Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-04
Repeal Law Relating to Pilots.
Juna z so

for support lighthouses peacons
baoys and public piers" ordans That all pilots in the
bays nle rivers harbors and ports of the United States,
shall continue TO be regulated in conformity with the
sng laws of the respect, ely where such pilots
be- with such laws the States may respectively
hereafter enact for the purpose until further legislative
| provision shall be made by Congress-
As has said the great OF the interior
of Congress in this matter, may have arisen from the
difficulty Of masking general system Of regulations ofpi
OF miles in extent" The wisdom which dictated to the
jet SO ompicatei 70 the several States received the
sanction OF experience From the year 7S9 the date 81
been called upon interfere in matter,
alter or modify the provisions made BY the indiS in al
during all which time the whole jurisdiction in the quts
ton had been left with the members of the Union com
plant comes rom single port and an appeal is made S
The committee do not design to detail the events which
prompted the appeal It is known to all, that short time
antesedent to the passage OF the law OF 1897 disastrous
sapwrecks, by immense loss of life occurred
in the vicinity of New York. These disasters ari-
buted the neglect ofhe pilots that ationa neglect
said to have been engenderdby defects in the laws the
State While believe that the $, stem Of combination,
called, might contribute to impair the energy and
discipline Of the great body Of pilots we still think that in
zens in surprising that the destruction property
life alluded to should be charged to their account
After careful scrutiny OF the subject, the committee
have to the conclusion that though the general
principle of combination has injurious tendency yet, in
the particular Of the wreck of the ships Bristol and
Mexico blame attach to the pilots Yet the terrible
disaster which beie those two vessels first prompted the
application Congress- and obtained the passage of the
act of 1897 Public mpahy then excited for the vic
tins of imputed neglect pablo Indignation reused
against the supposed of the misfortune and the press
teemed with denunciatons against the pilots whose al
legged negligence of their Imperative duties had sacrificed
many lives. Receiving its impulse from the momentum
of excitement ang abroad Congress- hurried BY the
approach the close of the session passed the law
containing than eight lines, which approved
March p 1887 affecting not only the privileges but the
right, of those innocent but injured individuals.
Without further investigation, 1t might be fairly sup
posed that law brief matter complicated which
has required such elaborate legislation from the respective
staesa law passed hastily under the influence ofexcte
ment he radio ally defective and unequal i'll its ope
ration On examination such is found to be the fact
While the detail Of the regulations directing the duties
and responsibilities ofthe pilots is still left originally
was with the several States Congress lcgsates sin
gle point and empowers the authorised pilots any State
bounding waters discharge the duties ofheir profession
for any vessels those waters By this act the
lou result produced, of distinct authorities legsatng
the identical subject. There is not only
seemy incongruity in sutectng one Object to two dis
parae legislative acts emanating from different Sources
but the law is in itself unequal and unjust in its
tons
The pilot of New York. under the laws of the state
compelled TO undergo long toilsome and hez ardoss
apprenticeship before he could be judged competent full
fl the duties OF his profession and to stand the test Of
serutnzing examination before has cspaby was legally
recognized by his reception Of license The only remu
neraton he asked for all the tolls he had to undergo his
be fairly protected law in the discharge Of the
duties Of his avocaton Now, it, after years of prepare
ton and toll his part others permitted 20 compete
with him for the profits of his business who SUBJ
ected to the same restrictions unquesonsbly injustice is
done to him. IT, while he obliged to undergo pre-
imnay service of years. TO be subjected to severe
animation to enter into heavy bonds for the faithful per-
Torrance Of his duties another may be advanced to the
dignity and profits of branch pilot, without similar
verify OF scrutiny as to his capabty the operations OF
law which places the two pilots equality OF priv
lege unquesonabiy unjas And yet what is the di
rect tendency OF the law Of Congress of 1887 gives
equal privileges the pilot CT New Jersey with those Of
New York conduct vessels into the ports of the latter
State although the skill of the pilot required FOR their
guidance through the dncutes CT nav igation, confined
almost exclusively to the Jurisdiction of NssS York and
the vessels bound almost without exception ports
within her territorial limits Ii New Jersey chooses to
abridge the term Of apprenticeship to oas year, while
Ave years requisite for the acquisition OF
sary for pilot the Law Of the United sttos unjust and
oppresve in its operations with respect tothe pilots OF the
latter Now such state OF things is only posi-
be bat actually exists though not to e stst assumed
in the superstition The New York pilots bound by
much restricts than those of New Jersey and
hence the committee conclude that a law Of congress
which euazes the privileges othe pilots Of those s,aes
is urjust.
