aisa security aspect to be considered of an equally grave nature. It is a matter of international record that the Communist Party in China is now engaged in smuggling large quantities of herein, from China to the United States via Japan, and are using the proceeds from the sale thereof to finance party activities, and to obtain strategic, materials for China. noitslaival bezogong aid of goiterobienos oldatovst of The following remarks of Hon Harry J.Anslinger, United States representative of the United Nations Commission on Narcotic Drugs, eighth session, April 1953, substantiate the following otsase S mi commmit China is flooding the micit naivetip markets Sone has been seized recently on our west coast. Chinese Communists not only make no pretense of cooperating to stop the tremendous flow of drugs to other countries but "openly foster and encourage this illicit trame for financial thing1999 T 9 Chinee Korean, and Japanese Cómriturlisty' and presently operating to smuggle heroin into Japan, from which country a portion shipped to the United States, not only to obtain dollars and strategie materials but also to sabotage by creating narcotic added antities of her hitte reached the United States 103. As already stated, large from Communist China. Emissaries have been sent to the United States to arrange for the details of the smuggling transaction., o One of the) principals) in a case, in which at least 200 ounces of heroin, were smuggled in from Communist In still under investigation and in which at least heroin were sinned Din from Communist China a defendant has been sentenced to 15 years imprisonmento}-Inj stilk another case in which an estimated 40 ounces were involved the eito defendants were sentenced to 5 years and to 7 years imprisonment. quib China is now serving a 10-year imprisonment sentences other case The purpose of HR8538 is twofold: to provide the authorityofor the Coast Guard to deny the issuance of farseaman's document to convicted addicts and/or traffickers; and to provide the lauthority to take action ander the hearing procedures prescribed by the Administrative Procedure Act; to revoke the seaman's documents if subsequent to the issuance thereof he is convicted ofla narcotics violation. Ithis recognized that this legislation will be an extension of the kuthority granted in Revised Statutes 4450, as amendede (USC) 230). However, the United States Coast Guard wishes tongobon record,lat this time to clearly indicate that no further such extensions are contemplated or desired." Imthis instance however, it is the considered opinion of the Coast Guard that the current situation dictates the urgent need for this legislation and that therefore such extension of the basic authority is vitally necessary..etine e'nome ni of 299mootor sidThe Coast Guard does not believe it necessary to go into details "regarding the inherent dangers of the use andotraffic of narcoties, as the members of Congress are well aware of those aspects oi However, to clearly portray the present situation, a compilation of actual case histories and photographs taken from the files of Coast Guard headquarters, illustrating the dangers of narcotic users and traffickers sailing on United States merchant/vessels will be furnished, if desired, to this committed under separate dover] The reason for not including these case histories as part of this statement is due to the fact that we have not deleted the names of the individuals involved in the sordid incidents outlined. nouoob 8 to 990azion of not goitilqqo We would like to bring to your attention that in the case histories ontlined under separate cover, 5 of the 6 seamen cited as typical of the snarcotic felons allowed to sail, are licensed officers. Such officers and others of their ilk could readily sail on our largest passenger liners under our present lack of authority pertaining to narcotic offenses ashore. # to Joubпo 9d no noiterioni 971999 w odw noisiqana 97819 The 13 police arrest reports cited are typical of the reports received daily at Coast Guard headquarters, and are therefore indicative of a potentially dangerous situation to our merchant fleet. With the best interests of our United States merchant marine in mind, we cannot overemphasize our request that the committee give favorable consideration to this proposed legislation. Sir, if you would desire, I could read off one short case history to amplify our point, and I will delete the name. Senator BUTLER. I would like very much to have you do that. May I ask this one question, on page 2 of the bill, under section 2, beginning with line 12: The Secretary may deny a seaman's document to any person who, unless he furnishes satisfactory evidence that he is cured, has ever been a user of or addicted to the use of a narcotic drug. The use of the word "user" of a narcotic drug, that isn't applied to the ordinary use in due course by the prescription by a doctor or something of that kind? Captain CRAIK. No, sir. Senator BUTLER. It is only to the person who is an addict and becoming an addict through the use. Captain CRAIK. Sir, the reason we put the word "user" in there in that sentence is that marihuana is not considered an addict-forming drug. It can be habit forming similar to alcohol and tobacco, but it is not addict forming. So we thought the word "user" would encompass the situation with regard to marihuana. Senator BUTLER. Yes. In that same paragraph that I have cited, or that subsection, you use the word "cured." Will you explain the use of that word? Captain CRAIK. In that particular subsection, Senator, in that clause "unless he furnishes satisfactory evidence that he is cured," we put that phrase in for the benefit of the individual so it wouldn't be closing the door to him forever on these offenses. In our use of the word "cured" we did not mean 100 percent effectiveness. That is perhaps a clinical definition of the word "cured." Normally, in regards to seamen and most of these suits that have been passed upon. I think pertain to the definition of relief and cure, which you see many references to in