In re Merchant Mariners Documents
Opinion
lead Opinion
Lemmon, J.
Tilden H. Edwards, Examiner for the 12th United States Coast Guard District, appointed such by the Commandant to preside at hearings in adjudication of disciplinary actions commenced and held under Section 239 of Title 46 U.S.C.A., brings this proceeding to obtain an order of the court requiring certain respondents, able seamen, against whom .charges are pending and undetermined, to produce and deliver to him the Certificates of Service issued to them pursuant to 46 U.S.C.A. §§ 367 , 375, 391a, 481, 643, 672, 672 — 1, 672 — 2, 672b and 689, and the regulations promulgated by the Commandant, 46 C.F.R. Subpart 137.01 to 137.21 — 5. The same order was requested as against Kneland C. Tanner, attorney for the seamen. At the hearing in this Court upon the consent of the Examiner the proceeding was dismissed as to Tanner, since he admittedly does not now have possession of the certificates.
If . the certificates were sought for use as evidence, the issuance of subpoenas requiring that they be presented- would be within the authority of the Examiner and within the jurisdiction of this Court to compel obedience. Sec. 239(e), Title 46 U.S.C.A. Questions as to the' basis for the issuance of…