Executive Order 1386

by President of the United States

By virtue of the authority vested in me, I hereby establish the following Order in the Canal Zone:

Section 1. Every vessel propelled in whole or in part by machinery shall be deemed a steam vessel within the meaning of this Order.

Sec. 2. All steam vessels navigating the waters of the Canal Zone, except public vessels of the United States or other countries, shall be subject to the provisions of this Order.

Sec. 3. The Board of Local Inspectors of the Canal Zone shall cause the hull of each steam vessel navigating the waters of the Canal Zone to be carefully inspected at least once every year, and shall satisfy themselves that every such vessel so inspected is of a structure suitable for the service in which she is to be employed, and has suitable accommodations for passengers and crew, and is in a condition to warrant the belief that she may be used in navigation with safety to life, and that all the requirements of the law in regard to fire, boats, pumps, hose, life-preservers, floats, signals, and other things are faithfully complied with, and if they deem it expedient they may cause the vessel to be put in motion and may adopt any other suitable means to test her efficiency and that of her equipment.

Sec. 4. Whenever the Board of Local Inspectors shall find on board any vessel subject to the provisions of this Order any equipment, machinery, apparatus or appliance which does not conform to the requirements of the law, the Board shall require the same to be placed in proper condition by the owner or master of the vessel, and if the said Board shall find in any such vessel any life-preserver or fire-hose so defective as to be incapable of repair, the Board shall require the same to be destroyed in the presence of some person appointed by the Board to represent it.

Sec. 5. The Board of Local Inspectors shall cause the boilers and all appurtenances of all steam vessels to be carefully inspected before the same shall be used, and at least once every year thereafter, and shall subject all boilers to the hydrostatic test in the ratio of 150 pounds to the square inch to 100 pounds to the square inch of the working steam power allowed. All such vessels shall comply with the following requirements, viz.:

That the boilers are well made, of good and suitable material, design suitable for the service in which employed, and to be equipt with the proper safety appliances, and of such construction, shape, condition, arrangement and material that they may be safely employed in the service proposed without peril to life; and the Board of Local Inspectors shall cause an examination to be made to satisfy itself that the requirements of these regulations have been complied with.

Sec. 6. When the inspection of a steam vessel is completed and the Board of Local Inspectors approve the vessel and her equipment, the Chairman of the Board shall make and subscribe a certificate to the Collector of Revenues in accordance with the form to be prescribed by the Board. Every certificate granted to steamers carrying passengers shall state the number of passengers of each class that any such steamer has accommodations for and can carry with prudence and safety.

If the Board of Local Inspectors refuse to grant a certificate of approval, the Chairman thereof shall make a statement in writing and give his reasons for such disapproval, and shall sign the statement as such Chairman and file the same in the records of the Board, giving a copy thereof to the owner or master of the vessel.

Sec. 7. All foreign private steam vessels carrying passengers to or from any port or place within the limits of the Canal Zone shall be subject to the provisions of this Order, Provided, That if any foreign passenger steamer of a country which has inspection laws approximating those of the United States has an unexpired certificate of inspection duly issued by the authorities of the country to which the vessel belongs, the said vessel shall not be subjected to an inspection other than that necessary to satisfy the Board of Local Inspectors that the condition of the vessel, her boilers and life-saving equipment are as stated in her certificate of inspection; but no such certificate of inspection shall be accepted as evidence of lawful inspection unless like privileges are granted to steam vessels of the United States under the laws of the country to which such vessel belongs.

Sec. 8. Private steam vessels duly registered in the United States having unexpired certificates of inspection issued by the proper authorities in the United States shall not be subject to inspection hereunder.

Sec. 9. The Collector of Revenues shall retain on file all original certificates of inspection required to be delivered to him by the Board of Local Inspectors, and shall give to the master or owner of the vessel therein named three certified copies thereof, two of which shall be placed by such master or owner in conspicuous places in the vessel where they will be most likely to be observed by the passengers and others, and there kept at all times framed under glass; and the other shall be retained by such master or owner as evidence of the authority thereby conferred.

Sec. 10. Before issuing an inspection certificate to any vessel, the Collector of Revenues shall demand and receive from the owner or master of such vessel as compensation for inspection and examination made for the year, the following sums, in addition to the fees for issuing enrollments and licenses now allowed by law:

For each steam vessel of 100 tons or under................................$10.00

For each and every ton in excess of 100 tons.............................    5c.

The fees herein provided for shall cover the cost of the certificate, as well as the inspection and examination of the vessel, which fees shall be for the use and benefit of the Canal Zone Treasury.

Sec. 11. Whenever any passenger is received on board of any steam vessel not having the certified copies of the certificate of approval placed and kept as required by this Order, such vessel shall be liable to a fine of one hundred dollars for each passenger so received, to be recovered in the Circuit Court of the circuit in which the vessel is to be found, and the money so recovered shall be a lien upon the vessel, which may be seized and sold to satisfy the same, as well as all costs of the proceeding.

Sec. 12. No steamer carrying passengers shall depart from any port or place in the Canal Zone unless it shall have in its service a full complement of licensed officers and a full crew, as in the judgment of the Board of Local Inspectors may be sufficient at all times to manage the vessel.

