The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-06

including children under the age o. year Ia the eompu
tAiton sna putng children and under eight
greater nuber Of passengers being board
ne proportion aforesaid . the tonnage of the vessel upon
me snDset q space il euses follows That the spaces
appropriated OF the passengers and which shall
y oeespse BY stores otteT good not the personal bag
L ~ me aaia and poop decks a. platforms, and 10 the
sS 1os ers p any, oas Pa'1ss, or each s1s
seen tee decks platform shs not be lees than ia feet
Ana % The lower deck mot being orloP deck any
y as aEee between The decks platforms shall not be less
than siK eet. The difference between this provision and
thai ~ The acc q I'D February Isal the Tar consists
l. u the Of spAre allotted each passenger.
There difference in the space allowed In vessels that
the act 81 1855 a. there was Il The former acts.
The decks enumerated in the previous act o. ls47
the last 1856 te places enameratsd on which passeh
gs are g DC carried are the main and poop decks or plat
orgs and the deck houses there be any and the lower
deck, exciuding the orop deck,
This increased number Of decks in the Of 1856 was,
70 meet The change which had taken place
tend 70 owners d vessels the right carry large number
a. Congress deemed not incompatible with the health and Sc
No~, in these three elas consists the difference between
he two acts q Congress in regard 70 the point under eonse
atn lar have them Had the act OF 1855
stopped here the evasion would have taken place which
u part nalihed the act Of ll and it would have
been consnaea tha there being no Inhibition against carry
mig passengers other deck and inasach penal laws
mus be strictly construed such inhibition could be raised
oy But the act Of not stop At the point
at which the act Of sl7 rested The former proceeds andpre
sh the " exclusion q conclusion" By expressly declaring
that passenger shall be carried any other deck plat
form, and having prescribed the height distance between
the decks % which passengers might be card and allowed
" eeh passenger certain space 70 repe any inference
that passengers might be carried with greater amount at
space on decks not having the height Of SIX feet nhb
n Is enacted not only against carrying other deck
bat on other deck having less height distance Lam
gaage cannot be specific and the intention proeas
u.s. mat Passengers were to be carried on the decks Platforms
and houses mentioned to extent which would allow to
each passenger the space prescribed to be carried
any OTHER BY this clear and precise language Congress
eyiaeed their discrimination 10 correct the existing evil
Would have been Iemeded by simply appropriaing TO
certain passengers limited space certain enumerated
decks leaving to the shipmaster the power to
erect other modes Of the vessel which he
might crowd any additional NUMBER
The remaining question is do these provisions to space
In the fret section OF the act apply TO steamships
The title of the act is act regulate the carriage Of
passengers in ssapshps other vessels" The words
any vessel in the first section, certainly do include
part BY vel as any other vessel Were nothing
further said in the act there could be reasonable doubt
speaks further and explicitly the point in the 10th
section, and that fact is sded by defendants counsel To
prove that STEAMSHIPS not incnded.
In the first section OF the certain decks platforms
and deck enumerated in portions Of which steer
age passengers ordinarily carried bat there
other portions Of them which used for the transportation
Of that class OF passengers Congress having appropriated
red in the decks Sc mentioned, and which they could
alone be carried under the proceed to cgae regard
portions Of those decks which have been ap
proprated 70 their the They had already
the space be allowed each passenger and
the decks &C. which passengers be carried (no
passenger to Be carried on any other them exclude
ali doubt they Include aoaaas steerage passengers
There vas really 10 necessity far this aaditionai ega
bat from abundance Of caution, and the apprehension
vessels propelled by steam, and between passengers and
passengers and viewing the of the latter in
steamers ole Of the greatest Of the evils to be
the provisions regulates penalties and liens OF this act re-
tg the in vessels appropriated to The use Of pas
sengers hereby extended and made applicable TO all
spaces appropriated the Of seerage passengers in
ssls propelled 10 whole or 10 part BY sseaEa," &c.
W.. twwa AT nd
expressly made applicable to this IL urged that the
iens & are By se word, Of this section made spill
scnge but that the appropriations OF the spaces to be
Crtaplr intended leave him the right 81 sppro
priatg portions Of the decks &e, mentioned in the
act, b; deemed proper % tse seersge passenger apart
eueers bat sgch appropriation limited By the act TO
decks &c. and passenger TO be carried
Adopt the construction coBendcd fer snd Storage Passen
gsshose most nerd Of protection left a. the dtsere-
With uch constructou bow can sensible Interpretation
placed tire tentb section The first section Of the law had
ing such relation the decks &C. which It wHs pre-
seTbed these proportions and situation 10 yeESen and
sufficient or the protection and health OF the passenger
Now under the construction ennisudrd for, what becomes Of
this regulation space Is % be supposed that the in
snor Of permit the shpowner TO erect
sdipnsl structures which 70 carry Passenge Such
oay Cor portion Of the r4sscbges aud leave the balance
although might be the greatest number, without any pro
lection. Tar IRON uhA
slae for all and has declared that passenger shs be
taken other deck those in relation 20 which they
have lezigated. Lastly the very term teerage
c characerz the cAs al who occupy certain
well portions Of the ship, known the steersE and
10 transfer any portion Of such class to other decks and call
Their rssrua BY such transfer 10 change the character
Of the Psssshgers5y CITING to a new nsme Woua DC an
evasion Of the Law.
Considering the foregoing oonsTpsOn OF The act under
Considerations be the testimony offered 10 prove
that there other portions Of the ship which Phssengers
we're carried and thus 20 protect the defendant from the
consequences Of his having carried an excess Of Pas'engsr
inadmiEsIbe.