The New York herald., 1845-02-19
NEW YORK. WEDNESDAY MORNING. FEBRUARY 10, 1916.
Repeal Law Relating to Pilots.

Repeal Law Relating to Pilots.
Mr.. HLLEN, from the Committee on Commerce.
mad ethe following report-
The Committee on Commerce, to whom was re-
terred the memorials OF the pilots of New York,
praying for repeal Of the law of March 2. 1887.
concerning pilots, respectfully reports =
That the act approved August Z, l769, entitled
An act Tor the establishment and support OF light
houses, beacons, buoys, and public piers" ordains
"that all pilots in the bays, nlets rivers harbors
and ports of the United States shall continue to be
regulated In conformity with the existing laws of
lne o!ates respectively, where such pilots may be;
or, with such laws as the States may, respectively
hereafter enact tor the purpose, until further egls
lative provision shall be made BY Congress-
AS has been said, the great cause OF the nom
interference of Congress in this matter, may have
arisen from the difficulty of making general sys-
tenn OF regulations of pilots, which should enter in
to detail, on coast thousands OF miles in extent"
The wisdom which dictated TO the first Congress
the proprlety OF leaving legislation on subject SO
complicated, to the several States, has received
the sanction OF experience. From the year 1885,
the date OF the law quoted above, to 1887 the ma
tional legislature has never been called upon
tertere In the matter, or to alter modify the pro-
Visions m lde by the individual States. AT length
after lapse OF nearly half century, during all
which time the whole jurisdiction in the question
had been lett with the members of the Union, a
complaint comes from single port, and an appeal
is made to Congress to interpose its authority
The Committee do not design to detail the events
which prompted the appeal. 1t Is known to all,
law OF 1887, disastrous shipwrecks, accompanied
by immense loss OF life, occurred in the vicinity of
New York. These disasters were attributed to
the neglect OF the pilots on that station-a neglect
said TO have been engendered by defects in the
laws of the State. While we believe that the sys-
tenn OF combination, as it is called, might conlri
butte to impair the energy and discipline OF the
great BODY OF pllots We s think that injustice Is
nd m
citizens, In supposlng that the destruction Of pro-
perty and life alluded to should be charged to their
account.
After careful scrutiny of the subject, the committee
have come to the conclusion that, though the general
principle OF combination has furious tendency yet
IN the particular cases of the wreck of the ships Bristol
and Mexico no blame can attach to the pilots. Yet the
terrible disaster which befel those vessels first
prompted the application Congress- obtained the
passage Of the oct of 1887 Public sympathy then
cited Tor the victims Of imputed neglect public ndigna
was n S against the Of the
the pos whose alleged negligence Of their imperative
duties had sacrificed SO many lives Receiving its i'm
abroad Congress- hurried by the approach OF the
close Of The session. passed the law containing not
than eight lines which approved March O. 1887, al
cng not only the privileges the rights Of those in
nocent but injured individuals.
Without further investigation it might be fairly suppo
sed that law SO brie matter complicated which
has required such elaborate legislation from the respec
tive satesa law passed hastily under the Influence Of
exctsmen must be radically defective and unequal in its
operation. On examination such is found to be the fact
While the detail OF the regulations, directing the duties
and responsibilities the piIots is still left as It originally
was with the several states Congress legsates
gle point and empowers the authorized pilots of any
State bounding waters to discharge the duties of their
profession for any vessels those waters. By
this act the anomalous result is produced OF distinct
thorties egslatng the identical subject There
ject dsparate legislative acts emanating from diff
ierent sources bat the law is in itself unequal and unjust
The pilot of New York. under the laws of the State
was compelled to undergo long osone and hazardous
apprenticeship before he could be judged competent to
fulfil the duties OF hs profession and to stand the test OF
crutinizing examination before his capaby was legal
y recognized by his reception of license The only
he asked for all the tolls he had to undergo
his ntatory career and for the knowledge he acquir
ed was to be fairly protected by the law in the discharge
the duties oi ms avocaton Now after years OF pre-
pete with him for the profits Of his business who no,
subjected to the same restrictions Dus
preliminary service Of years. to be subjected to
examination to enter into heavy bonds for the faithful
the dignity and profits Of branchpilo without similar
severity OF scrutiny as to his capabity the operations
lege are upquestionaby unjust And YET what is tie d
rect tendency OF the law OF Congress OF 1887 gives
equal privileges TO the pilot o. New Jersey win those o.
state although the skill Of the pilot is required for their
guidance through the difficulties Of navigation, confined
almost exclusively to the jurisdiction OF New York; and
the vessels are boacd almost without exception to ports
within her territorial limits. If New Jersey chooses to
legislative authority Il New York deems service Of ve
years for the acquisition OF
Tor pilot the law of the United States is unjust and OPP
pressive In its operations with respect to the pilots OF the
latter state Now such state OF things not only pos
sbe but it actually exists though to the extent
sumed in the supposton The New York pilots bound
much restrictions than those OF New Jersey
and hence the COMMITTEES concluded that the law of Con-
which quazes the privileges of the pilots of those
| States is unjust.
The committee will concede, without argument that
the true principle is to open the road to competition and
to destroy monopoly II fair competitor is the most pro-
motive OF public interests the committee OF opinion
that in the case now under examination the parties
not placed equitable footing and therefore the prin
cipe under existing circumstances cannot apply That
the competition should be fair should be between cit
zens OF the same State or subject to the same restrictions
Now, the pilots OF New York, plotting vessels into the
harbors OF their State made subject to trammes
and disabilities which do not shacke the New Jersey pi
lots, who are brought into competition with them and
yet the argument used in favor of the mmunities
granted to the latter that justice and the public
interests require that the door OF free competition should
be thrown Open"
The remarks made have been confined exclusively to
the States of New York and New Jersey but they might
apply with equal force to many other States in the Unon
where river forms the line Of operaonVirgina and
Mary land, south Carolina and Georgia. and to others,
which need not be mentioned at present From the evil
dence of the papers before u.s. might 60 into minute
detail OF facts relieve that worthy class of citizens the
pilots from the unjust imputatons to which they have
been subjected and to demonstrate the injustice growing
out of the law which have been commenting But
influenced by other feeling than deliberate sense Of
justice, and anxious to escape the semblanceo Of any inv
dous motive they have scrupuously adhered to the alb
srac question, and avoided every allusion which might
nave the appearance ci involving personal OF oca pre-
possessions. The law of 1887 they deem unjust the
true course in their opinion would have been to have
voked the concession made by the law Of 1889, and to
have legisated the subject throughout its whole
panse or to have forborne all legislation whatever The
brief law OF 1887 has been shown account Of its
ta end operation to be unjust and oppressve
it may also be proved to be unnecessary.
The law of 1919, tor the appointment and regulation Of
the pilots Of New York framed under the dctaon Of
the merchants limiting the number Of pilots and fixing
their fees The motive for limiting their number is OBJ
vious The profession is purely local. and it, after
duous apprenticeship Of Ave DURATION the business
afford livelihood any individuals employed in it,they
could not transfer their abors to another place The lin
tson Of 1872 account of the increase OF commerce
has been found to be small to suberve all the requs
ons Of the shipping arriving at and leaving the port OF
New York For this reason for which the pilots are not
responsible their privileges have been denounced as
monopoly But this objection has been since removed
act of the State Legislature, which empowers the
commissioners pilots to license, from time TO time as
many pilots they may think the commerce OF the port