McInnis

This is an appeal from a decree in admiralty dismissing a libel by a seaman under the Suits in Admiralty Act, alleging him to have been employed on the Steamship Hobart Baker on a voyage for the War Shipping Administration from Wilmington, South Carolina, to Wellington, New Zea-land, against the United States, (a) for injuries received in Wellington from falling from the Hobart Baker’s allegedly insecure gangway and (b) for maintenance and cure.

In the absence of war-time legislation, the libel showed a right of recovery under 46 U.S.C. § 742 and § 741 of the Suits in Admiralty Act, 46 U.S.C.A. § 742 and § 741, since the Hobart Baker was operaled as a merchant vessel by the United States. The question here is whether the seaman has been deprived of that right because of a claimed noncompliance with the following provisions of 50 U.S.C.A.Appendix § 1291, respecting his filing a claim for his injuries :

“(a) Officers and members of crews (hereinafter referred to as ‘seamen’) employed on United States or foreign flag vessels as employees of the United States through the War Shipping Administration shall, with respect to (1) laws administered *388 by the Public Health Service and…