Page images
PDF
EPUB

(c) Bureau of Construction has supervision of applications under section 9 of the Shipping Act of 1916,1 for transfer of vessels from American to foreign registry; has duties in connection with the construction loan fund under section 11 of the Merchant Marine Act of 1920; duties under section 12 of the act of 19161 as to best type of vessels and relative cost here and abroad; duties in connection with reconditioning vessels; maintains contact with the American Bureau of Shipping; and duties in connection with approval or disapproval of types and kinds of vessels proposed in applications for benefits under section 23 of the Merchant Marine Act.

(d) Bureau of Law concerns itself particularly with the paternal and general relationship of the Shipping Board to privately owned and operated vessels, with a view to private ownership and control. It also has counsel attend hearings before the Interstate Commerce Commission where there is relationship between such hearings and section 8 of the Merchant Marine Act. It also serves the Bureau of Construction in matters relating to section 9 of the Shipping Act of 1916.1 Its services are required by the board in administering section 23 of the Merchant Marine Act. It aids the committee on conference agreements in matters of approval or disapproval of agreements between common carriers by water and other persons subject to the Shipping Act of 1916, which agreements are filed with the board under section 15 of the Shipping Act of 1916. It conducts hearings in respect to matters over which the board may enter an order under sections 19 and 22 of the Shipping Act of 1916. It has general supervision over the revision and codification of navigation laws. It gives special attention to proposed congressional legislation having a bearing on the functions of the Shipping Board or upon interests of the American Merchant Marine, co-operating with the board's committee on legislation.

(e) Bureau of Finance handles matters per ing to finance. It co-operates with the Treasurer's Department, the Division of Deferred Liquidation, and the Legal Department in the collection of claims, and with the Bureau of Construction in the administration of the Dieselization Bill. It investigates the financial status of applicants for loans under the construction loan fund.

(f) Bureau of Research.-(1) Division of Inquiry maintains files on foreign and domestic shipping, commerce, shipbuilding, economic conditions, wage scales, port conditions and port activities, port facilities, information concerning steamship companies of the world, and essential information as to world shipping and allied interests.

(1) Vessel Section compiles physical data of all ships of the world relating to ownership, flags, size, tonnage, age, speed, machinery and capacity.

(2) Division of Statistics maintains a statistical service for surveys to meet the requirements of the board, the Emergency Fleet Corporation, and other governmental activities, relating to volume and flow of cargo tonnage and its distribution among carrier vessels of the different countries whose ships handle our trade; also periodical reports on water-borne foreign and intercoastal traffic. (g) Bureau of Regulation.-(1) Receives and files Carriers' Conferences and Contracts.

1 Act Sept. 7, 1916 (39 Stat. 728).

(2) Maintains a Formal Docket to embrace proceedings under section 2 of the act bringing into issue rates, regulations and practices of common carriers subject to the board's jurisdiction.

(3) Maintains an Informal Docket for receipt of informal complaints in pursuance of the board's rules and practices.

(h) Legal Department.—(1) Litigation Division prepares cases for litigation and follows up procedure. District counsel are at Seattle, Portland, San Francisco, New York, and Philadelphia.

(2) Contracts, Opinions, Recoveries, and Special Assignments Division prepares, revises, and approves contracts, proposals, bids, bonds, bills of sale, leases; prepares written opinions at the request of other departments of the Shipping Board and Emergency Fleet Corporation; prepares resolutions; attorneys' accounts; salary garnishments; personal injuries; special counsel fees; approval of managing agents' accounts; review of proposed legislation; accounts in favor of the government.

(3) Admiralty Division handles collision, salvage, lien, demurrage, general average, or other cases, freight and cargo claims other than those of a protection and indemnity nature.

4. Organization

A. The Shipping Board.

(a) Chairman and member.

(b) Vice Chairman and member.
(c) Five other members.

(d) Secretary.

B. Administration.

(a) Assistant to Chairman.

(b) Disbursing Officer.

(c) Budget Officer.

C. Bureaus.

(a) Bureau of Traffic.

(b) Bureau of Operations.

(1) Division of Industrial Relations (including Sea Service).

(2) Division of Piers and Wharves.

(3) Port Facilities Division.

(4) Investigations Division.

(c) Bureau of Construction.

(d) Bureau of Law.

(e) Bureau of Finance.

(f) Bureau of Research.

(g) Bureau of Regulation.

D. Legal Department.

(a) Litigation.

(b) Contracts, Opinions, etc.
(c) Admiralty Division.

[blocks in formation]

I. Address and Office Hours of the Board.-Official communications, unless otherwise ordered, should be addressed to the "United States Shipping Board, Washington, D. C." The offices of the board are open each business day from 9:00 a. m. to 4:30 p. m.

II. Parties to Proceedings Before the Board.-Any person, corporation, partnership, or association may complain to the board of any violation of the Shipping Act by any common carrier by water in interstate or foreign commerce, as in the act defined, including any person, corporation, partnership, or association engaged in the business of forwarding or furnishing wharfage, dock, warehouse, or other terminal facilities in connection with any such common carrier.

Two or more complainants may join in a single complaint if their several causes of action involve substantially the same principle, subject, or state of facts; and two or more carriers or other persons subject to the act, in similar circumstances, may be joined as parties respondent.

