It was provided that section 42 should not go into effect until January 1, 1909, in order that ample time might be given for such changes as might be necessary in the structure of ships. Steamship companies engaged in the immigrant-carrying trade objected to the provisions of the section, and on January 18, 1908, the Immigration Commission granted a hearing to their representatives."

In amending the passenger law of 1882 by the enactment of section 42 of the immigration act, Congress had retained the provision that made it unlawful to carry steerage passengers on decks other than the main deck and the two decks next below the main deck. As previously stated, ships with as many as eight decks were already carrying immigrants, and as in modern vessels authorities disagreed as to which deck was in reality the "main deck," the steamship companies argued that the law was defective in that regard. Another objection to section 42 was, according to the steamship companies, that it restricted to an unnecessary degree the carrying capacity of vessels. Just previous to the hearing granted the steamship companies, or on January 1, 1908, the revised regulations of the British Board of Trade relative to the carriage of steerage passengers had gone into effect, and the steamship companies' representatives asked that section 42 be amended to conform with the British regulations. The latter avoided reference to the "main deck" by designating a "lowest passenger deck," which means the deck next below the water line, and provided that every deck or portion of deck above the lowest passenger deck, and appropriated for passengers, should be designated as a "passenger deck.'

b

The British regulations provided that 18 clear superficial feet of space should be allotted to the use of each passenger carried on the lowest passenger deck, and 15 clear superficial feet to each passenger carried on "passenger decks." It was provided, however, that if the height of the lowest passenger deck was less than 7 feet or if that deck was not sufficiently lighted and ventilated, 25 superficial feet should be allotted to each passenger. In cases where the height of passenger decks was less than 7 feet, 18 superficial feet for each passenger was required. The British regulations also provided that 5 superficial feet of space on the open deck should be allotted to each passenger carried. It was further provided that in the measurement of passenger decks and the lowest passenger deck, there should be included the space occupied by the luggage of the passengers and by public rooms, lavatories, and bathrooms exclusively appropriated to the use of steerage passengers, provided that space appropriated for sleeping purposes should not be less than 15 superficial feet per person on the lowest passenger deck, and 12 superficial feet in the case of a passenger deck. The last-mentioned provision of the British regulations was not specifically included in the United States law of 1882, nor in section 42 of the immigration act. When the law of 1882 was enacted, little space other than sleeping space was allotted to steerage passengers on ships. With the later development of shipbuilding, however, lounging, dining, and other rooms for the use of steerage passengers had been provided on many vessels, and there was some question whether in the measurement of ships such spaces should be included in estimating the amount

a For report of hearing, see Appendix B, p. 413.
b For British regulations, see Appendix C, p. 455.

allotted to passengers under the law. In fact, the courts early decided that space devoted to hospitals, which were required by the law of 1882, should have been taken into account in computing space required for steerage passengers."

Following the hearing granted to the steamship representatives by the Immigration Commission, the Senate passed a bill repealing section 42 of the immigration act and amending section 1 of the passenger law of 1882. The Senate bill altered the designation of decks to conform to the British board of trade regulations, and also adopted the British provision relative to space allotted to steerage passengers both in the matter of total space and space allotted for sleeping quarters alone. In reporting the bill above mentioned, the Senate Committee presented a report" in which comparison was made between the provisions of the law of 1882, section 42 of the immigration act, the bill under consideration, and the passenger laws of other countries.

с

The House Committee on Immigration and Naturalization, to which the Senate act under discussion was referred, after a hearing, c recommended an increase in the air-space allowance as provided by the Senate, and further recommended that "commodious and suitable dining rooms, lounging rooms, smoking rooms, lavatories, toilet rooms, and bath rooms shall be provided for the exclusive use of steerage passengers." The favorable report of the House committee " was followed by a minority report" signed by three members of the committee recommending that section 42 of the immigration act be allowed to go into effect as provided in that act. The proposed legislation was favored by the House, however, and with some amendments further increasing the air-space requirements, the bill became a law on December 19, 1908.