seamen's suits. It is held to mean proper medical care for a reasonable time, and not positive cure, which may be impossible. Now, in our use of that particular word there, we have been in our previous administration along other lines relying on a behavior pattern. Now, last year at the September hearing of the merchant marine council, we changed our regulations in part 137, and we added a new regulation there that is 137.03-30 to the rehabilitation of people whose documents have been revoked under our basic authority under 4450, and for these serious offenses we permitted them to apply for reissuance of a document after a period of 3 years. for minor offenses of revocations after 1 year. When they make reapplication for the reissuance of a document, they must furnish to us letters from their employers and people close to them attesting to their type of conduct and as to their employment and attendance record, so in that respect we definitely are basing cure in this sense on the behavior pattern. We have had difficulty in our 4450 proceedings where we have grave suspicion when we receive information on the conduct of a man aboard a vessel as being a possible narcotic addict. We send him to the hospital for medical evaluation, but in order to evaluate and for him to exhibit symptoms, it is necessary to hospitalize. It is difficult to talk the average seaman into staying in the hospital for a period of time. In the year and a half, we have got the certificate of the hospital along the lines that he is a narcotic addict. So our word "cure" there was meant again, as I said, not as a clinical technical definition, but perhaps in the overall sense, the normal thing in merchant seamen as to their behavior pattern. Senator BUTLER. Tell me, under the bill the conviction by a court would be necessary before the revocation could be made, but the decision of reinstatement is not on the basis of a court decision that he has been cured. It is merely on the basis of this behavior pattern that you have pointed out. Captain CRAIK. Yes. Senator BUTLER. Now, is there any right of appeal to anyone. other than the Coast Guard examiner who would conduct a hearing under the procedures prescribed by the Administrative Procedures Act? Captain CRAIK. Yes, sir; the Administrative Procedures Act provides for appeal. Senator BUTLER. Because, after all, you are depriving the man of the right to work, which is a very serious thing, and there is adequate protection in the law to see that he gets a square deal. Captain CRAIK. Yes, sir. Senator BUTLER. Before he would be denied the right to be reinstated. Captain CRAIK. In part 2 of this, starting at line 16, and (b) (1) and (2), the reason we put that under our administrative procedures hearings is to give the individual all of the protection we can possibly afford him before we take away his livelihood. So he will appear before the Coast Guard hearing examiner, and he has a right to appeal after that. Senator BUTLER. To whom? Captain CRAIK. The Commandant of the Coast Guard, sir, and that Commandant has the final say. Senator BUTLER. Was there any question raised in connection with that provision in the House? Captain CRAIK. No, sir. Senator BUTLER. I think it should be a part of the legislative history. Captain CRAIK. In addition to the appeals furnished in the Administrative Procedures Act, there is also further appeal to the district courts. Senator BUTLER. That cures it from the standpoint of the constitutionality. I would be a little worried about taking away the right to earn a livelihood on the mere finding of a board and the Commandant of the Coast Guard being the final review, because I think that is a legal question which should be determined by the courts if the fellow feels aggrieved. After all, the right to work is a very sacred right. Now, Captain, if you would, you may read the case. 9 bis Captain, CRAIK, It is one short case history. In reading, this, I shall omit the names of the individuals and the names of, the vessels, I Late! Christmas Eve, 1947, the steamship 14 was under way in the Bay of [Bengal bound for Bombay from Batavia, Most of the crew were asleep or reading in their bunks. anticipating a large, Christmas dinner in the offing and enjoy mg ༣ the smooth sailing of the vessel. In the engineroom on watch was find: asail thing assistant engineer, ko i was 36 years of age. He was considered very competent, had a pleasunt persongality, and was well liked by all hands, including officers and erow.9: Everything was quiet in the engineroom except for the nominal vibrations of the engine as the ship plowed through the water at 15 knots. had no cares or worries, perhat contemplating the night life ip Bombay. 4:Shortly before midnight bo was relieved by the sound assistant;but in bo kuty z siósturu in, my mengaged in conversations with his, relief until about a quarter past 12, midnight stepping into the fourth passageway from the top grizet z of the engineroom, decided to go out on deck for a breath of fresh air. TES decision was the most unfortunate one he was likely to ever make, for a few scobinds later he was to be the victim of one of the most vicious, unprovoked assaults in recent, maritime history. :doit 708 amɔɔdi zi zo stryd 101BAKE walked across the deck, he noticed out of the corner of his eye a sudden movement, and then, with no other warning a man commenced to strike at L body with a sharp object. caught by surprise, grappled with his assailant, and then attempted to grab his arm to prevent further blows. Then as quickly as he had been attacked, the assailant Aroke away and ran toward the aidship house. a courageous man, tried to follow, but after a few steps he realized, as he became weaker and faint, that he had been seriously wounded As he fell bleeding to the deck, he was able to utter a shout for help, which brought several of the crew to his aid. norge 7197 Barber,2007 01 1.2.19 was carried to the ship's hospital,' where the captain commenced inmediate first aid, and it was then that the extent of the vicious assault was lenṛnéd. Completely covered