The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-26
= HARBOR MASTERS AND DOCK MAS.
TIERS OF NEW YORK.
THIRD DISTRICT COuRr.
Before Judge Mech.

dARBOR MASTERS AND DOCK MAS
TIERS OF NEW YORK.
THIRD DISTRICT COURT.
Before Judge Mech
JvnS The Mayor, dc ofNe,c York. u.s. Joseph rurns
AEWJ-The question presented in this action is whethe
the defendant had right to dsobey order of the Dock
master to haul on! Of the slip The for his dis
obedience based on the claim hat under the act OF s
the Harbor Masters authority over the sill os and all tn
navigabe waters within the limits of this city is supreme
and that the Dockmsster, officer is virtually super
seded and bis powers and duties abrcgated This cues
ton, as presented, involves conflict Of authority betwee
the State and city officers and have therefore, given
the subject the fullest consideration Its p tance IN
srinsicay demands The functions hitherto perpr me-
oy the dockmasfers OF the city of New York have been
exercised rom The earliest period in the history of the
charters the supervision and control Of the wnaves
piers, docks and clips no less than of the fer lie.
around the island OF Manhattan given TO the CORPORA
eon and down 10 the present time has wholly or mainly
continued In 1t The State has from time tende
agadua interference over the subject vesng in officers
OF state appoint nent restricted authority relative 10 the
regulation Of the harbor at tne however seeking to
Nnoy exclude Tue eity from all govern neut this
nsncee have for many years existed establishing an ex
tensve scheme Of governmental regulation over tho
whAves piers and clips and devolvng their enforcement
upon the Mayor, Aldermen Assistant Aide and OF
necessity the Councilmcn anc the dockma,ers appointed
py tne corporation No adequate comprehensive sys
tenn OF regulations for government has ever been IN
existence except such thus eeabs he'd nor can
mere De any doubt OF the amplest power being pos.
seeed by the Corporation IN make all necessary police
regulations on this subject From these ions
would TEEN that any acer limited TO the mere perform
hce OF tneee duties an confined In their execution within
the limits OF the city of New York Is in fact civ oicer
by whatsoever nams he nigh, be designated. when the
constitution Of 1876 became the paramount Law of this
state which provides (ar TO- sec ~ thai ali civ town
and village officers whe election or appontmen, Ia not
provided for b, this constitution shall be elected by the
electors OF such cities towns and villages or OF some dy
sion thereof or appointed by such authorities thereof as
the iegs Aiure shall designate for that purpose is air
In rQatx hotx fhs
cer has been described absence of any cons t
nal provision could be longer exercised by or ooufer
red upon the Governor or any other authority officer
OF the Slate can discover nothing the Of the
duty 10 be performed-whioh duty IL is indeed claimed
nor In any oher aspect Of the harbor masters of h cha
rscter which could make him. the OF 1850 any
Ting more than city officer II appears, therefore, TO
these habor masters by the Governor Is in direct
violation Of the constitution, and consequently.
that the act creating them IL void But prefer place
my judgmen, Of this and all other cases ,ou grounds
which II possible, will not Involve decioa Of tho const
seooal vsldl.y o. statute and therefore proceed 70
authorizes The harbor masters o reguls and station all
ships and vessels In the stream OF the Eat and North
vhaves tbereoi-aDd IL Is cOptcndes that this authority
extends 70 the basrs and sips am unable TO ,ch that
the stream" consider that In any sense OF the
term "stream the slips and basins included. Web
ster and every other photographer, defines stream
10 he what In legal authoriy II Is also declared 10
be, current Of waier-(Douv Law DC The phrase
?'oy Of the &C, Ia question Il peculiar, and, @ II
seems 10 me significant especially In view OF that
dpa principle OF construction which requires thi Ell
cacy shall, II possible, be given 10 every word OF
staiule II not 70 saioD vessels IN NE las, or Norm
Of shnee rivers--a vfei by the nautical and com
mercal community as location coptr. from
the slip The act contained the further wor L.,
s.and the wharf, thereof but this Is suhjlncive aud
Subordinate TO the restriction Of this authority TO IN.