The legislation as finally enacted is as follows: d

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section one of the passenger act of eighteen hundred and eighty-two be, and is hereby, amended so as to read:

It shall not be lawful for the master of any vessel whereon steerage passengers have been taken at any port or place in a foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to or take from any port or place in the United States unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage, unobstructed by cargo, stores, or goods. The master of a vessel coming to a port or place in the United States in violation of any of the provisions of this section shall be deemed guilty of a misdemeanor; and if the number of steerage passengers carried or brought in the vessel, or in any compartment, space, poop, or deck house thereof, is greater than the number allowed to be carried or brought therein, respectively, as hereinafter prescribed, the said master shall be fined fifty dollars for each and every such passenger in excess of the proper number, and may also be imprisoned not exceeding six months. "In computing the number of passengers carried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in such vessel who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, or otherwise, shall not be included in such computation.

"Second. The expression 'steerage passenger' means all passengers except cabin passengers, and persons shall not be deemed cabin passengers unless the space allotted to their exclusive use is in the proportion of at least thirty-six clear superficial feet to each passenger.

a See Appendix B, p. 413.

bS. 5083, 60th Cong., 1st sess.

c For report of hearing, see Appendix B, p. 413.

d Public Act No. 183, 60th Cong.

"Third. The expression 'lowest passenger deck' means the deck next below the water line; and the expression 'passenger deck' includes every deck or portion of a deck which is above the lowest passenger deck, and is appropriated for passengers.

"Fourth. A vessel shall not carry passengers, whether cabin or steerage passengers, on more than one deck below the water line.

"Fifth. The height between that part of any deck on which steerage passengers are carried and the deck immediately above it shall not be less than six feet.

"Sixth. No steerage passengers shall be carried on the lowest passenger deck unless it is sufficiently lighted by side scuttles and otherwise to the satisfaction of the inspec

tor.

"Seventh. No greater number of steerage passengers shall be carried on the lowest passenger deck than in the proportion of one steerage passenger to every twenty-one clear superficial feet allotted to their use. If, however, the height between the lowest passenger deck and the deck immediately above it is less than seven feet, and the apertures, exclusive of side scuttles, through which light and air are admitted are less in size than in the proportion of three square feet to every one hundred superficial feet of that deck, no greater number of steerage passengers shall be carried on that deck than in the proportion of one steerage passenger to every thirty clear superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bath rooms, if any, provided for by paragraph ten.

"Eighth. No greater number of steerage passengers may be carried on a passenger deck than in the proportion of one steerage passenger to every eighteen clear superficial feet of deck allotted to their use, subject to the allowance for measurement of public rooms, lavatories, and bath rooms, if any, provided for by paragraph ten. If, however, the height between any passenger deck and the deck immediately above it be less than seven feet, no greater number of steerage passengers may be carried on that deck than in the proportion of one steerage passenger to every twenty-one clear superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bath rooms, if any, provided for by paragraph ten.

"Ninth. A vessel, whatever be the superficial space of the passenger decks and of the lowest passenger deck, shall not carry a greater number of steerage passengers on the whole than in the proportion of one steerage passenger to every five superficial feet of air or promenade space provided on a deck so open as not to be included in the tonnage and approved by the inspector, and this space shall not be counted or included in the area available for any other passengers, or in other areas for steerage passengers prescribed by this section.

"Tenth. In the measurement of the passenger decks and of the lowest passenger deck, the space occupied by that part of the personal baggage of the steerage passengers which the inspector permits to be carried there shall be included, and also, on whatever deck located, commodious and suitable dining rooms, lounging rooms, smoking rooms, lavatories, toilet rooms, and bath rooms: Provided, That

"(a) The space in any place appropriated to the use of steerage passengers in which they sleep shall not be less than eighteen superficial feet in the case of the lowest passenger deck and fifteen superficial feet in the case of a passenger deck.

"(b) Each space so included in the measurement must be clearly marked to the satisfaction of the inspector as being exclusively appropriated for the use of the steerage

passengers.

"Eleventh. Each separate compartment in which steerage passengers are berthed shall be conspicuously marked, showing the total area of such compartments."

SEC. 2. That section forty-two and so much of sections forty-three and forty-four of the act approved February twentieth, nineteen hundred and seven, entitled "An Act to regulate the immigration of aliens into the United States," as provides for the repeal of section one of the passenger act of eighteen hundred and eighty-two are hereby repealed.