Where a complaint involves the application of a through rate, fare, or charge, or a regulation or practice governing the operation of a through route by water, the several carriers and other parties participating in such through transportation shall be cited as respondents. So, also, where a complaint relates to the rates, regulations, or practices of water carriers operating different lines, and the object of the proceeding is to correct such rates, regulations, or practices, all the carriers therein participating shall be named as respondents. If a carrier against which complaint is made is operated by a receiver or trustee, the latter as well as the carrier shall be cited as a respondent.

Any person, partnership, corporation, or association having an interest in any proceeding before the board may file with the board, under oath and at any time prior to the hearing, an intervening petition setting forth the grounds of intervention and presenting issues reasonably pertinent to those already of record. Parties permitted by the board to intervene will receive notice of hearings and otherwise may exercise the rights and privileges of original parties. See form No. 2, section 6.

III. Style of Pleadings.-Formal complaints and other pleadings filed with the board shall be typewritten or printed, and shall conform to the following specifications: If typewritten, the impression shall be on only one side of the paper, which shall be of good quality, not more than 81⁄2 inches wide nor more than 12 inches long, with a left-hand margin of not less than 1/2 inches. If printed, unglazed paper of good quality shall be used, and the subject-matter shall be set in 10 or 12 point type, with double-leaded text and single-leaded citations. Printed pleadings shall have an inside margin of not less than 1 inch and shall be 5% inches wide by 9 inches long.

IV. Filing and Service of Pleadings.-Every formal complaint shall be filed with the board for service by registered mail, as hereinafter provided, and direct service thereof upon the respondent shall not in any case be made by the complainant. Answers and motions to dismiss may be either so filed with the board for service or served directly upon the complainant, but in such latter case a formal

acknowledgment of service shall be filed with the board as provided in rules VI and VII.

Formal complaints may be forwarded to the board by mail, express, or otherwise, and the date of receipt thereof shall constitute the filing date. Any other pleading subject to these rules shall be filed with the board either in person or by registered mail, and if sent by registered mail the date of registry shall constitute the filing date. If, therefore, an answer or any other pleading required by any rule or order to be filed with the board within a certain period is forwarded by registered mail, before the expiration of that period, to the United States Shipping Board, Washington, D. C., such pleading shall be held to have been properly filed.

Orders of the board, as well as formal complaints and other pleadings filed with the board for service, will be served either in person or by registered mail; and where service is made by registered mail the "date of delivery" noted on the return receipt shall constitute the date of service. Service upon an attorney of record shall constitute a proper service upon the party for whom he may appear.

V. Formal Complaints.-Formal complaints shall be arranged substantially as indicated by form No. 1, section 6, and shall conform to the specifications of Rule III. Such complaints shall disclose, without abbreviation, the names or corporate titles and addresses of all parties complainant and respondent, together with the name and address of complainant's attorney, if any; and shall be so drawn as fully and clearly to advise the respondents and the board wherein the statute is alleged to have been violated. The paragraphs of the complaint shall be numbered consecutively from No. 1, and each of such paragraphs shall be limited to the allegation of a single fact or group of related facts.

Complaints involving the application of particular rates, fares, charges, regulations, or practices shall refer by SB numbers to the tariffs in which such items may be found.

Complaints in which reparation is asked shall disclose, with reference to each claim: (a) The name and address of the complainant; (b) the name and address of each respondent; (c) the commodity with respect to which the claim is made; (d) the name of the vessel via which the shipment moved; (e) the port of origin; (f) the port of destination; (g) the weight or cubic contents of the shipment; (h) the rate and amount charged; (i) the rate and the amount which should have been charged; (j) the amount of reparation claimed; and (k) the fact of payment by complainant of the transportation charges.

Every formal complaint or intervening petition shall be verified under oath by the complainant or intervener, and three copies thereof, with as many additional copies as there are parties respondent to be served, shall be filed with the board as provided in rule IV.

VI. Answers.-Answers to formal complaints shall be arranged substantially as indicated by form No. 3, section 6, and shall conform to the specifications of rule III. Such pleadings shall be paragraphed, and the paragraphs thereof, so far as practicable, shall correspond in number and substance with the para

On May 12, 1917, Congress authorized the President to seize and take over enemy shipping found in waters subject to the territorial jurisdiction of the United States except the Virgin Islands and by executive order of the same day the following German ships were taken over:

Vaterland,

Amerika.

Kaiser Wilhelm II.

President Grant.

3

[blocks in formation]
[blocks in formation]

Barbarossa.

Friedrich der Grosse.

Rhein.

Koenig Wilhelm II.

Koln.

Prinz Oskar.

Ockenfels.

Arcadia.

[blocks in formation]

By subsequent executive orders the following German vessels were turned over to the board: Prinz Eitel Freidrich, July 3, 1917; steam tug Pollux, November 2, 1917. By executive orders the following German vessels were taken over by the Navy German motor vessel Hermes, lying in Honolulu, September 27, 1917; Staatssekretar Solf, lying in Samoa, June 12, 1917; Kronprinz Wilhelm, Prinz Eitel Freidrich, Liebenfels, Gier, and Locksen (later lying in Hawaii), May 22, 1917; Odenwald and Præsident (lying in Porto Rico), May 14, 1917. By executive orders the following German vessels were turned over to the Navy Department: Sixteen vessels, including Vaterland, Kronprinzessin Cecile, Kaiser Wilhelm II, George Washington, Amerika, Hamburg, Grosser Kurfurst, Koenig

3 Joint Resolution of May 12, 1917 (40 Stat. 75 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 8146rr, 8146s]).

« ՆախորդըՇարունակել »