States and ports in nearby foreign countries (Canada, Mexico, Newfoundland, Bahamas, Bermudas, and West Indies). It also prohibited allotment to original creditor by seamen in the coastwise trade and made illegal the attachment of seamen's clothing.

The enactment of this measure effected a revolution in the legal status of the seaman, while its effect upon the economic conditions of the latter was hardly less remarkable, if not in actual, at least in potential results. The practical results of the law were immediately apparent in the greater independence of the seaman and a proportionate decrease in the power of the crimps. For some time following the passage of the law complaint was freely made that seamen commonly took advantage of the liberty granted them under the abolition of imprisonment for desertion to "back out"—that is, to refuse to join a vessel after having signed articles-and at other times to leave the vessel at a port of call during the voyage, thus putting the shipowner to inconvenience and probable loss in filling the vacancies thus created. It is to be noted, however, that these complaints emanated chiefly from shipowners on the Atlantic Coast. The shipowners on the Pacific Coast made little or no complaint on this score; on the contrary, they quite generally commended the new law as a salutary measure calculated to elevate the moral tone of the seaman's calling and, consequently, to dignify all interests associated with the seaman. As to the complaints of the shipowners in other sections, it developed that these were largely inspired by fear of what might happen, rather than by experience of any actual grievances under the law. Reports made by the United States Shipping Commissioners at different seaports agreed that in practice the law had worked no hardship upon any legitimate interest concerned in the shipping industry; whereas, on the other hand, it had made possible a great improvement in the administration of the general features of the law in the seaman's case by relieving him from those influences which had formerly proved a serious obstacle to the attainment of that result.

Shortly after the passage of the Maguire Act it was found that the most important feature of that measure, i. e., the abolition of imprisonment for desertion, applied only to seamen engaged on coastwise voyages. That is to say, a seaman engaged on a foreign voyage was still liable to imprisonment for desertion notwithstanding the act of desertion might have taken place in a coastwise port. This point was decided by the United States Supreme Court in 1897, in the "Arago" case. (Robert Robertson et al. vs. Barry Baldwin, 165 U. S. Reporter.) In that case the crew of the American barkentine "Arago” had signed articles in San Francisco for a voyage to Valparaiso, via the Columbia River, Or. Upon arrival in the latter locality the crew, owing to dissatisfaction with the treatment received, left the vessel. They were arrested, imprisoned, and afterward placed on board and taken to sea against their will. The seamen refused to work the vessel, and the "Arago" put into San Francisco, where the crew were charged with refusing duty. These men being members of the Sailors' Union of the Pacific, were defended at the instance of that body. The main ground of the defense was that the statute imposing a penalty for desertion was in contravention of the Thirteenth Amendment to the Constitution of the United States, prohibiting slavery and involuntary servitude except as a punishment for crime. It was also contended by the seamen's counsel that the statute in question had been repealed by the Maguire Act, so far as concerned seamen leaving their vessels in coastwise ports. The Supreme Court decided against these contentions, on the grounds, first, that the Thirteenth Amendment was intended to, and did, apply only to slavery such as had existed in the Southern States prior to the Civil War and to the Mexican peon and Chinese coolie trades; secondly, that the abolition of imprisonment for desertion extended only to seamen engaged on coastwise voyages, whereas the "Arago" was engaged on a foreign voyage, the fact that the vessel happened to be lying in a coastwise port at the time of the seamen's desertion being immaterial.

This defect in the Maguire Act was afterward remedied by the passage, in 1898, of the White Act. The latter measure extended the right to leave a vessel in a coastwise port to all seamen, irrespective of the nature of the voyage on which they are engaged. The White Act effected other improvements in the maritime law, among these being a reduction of the maximum penalty for desertion in a foreign port from three months' to one month's imprisonment, and an increase in the food scale. In the process of enforcing these laws it has been found that the penalties provided in the matter of allotment and attachment of clothing were inadequate. Accordingly, the Fifty-eighth Congress amended the law in these regards, increasing the penalties and providing a more expeditious and effective method of enforcement. As the

law now stands, the charging of "shipping fees" (for which purpose a large part of the seaman's allotment was previously expended) and the attachment of seaman's clothing are misdemeanors punishable by imprisonment for not more than six months or by fine of not more than $500.

