Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-08-15
WHALE FISHERIES


Paddock, of the whale ship Diana, to recover
Hospital fees under the S4h section OF TIL.
act of the State of New York, To proyi,L.
against infectious diseases, passed 2lst March,
1925.
This section authorizes the Health Com
missioner tn collect Hospital fees from the
Capt. or Commander OF every vessel which
shah hereafter arrive in the port Of New \ ork,
from :" any foreign port or Mace" The Diana
was owned by Thomes Hazard, Junior, OF
tins city, and had been engaged ON a whaling
voyage round Cape Horn into the Pacific
u cean, from which voyage she had returned
to the port of New Eoik after an absence OF
nearly three years
Mr.. Anihon for the defendant, coutended
'nat Hospital lees were not chargeable against
vessels engaged IN the Fisheries--that they
procured their cargoes on the high seas, aud
could not be considered in the language OF The
statute, as Vessels arriving from any foreign
port or place-tliat this expression had re-
terence tU such vessels only as discharged or
procured cargnes IN foreign pDrts-thst the
fisheries being the nursery of our seamen,
were favour''d and protected by law, and thar
no commercial restraint or charge of any kind
could be deemed 10 attach to them, unless
they were expressly named.-In support of
this view "f the subject the following letter
and deposition We're read containing an ex-
p"s'tinn of the act of the Congress of the
Unlted States on the same subject.
(GOPY.A
Treasury Department, }
ComptrolIer's Office, July III. 1899
SIR: have received your letter of the 5th
instant, IN relation TO the case of the brig
charity, registered vessel Just returned from
the pursuit of seal skins and elephant oil
You observe that Mr.. Delaplanr had stated
I" you, that he had fitted out ship al New
ork, for the purpose of procuring seal skinsf
ana elephant oil that she put into PCrnarn-
HUGO IN distress, where she was condemned;
that at that port the captain purchased thn
brig Charity, and proceeded on the voyage,
and that the brig put into other ports for the
purpose oipr"curing provisions
According 10 the act or IT'D July, 1898, the
hospital tax is tn be collected only in the case ot
vessels of The United States arriving frou,a
foreign pert, AID Of vessels licensed for the
coasing trade
The act, it will be perceived, does not
embrace Vessels, licensed for the fisheries
and IT was decided by my predecessors that
a registered vessel ON her return from VOYAGE
in which she had been exclusively employed
in the fisheries did not come within the opera
ton of the law. This decision went on the
ground that the vessel, in such case. could not
be considered az having arrived from foreign
port, within the meaning Of the law.
The mere circumstance of y vessel going
into 4 port for provisions, is not, according to
my views of the subject, such IN act, as
should deprive her of the benefit of the decis-
ion alluded To.
You may therefore exempt the crew ofihe
brig charity, from the payment oc the
hospital taX-pro,ided there he no other
objection than that of the vessel having gons
INTO port for provisions. Respectfully,
(Signedl JOS. ANDERSON. Comptroller.
The Plaintiffs Counsel, Mr.. Hpddpn then
insisted that, as the act of the United States
contained the words foreign port only" and
Tile Stale law had added The word place."
50 as To embrace vessels arriving " from
foreign ports and places" the state law was
more extensive and embraced the high seas
under the term place.
But MIR Hammond, VIII" presided, ruled that
tllIs interpretation could not be admitted: that
# the Ocean could be deemed in the strict
technical language of the law, "pIaCe," it
must necessarily result. that it must be under
some Jurisdiction, not under the jurisdiction of
the Utitrd States, such an iuterpre tation
would 90 to destroy nur fisheries aliogrthev.
He considered the Interpretation ofthr statute
OF the Unitrd States, AS given by the Treasury
Department, correct, and that the State law
was susceptible OF nn other Interpretation. and
thereupOn gave Judgment for the defendant.
Nc Y. Epe. Post.