Sec. 13. Every steam vessel licensed under the provisions of this Order shall have on board in an accessible place one life-preserver for every person allowed to be carried, in addition to those provided for the crew of such vessel; and if a greater number of passengers than is stated in the certificate is taken on board of any vessel within the waters of the Canal Zone, the master or owner of such vessel shall be liable to any person suing for the same to refund the passage money and ten dollars for each passenger beyond the number allowed.

Sec. 14. If any passenger steamer engages in excursions within or from the waters of the Canal Zone, the Board of Local Inspectors shall issue to such steamer a special permit in writing for the occasion, in which shall be stated the additional number of passengers that may be carried and the number and kind of life-saving appliances that may be provided for the safety of such additional passengers, and they shall also, in their discretion, limit the route and distance for such excursions.

Sec. 15. The master of every passenger steamer shall keep a correct list of all passengers received on board the vessel, which record shall be open to the inspection of the Inspectors and the officers of the customs at all times, and the correct number of passengers shall be furnished to the Inspectors as often as called for.

Sec. 16. Every master of a passenger steamer who fails through negligence or design to keep a list of passengers as required by the preceding section shall be liable to a fine of one hundred dollars, to be recovered in the Circuit Court of the circuit in which the vessel is to be found.

Sec. 17. Every steam vessel carrying passengers shall be provided with two good double-acting fire pumps to be worked by hand; each chamber of such pumps shall be of sufficient capacity to contain not less than one hundred cubic inches of water and such pumps shall be placed in the most suitable part of such vessel for efficient service, having suitable well-fitted hose to each pump at least one half the vessel in length and kept at all times in perfect order and shipped up and ready for use. On every steamer not exceeding two hundred tons, one such pump may be dispensed with. Each fire pump shall be supplied with water by a suitable pipe connection passing through the side of the vessel so low as to be under water at all times, and no fire pump thus provided shall be placed below the lower deck of the vessel. Every steamer shall also be provided with a pump which shall be of sufficient strength and suitably arranged to test the boilers thereof.

Sec. 18. Every vessel coming within the provisions of this Order shall be provided with such number of lifeboats, floats, rafts, life-preservers, line carrying projectiles and best means of propelling them, and drags, as in the judgment of the Board of Local Inspectors will best procure the safety of all persons on board such vessels in case of disaster. And every such vessel shall have the lifeboats required by this Order provided with suitable boat disengaging apparatus, so arranged as to allow such boats to be safely launched while such vessels are under speed or otherwise so as to allow such disengaging apparatus to be operated by one person, disengaging both ends of the boat simultaneously from the tackle by which it may be lowered to the water; and the Board of Local Inspectors shall determine the kind of lifeboats, floats, rafts, life-preservers, line-carrying projectiles and means of propelling the same, and drags which are to be used on the vessel, and also the kind and capacity of the pumps for freeing the vessel from water in case of heavy leakage, the capacity of such pumps being suited to the navigation in which the vessel is employed.

Sec. 19. The owner or master of any such vessel who refuses to provide such lifeboats, floats, rafts, life-preservers, line carrying projectiles and means of propelling them, drags, pumps or appliances which, under the provisions of the preceding sections are required by the Board of Local Inspectors, shall be fined one thousand dollars, and the same may be enforced against the owner of the vessel personally or as a lien upon the vessel, which may be seized and sold to satisfy such fine and costs of court.

Sec. 20. The Board of Local Inspectors shall have the power to enforce the requirements of this Order—first, by not granting a certificate—second, by revoking the certificate already issued to the vessel.

The owner or master of the vessel may appeal from the action of the Board of Local Inspectors to the Head of the Department of Civil Administration at any time within ten days after the final action of the Board; and the Head of the Department of Civil Administration may modify or set aside the action of the Local Board, and he shall certify his ruling to the Board for observance in each case.

Sec. 21. Whenever a steamer engaged in carrying passengers to or from the Canal Zone enters the waters of the Canal Zone, it shall be the duty of the Captain of the Port to notify the master or agent of such vessel that the same is subject to the inspection laws of the Canal Zone; and after being so notified, it shall be the duty of the said agent or master to make a written request to the Board of Local Inspectors for the inspection of the vessel and her equipment in accordance with the provisions of this Order. Any agent or master of a vessel who fails or refuses to make the written request as herein provided for after receiving the notice above-mentioned from the Captain of the Port, shall be liable to a fine of fifty dollars upon his conviction in the Circuit Court of the Circuit in which said agent or master is to be found.

Sec. 22. Any violation of any of the provisions of this Order, for which a specific punishment is not prescribed herein, shall subject the owner or master of the offending vessel to a fine not exceeding one thousand dollars, or by imprisonment in jail not exceeding six months, or both such fine and imprisonment in the discretion of the Court.

Sec. 23. The fines and penalties imposed under this Order shall constitute a lien on the vessel in each case, and upon judgment for any such fine or penalty execution may issue therefor, as in civil cases, against such vessel, and same shall be sold to satisfy such execution; and the Court may order the provisional detention of such vessel to abide the judgment of the Court; but a bond, to be approved by the Judge of the Court, may be given to secure the payment of any judgment that may be rendered, and the vessel shall be released thereon.

Sec. 24. The Canal Commission may establish rules and regulations not inconsistent herewith for the better enforcement of this Order.

Sec. 25. This Order shall take effect ninety days after the same shall have been published in The Canal Record.^[1]

Wm. H. Taft.

The White House,

July 21, 1911.

Notes

1. Published in The Canal Record of August 16, 1911.