with blood, whigh spouted from two severed arteries in both - arins, was near death. His throat was slashed with a deep B-inch gash, which struck the jugular vein. The right ear was hanging from his head, and there were nine other wounds on his chest, The captain did a masterful job of calling on his early acquired skill of sail-making, and after 30 hours of sewing had the wounds closed. Having made as comfortable as possible, the captain theri endeavorka to learn the identity of the assailant.This was accomplished by detective work. At 1100 hours that morning; the most likely suspect was called to the captain's cabin and questioned. The suspect, a workaway seaman, had been picked up in Manila for repatriation to the United States. This suspect denied any know!edge of the incident, but several dark spots which resembled blood were noticed. At this point, the chief måte turned the trouser cuffs up, and it was noted the edges were stained with fresh blood. The suspect readily explained that he had been cutting meat in the meat box for the evening meal, and was met with a comment that frozen meat does not bleed. After a few more minutes of interrogation, the suspect broke down and confessed that he had committed the assault while he was "hopped up." When asked for a clarification of this remark, he sisted “that he had smoked two marihuana cigarettes shortly before the assault. The following is a signed sworn statement that was appended to the official log of the vessel. Being warned about my constitutional rights as a citizen of the United States, I freely make the following statement without fear of punishment or offer of reward. I went to bed about 11 on Christmas Eve. I don't know exactly wast - time I went out of my bed again. I had my knife in my pocket when I left the room. I stayed there for about 10 minutes. At about 11:30 I had smoked two marihuana cigarettes. It looked to me as if someone lifted his hand, and I jumped at him. I struck him with a knife, but I don't know how many times). Į šeft him up there. I don't know who the guy was I fell in the passageway on mov - way down to my room. I woren't drunk and I was up in my room. I was in jail overnight for drinking in Houston, Tex. I got the cigarettes from the party who was baldheaded. I had an argument with the junior third otheer of the - over the bar, because I wanted to dance with the girl he was sitting with. I threw the knife I used overboard." On March 28, 1948, the steamship arrived in Boston, Mass. The suspect was taken in immediate custody by the FBI, and on March 29, 1948, te pleaded guilty in Federal court for assault with a deadly weapon and on April 23, 1948, was sentenced to 6 months' imprisonment. In addition, the Coast Guard revoked his seaman's document. 101 29190998 bay vnsupert jzom 9dt, to 940 v-. Upon examination of the facts in the case, there can be only one conclusion drawn regarding the use of marihuanaid 9H, name? That case history, was inserted in the record, to show what results can be obtained from the use of narcotics on board merchant vessels. Senator BUTLER! Thank you ever so much, Captain, ob z'n I would like to insert in the record, at this time a letter from H. Chapman Rose, Acting Secretary of the Treasury, dated June 16, 1954, addressed to Hon, John W. Bricker, Chairman, on Interstate and Foreign Commerce, oq91.of t 992 lig 991themoo bodeignitaib woy (The correspondence is as follows:)07 TITTÅ 7018092 Hosts and eu diw boy sad of boshington, D. C., June 16, 1954. zidt en TREASURY DEPARTMENT, Hon. JOHN W. BRICKER, ग Chairman, Committee on Interstate and Foreign Commerce, 2TM MODURtted Sites Senate, WeshingtoXDM T α 0 TIMITAT? MY DHAB WIR CHAIRMAN Boference is made to your request for the views of this Department on H. R. 8535, to provide for the revocation or denial of merchant marine documents to persons involved in certain narcotics : The bill would authorize the Secretary of the Department which the Coast Guard is operating to deny seaman's documents to, or to revoke the suraman's documents of, persons who have been convicted for violations of the narcotic drug laws of the United States or the States or who have been narcotic drug addicts, unless they furnish satisfactory evidence of a cure. The presence of narcotic drug users or traffickers aboard merchant ships is not only dangerous to the safety of life and property at sea but constitutes a potential danger to the security of the Nation. Under existing law, there is no provision for the denial of documents to unlicensed crew members who have been convicted of narcotic drug offenses or are users of, addicted the use of, narcotic drugs. Furthermore, present laws do not permit the revocation of a seaman's document for a narcotic drug offense, except aboard ship while the offender is acting in the course the offense is committed of his duties. Accordingly, the Department recommends the enactment of the proposed legislation. The Department has been advised by the Bureau of the Budget that there is no objection to the submission of this report to your committee. Very truly yours, 1097 9.1 1 9.T H. CHAPMAN ROSE, B Acting Secretary of the Treasury. B Senator BUTLER. Now, is Miss Elizabeth Smart here? 78 STATEMENT OF E.I ELIZABETHA. SMART, APPEARING FOR NATIONAL WOMAN'S CHRISTIAN TEMPERANCE UNION #7 Miss SMART. I am Miss Elizabeth A. Smart. My address is 144 Constitution Avenue NE., Washington 2, D. C. I am representing the National Woman's Christian Temperance Union: odt outi My organization has long been interested in the problem of narcotics, and was instrumental in helping to bring about the opium conferences, and in the establishing of a Commission on Narcotic Drugs in the League of Nations; and again in getting the present Commission on Narcotic Drugs set up in United Nations....1897 i The narcotic drug problem, which had been to a considerable extent mastered at the close of World War IIy has been reactivated by the deliberate reopenings of the heroin factories in China by Red China, and the promotion by her of a world trade in illicit narcotics. This |