New-York daily tribune., 1858-02-17
yoURTH DISTRICT ooCRT-Fr' "a Be'eT' 1'0s'
,nr HARBoR s,sTERs AND DOCK sAsisHs " VI"

'o'"' V.s Corr.
mar H.RBoR s.srYRs AND DOCK NAsTSAs OF rEW-
YORK.
FAs rS.vvr N Of the Yok HO.pita ~ II mas D9ye
Tbis act on is brought against The defendant Tor re-
sr Fss o. E~Yort tie sa and ~ day. Of JAauaIy s.
s x.s;e The defendant astI6ed bis scton premises
a ~ sDs ba, he vss Dock Mster app ined under 80
iss tSs the opposition resistance eompkeed Of teoS
Rs se defndsn. 10 he discharge of' date. a: .scs
pe.h sss At Of the public ~haiVes owned by ih u" "
On a. trial it .up-s-ed that Pstten Rad bee ayesse by The
sae Pier No. " Es. River, wben The eeisnsae, oTsIes
e Captain Of vessel TO ,hesom thf aned % % have
.,der. cf said Ps:ten IN the premises q, TIE Tn Of
oeIsa % the h day q y.osty p @ the S psI. sS ~ r
,as another vessel The desds9. d's,@ea sS Il I ~ Na'
h ss conenrrrst Harbor Masters over the
sss -s,e peer ~ ,Pa ss 8 9.iudsn 81 ssd to an
ss man questions involved n his eentrveIsy to W.T. WhA
ssss:t2s s,s.ionns and removing vessels arriving or d-pa
ss from the port New York sd whether Dock Masters 80
s .ss SS.s.s. sf.s any eI. pS;nosG sn8 p q he ety
,oo of s;c s the BsIeor The Port Of Now
Terh are with authority 70 regulate and s'eon al
@asn sas aaS me ' limit: Of the City Of sad The
tsreo" &C., they being the sole and sb'ou'e judges IN The
By the section i. enacted That spy person 'hs
The execution Of the duties Of their office such Master OF ohe
having charge Of any sup or ye:.e or oihe! Pson
"sf be recovered with c.ts Of suit in 'he name Of the
Of the & Hos 6 before % any coG ss sssys s
pad to ,sd Treasurer for the use Of aid iio.,a"
sstisn but that under s poyio.s power aud authority
sute and station vessels any and all he whsves piers aud
sssed exclusively il the srbor Nsten of Po New
declared tS., nothins coatsinsd in
iS S He0 s s b. :. od 5sH rS Is 0i m 6
yDy suthory respecting vessels which shau lie
sSnsn and cosnoHiy Of City ' Of New
5Ss Of -s f.s S %Pys % 1a 5 5sG sS ?. 1859 s bad
sesaon Lave Of le1i p se9l ,.s,.,,o. . 49,, .. .- a.,
pe owned by III bat in 1871 the 10th section
e = =. passed y The Ls.o5e April pr p S Of o ihs ys5 SaSd 3D.
Of 1851 expressly repealed thus eyestns the Harbor
s.d sip, Of the CITY and Port q NewYor1.
Under these various the Legislature above cited s diff
s c% s % The Masters y R s
ss.s and ID n patio a. P and aSS SS' % Is at and a
s liable TO the penalties prescribed BY the oe Of lSj when
:. susis. .: sac6 asS6oI Master
zhe TesauHe has all power regulate and
station vessels in harb9 Mas.e aud TO take all
Som DOci Master. 10 the premises And the wisdom Of this
as involved carefully examined aud the then existing ai
Prior the repeal Of the a Of 1851 the anomalous peaee
Wa presented Of TWO sets Of officers performing precisely the
duties thereby neoessy coming nto direct conflict with
and Senate and receiving their from the Of
SoSn sna & Ely T S Se Mayor
conflicts which tune ae between the Hsrb
ga important branch OF commercial enterprises law suits
sSdins a shipping merchant. loudly and justly companed Of
e vcassious delays which things pro-
aueed The L. gature, therefore, wisely ntereed stop
growing evils stripping Dock Ma Of all 10 the
puemises and virtually abolished the Office.
Again under amended well the present City Charter
ne whsves piers and ships belonging 70 the Mayor Aldermen
nsa Cornonay Of the city required 70 DO leased public
highest bidder and difficult TO percsive aug
existing the of the city, requiring It to employ
corps officials styled Dock Masters to watch property
whb has leased for atem Of public auction aud there
BY Tor the time being least dested itsel OF all authority
SeSuls.e and control IL.
IN other words Dock Masters 10 watch regulate aud
the Of the city, property which the cy by MS
Of the Dok Masters TO do The
Of defendant amounts this aud nothing less
raised by the Counsel for defendant TO
the amended CDns.utin of 1876 the appoint
AIbor Masters by the Governor aud Senate uncon
rational; and therefore the OF Patten void
might be in this position the ohe Of lrbor Mas
bad been created by the Legislature since the adoption Of the
amended Constitution.
But The oe Of arbor Master the time Of the adop
Of the Constitution and had existed fol many 3oE
tbereto.
Tue necessity Of having proper commercial regulations 10 ref
the whayes piers and slips Of the Port Ne"fork
kd to establishment of the office Of HarbOT Master
shAo fifty The Constitution did not abolish the
sSe interfere with it, theTete regard that part OF the
Of DEFENDANTS counsel untenabe and unsound
Other questions raised and discussed by counsel the
h Of this scon which collateral merely the main point
N contrOversy do not deem necessary 70 discuss them
Judgment win be- entered for paiutih for 800 and costs
Fer pante John H. White for defendant John d. McGresor