SEC. 3. That this act shall take effect on January first, nineteen hundred and nine. Approved, December 19, 1908.

A

Much was accomplished in getting increased air space for steerage passengers by the agitation and legislation of 1907 and 1908. În addition to this the passenger act of 1882, so far as the designation of decks is concerned, was so amended as to be applicable to modern steamships. As finally enacted, the new law does not compel steamship companies to have dining, lounging, and smoking rooms for the exclusive use of steerage passengers as provided by the House of Representatives, but by including such rooms within the space

allotted to passengers their maintenance is encouraged. In this respect the new law is a distinct improvement over the law of 1882 and over section 42 of the immigration act.)

The space allotted to steerage passengers by the passenger act of 1882, section 42 of the immigration act, the bill (S. 5083) as passed by the Senate, which is uniform with the British regulations, and the present United States law is shown by the following table:

TABLE 7.—Cubic air space per steerage passenger allowed by laws specified, on various decks, according to height between decks.

Feet.

Cubic feet. Cubic feet. Cubic feet. Cubic feet. Cubic feet. Cubic feet. Cubic feet. Cubic feet.

In this table air space has been reduced to cubic feet according to various heights between decks in order that comparison may be made with the law of 1882 in that regard. For the purposes of the table, the terms "second deck below the main deck," as employed in the law of 1882 and in section 42, are regarded as "the lowest passenger deck;" and the "main deck" and "first deck next below the main deck" referred to in those acts are considered as "passenger decks" within the meaning of S. 5083 and the present United States law. It will be noted that the United States law of 1908 provides for the same amount of air space per passenger on decks less than seven feet in height as was provided by section 42, but that on decks of 7 feet or over the allowance is considerably larger. This is particularly interesting as showing that the protest of the steamship companies against the provisions of section 42, because of which the subject was reconsidered by Congress, really resulted in a further limitation on the steerage carrying capacity of their vessels.

As already stated, neither the United States nor the British laws make compulsory the provision of lounging and dining rooms for steerage passengers, but both laws encourage such a provision by allowing these rooms to count in computing space. Consequently, accommodations of this sort may be provided without reducing the carrying capacity of ships. The space allotted to steerage passengers for sleeping purposes is, however, specifically regulated by both the United States and British laws, the former requiring for this purpose 18 superficial feet per passenger on the lowest passenger deck and 15 superficial feet on passenger decks, and the latter 15 and 12 superficial feet, respectively, on the lowest and other passenger decks.

The table next presented shows the number of cubic feet of air space allotted to steerage passengers for sleeping purposes by the United States and British laws on various decks, according to height between decks.

TABLE 8.-Cubic air space per steerage passenger allowed for sleeping purposes by United States law of 1908 and British regulations of 1907, on various decks, according to height between decks.

It should be noted that in providing a greater amount of sleeping space per passenger in the steerage the United States law does not lessen the space that may be appropriated for lounging and dining rooms under the British regulation. In fact, the space that may be devoted to purposes other than sleeping quarters is the same under both laws 3 superficial feet per person. Both the United States and British laws also provide that for each steerage passenger carried there shall be allotted 5 superficial feet of air or promenade space on a deck so open as not to be included in the tonnage of the ship. No provision for open-deck space was made in the United States law of 1882 nor in section 42 of the immigration act of 1907.

The statutory steerage capacity of ships under the act of 1882 was of course considerably reduced as a result of the United States act of 1908, though in some cases it had already been reduced by the British regulations. The effect of this law on a few ships of various nationalities sailing to the port of New York is shown by the following table:

TABLE 9.-Maximum statutory steerage capacity of ships specified, under the United States laws of 1882 and 1908.

[Compiled from report of the Commissioner of Navigation, 1907, and from figures furnished by the collector of customs at New York.]

a The collector of customs at the port of New York states that the reason for the exceptional decrease in the case of the Campania is the height of the decks, which is unusually great, rendering the cubical space relatively larger than the superficial.

Exceptional decrease due to alterations in the arrangement of passenger space.