Comparing the present maritime law, as applied to seamen, with that of ten years ago, we find that the seaman now enjoys a degree of personal liberty sufficient to enable him to work out an indefinite measure of improvement in his conditions. The measures declared by former Commissioner Tobin, of this Bureau, in 1887, to be necessary to the welfare of the seaman, have been to a great extent realized. While the crimping evil has not been entirely removed, it has been greatly mitigated, so that it may be said to exist to-day rather by sufferance of the seaman and shipowner than by support of the law. The crimp must still be reckoned with, but it remains to be said that, so far as regards his relations to the unorganized seamen in the foreign-going trade, his power to levy upon the prospective earnings of the latter through the medium of allotment has been greatly curtailed. As regards the seamen in the coastwise trade, the entire abolition of allotment in that trade has forced the crimp to depend upon fair dealing, on a cash basis, if he would continue in business at all.

Other projected improvements now pending in Congress will go far to free the seaman from the remaining hardships of the law, and to make the calling not only more tolerable to those at present engaged therein, but also to make it inviting to the best class of American youth and manhood. The importance of the latter consideration may be deduced from the fact that the average period of service of sailors on the Pacific Coast is but little over two and one half years. The constant change in the personnel of the service is ascribed as much to the unsatisfactory state of the law as to the extremely laborious nature of the work required of the seaman in the Pacific Coast trade. This condition operates to prevent the attainment of the highest degree of efficiency on the part of ships' crews. Among the proposed improvements in the existing law the most important from the public standpoint is that providing for a manning and efficiency scale. By this means it is proposed to increase the numbers and efficiency of ships' crews, thus greatly adding to the safety of life and property at sea.

NATIONAL AFFILIATIONS.

With the exception of the organizations of licensed men-masters, pilots, mates, and engineers—all the bodies included in this report are affiliated with the International Seamen's Union of America, the national organization of the maritime unions located in different parts of the United States and Canada, with headquarters at Boston, Mass.

The latter body, in turn, is affiliated with the American Federation of Labor, thus maintaining a direct relationship between the local organizations of the seafaring craft on the Pacific Coast and the organized workers in all crafts throughout the country. In addition, the Sailors' Union of the Pacific is affiliated, through its agencies, with the central city and State bodies of organized labor in the various ports on the Coast and in the Territory of Hawaii.

The local harbors of the American Association of Masters and Pilots of Steam Vessels and the Marine Engineers' Beneficial Association are affiliated with the national bodies of the same names respectively, but beyond that they maintain no relations with other classes of labor.

NUMBER AND CONDITION OF CHINESE AND JAPANESE IN CALIFORNIA.

The law requires that the number and condition of Chinese in the State be investigated. Information along this line is admittedly the most difficult to obtain. The census figures furnish the last authentic data in the case of the Chinese, but from records of the Immigration Bureau and the steamship companies it has been possible to get more recent information in regard to the number of Japanese in California. The table on the opposite page gives the number of Chinese and Japanese in California by counties in 1880, 1890, and 1900.

The number of Chinese has been constantly on the wane. This has been true especially in the mining counties. Since 1880 there has been a decrease for the whole State of 39,379, or 39 per cent; while for the twenty-one counties in which mining is the principal occupation there has been a falling off from 24,669 to 4,911, or a decrease of 80 per cent. The Chinese were employed very largely in the more rudimentary forms of mining, but with the advent of more improved methods they have been largely supplanted.

In 1880, according to census returns, there were but 86 Japanese in this State. In 1900 this number had increased to 10,151.

Number of Chinese and Japanese, by Counties-1880, 1890, 1900.

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In the following tables the number of Japanese who have come to California since 1900 is given. Those coming from Hawaiian ports are not recorded by the immigration authorities, and in order to ascertain this number the records of the American steamship companies were

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