atrtam must be taken as ncuinR only eucG paru OF
tha ~ aTves AZ fror, upon the stream which a
sci may be lying and stu be IN the stream or actual cur
rent Of the river Interpret II 70 refer 20 the .sen
poaon suei on here, conaDes the authority OF
The dock masier entirely 10 the slip oanno. persuade
myself Iat the Legislature intended 20 abrogste the oHe
OF DOCK master thus breaking the system n permanent
regulations by The Corporation Tor the government
and good order Of The public slips which 10 the mAn
ony susoephe OF "a under The direction that
officer and leaving In their place only the vssae
discretion Of the Individuals who from tine 70
cine should be appointed a. barber masters.
ibis most important branch OF municipal police regu
laon and the well settle policy OF The Law against favor
iur repeas Of By implication should be fully invoked
An M fsyo IN this absolute power Of regulating and sta
uoung vessels may be exercised By the haroor na,ters
IN the slips, there u nosrg 70 prevent tnem from Wholly
dsregaraine the Assignment, BY the Corporation orii
psnoe Of certain essses Of vessels 70 PARTICULAR slips and
bssips some slips have been appropriated Tor market
boas, for manure boats some for s,esmoos, ana
others for other specified clssses Of vessels All these
reguhuops NUT necessarily fall before the unquahhed an
tboly given 20 these feDcuonss. am Unable I 70 Eve
neve that intention Of the Legislature 70 produce
such q result referred by the deienfanls counsel
R.por,.. 5ss - deci,ins tha, the word "stre,m'
In this aet Includes the slips i DO NOT 80
updevstand that decision; II does not appear rom
that that the vessel was 10 tne snpi om
the court we're there OF opinion that The act OF 1870
wss 90, inended 70 have operation IN The public alp. q
the Corporsnon have thus FAR considered TINS question
upon M Authority given by the act OF 1850, irrcspec
tive Of The passage and subsequep repeal Of the &C OF
April ~, 1851 obvious that II these dock masters are
abolished, a. ths az nov stands they must have been
ebolshed By The - $780, and for anything In that pf
1851 have never been revived while they expressly
gsd IN a. Las n
The sosnd conclusion 70 oe drawn from thse leo asts
seems 10 be thai 10 which heretofore arrive
that toe dcckmasiers authority over the Corporation
vbarves pers I'D sps MOI abrogated Al al and that
Sse latter act 10 legislative Construction N the for
rner IN no msnr changing Ne provisions oanno, ap
precie the force Of The argument tina BY the repeal
The act Of 1851 the hsrbor master has succeeded u
erclu i've authority ever ell vessels which shal
lie al any Of the wharves, docks or slips belonging
20 the Mayor, Aldermen and CommoDaty OF the city o
New York TINS would be 10 snrmstvely enact the con
Of thai repealed act which cannot be accomph be-
Ne the repealed &C, had never been pissed, and
would be too great an assum ption 10 I'm
puse W the Legislature purpose In volvin
changes 30 extensive by mere repeating clause, she
the occasion before them 10 leave that purpose In
pcesible doubt by the addition OF few explicit words
therefore a opni0n that the Corporation ordinance
estsbehng certain regust for the govern
ment Of the public vharvee iers and slips Of the CITY
npponnf certain cncers 70 exesute and enforce them
beng expressly sbroeaed no, by necessary ImpHcs
tons repealed-tha, e penalty for disobeyug he order
of The dccsmsser n recoverable and the reusd 70 ODE
n not justified In this by the interference Of hs
Dor master, who, IN my Judgment had authority 10 ~
ton vesre In The slip The plain rs therefore enttle
70 recover.
NEW YORK MUNICIPAL DISTURBANCES
BOTH rARTIEs TO BLAME--vICEs OF CIrY GoyERi
MEMS
Prom the Oneinnaa Commercial, June rs