The committee will cOncede without argument tina, the
principle open the road 10 competition, and to
destroy monopoly. 1liar competition is the promo
tive of public Interests, the committee Of opinion that
placed equitable footing therefore uilc ple
under existing circumstance cannot apply. That the
competition should be fair, SHOULD be betw citizens Of
the same State, subject the restrictions Now.
the pilots OF New York. plotting vessels into the hsrbors Of
their State. made trammels and aisabl.
tics which do shackle the New Jersey pilots no are
brought into competition h them; and YET the argument
ueln favor OF the immunties granted 20 the latter
common justice and the public interests require that
| the "door Of free competition should be thrown openr
The remarks made have been confined exclusively to
the Of New York and New Jersey but they night
apply with equal force to many other states in the Union,
where a river forms the line OF seraratcn-- vrgnia and
Maryland, South Carolina and Georgia, and TO others
which need not be mentoneda present From the evil
dcnee Of the papers before might 90 40 minute
detail offscts relieve worthy class Of ciire
pilots from the unjust imIu'aons TO which they have
been Subjected and to demonstrate the injustice ing
out ofthe law which We have been commenting But
influenced BY no other feeling than deliberate Of
dous motive, they have scrupuously adhered the as
stract question: and avoided every allvsou hch might
have the appearance of diving personal or local pre-
possessions The law they deem unjust, the true
course their opinion would have been TO hav. revoked
the made by the law Of s ana 10 have I.ris
| Is WI 10
have iorborAe all legislation whatever The brief law Of
1871 been ON account Of its partial and UNEQUAL
operation, to be and oppressive may also be prov
The law Of $50 for the appointment. and regulation Of
the pilots of New York ramei under the Jctson Of
the merchants limiting the number Of pilots and 6xng
their fees The motive for limiting ther number il o.
vous The profession purely local; and IT, after
duous apprenticeship Of Eve years DURATION the business,
afford liz ehooi to any indisi ua employ cd IN IT, they
eoul not transfer their labors TO another place The linn
stion 1919 on account OF the increase Of commerce
ons Of the shipping arriving az and leaving the port cf
New York Dor this reason for which the pilot, are not
responsible, their privileges have been dsnonnced
noToy. But this objection has been since removed by
an &C, Of 'e state legislature which empowers hesom
pilots the, may think the commerce Of the Ior re-
Again the combination or the equal dis,rtuson Of the
profits u their labor has been charged with being the
cause Of alleged wan. Of energy and efficiency Of the
ork pilots The disasters tina, city have been
attributed to the existence Of the continuation and orgi
mated the appeal for the interrosition ofcongIs"
The law Of 1887 though makes the provision which IL
uniyer in s applies ton dictated solely BY
the alleged inehciency OF the pilots Of New York No
complaint from any other quarter aud hence the
fault in the New York ~ stem be amended, the law Of
Congrcssis no longer needed That defect, which was
said TO produce all the mischief corrected by Law Of
New York. passed April H. 1901 within one month
the passage Of the unjust enactment Of congress- which
ssss ss Ssln"s SoSs s'piss
boat and pilot shall participate, unless eu,herzed by
the commissioners in the earnings vi other than those
attached to the boats and for breach Of this
pilot pilots shall forfeit his their license ctn
ses" The combination, therefore, Condemned as crmi-
nal tan ne longe exist The whole evil which called
for the action Of congress has been remeded b, the
thority 20 which the legislative power wss wholly con-
ccded by the act OF 1852 with which negatively
LEFT with the exception Of sin le point By the law OF 1881