196.6/1064
Memorandum by Mr. C. B. Hosmer, Division of Foreign Service Administration, of a Conversation With Mr. J. Balfour, First Secretary of the British Embassy
Mr. Balfour desired to discuss the provisions of Senate Bill 2945, introduced by Senator La Follette. This bill seeks to impose upon foreign vessels which enter ports of the United States, the same restrictions which are now imposed against American vessels in regard to advancements of wages to seamen shipped in foreign ports.
In the case of Jackson et al v. the Archimedes, decided by the United States Supreme Court on January 3, 1928,20 it was decided that American vessels are prohibited from making advances to seamen shipped by them in foreign ports; this reverses decisions reported in 248 U. S. 185 and 248 U. S. 205, which were rendered before the amendment of the law by Section 32 of the Act of June 5, 1920.21
I suggested that I was not in a position to speak for the Department regarding the proposed bill, but assured Mr. Balfour that if he desired to take the matter up with the Western European Division, I would be glad to contribute such knowledge as I have in the premises, if asked to do so. He appeared to be content at present with a [Page 832] very general discussion of the matter, dealing chiefly with the motive which had probably inspired the introduction of the bill. Although Mr. Balfour carefully refrained from any suggestion that retaliatory legislation might be passed if the United States should endeavor thus to regulate contracts between aliens and foreign vessels, entered into in foreign ports, there was a clear inference that he felt this would constitute a very radical departure from long accepted practices among nations and indicated that he might receive instructions at a later date to discuss the question more in detail with the Department along the lines of the expediency of this class of legislation.
I have ascertained that the Bureau of Navigation, Department of Commerce, has not been asked by Congress for any report on the bill in question. It appears doubtful whether Congress will require a report from this Department unless it should be brought to the attention of the appropriate Committees that this class of legislation might involve us in perplexing questions with other nations. A copy of the proposed bill is attached.