The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-15

PokIANT DECISION RELATIVE TO THE PASSENGER
ACT OF 1855.
This proceeding to enforce penalty Of fifty dol
lars each for two hundred passengers amounting to ten
thousand dollars against the master Of the steamship
Kangaroo alleged excess Of that number allowed by
the above to be carried according the measure
ment Of the vessel.
The proceeding instituted the information Of one
Dillon, formerly in the employ Of the steamship company
and number Of similar informations were threatened
against other vessels Of the company by him. unless
promised The prose cuon has been taking testimony
before the for the last fortnight for the
the cargo appeared also evidence that what was
few stores for their use.
It was oOntended BY the defence that the charge IN
other respects had but little any foundation
Mr. Casserly manager for the Commissioners OF Emil
grafton at Castle Garden. who examined before the
gers the ships Of the company the general
ments for their accommodation and comfort.
Mr.. j. W. Gerard, Jr, council for the Company. With
out going into testimony for the Defence moved the dis
charge Of the accused on the ground that the law,
tended TO nfct penalty had not done of this
description where the vessel was foreign and the alleged
offence not committed within the jurisdiction of the
United States and that such penalty could be inferred
from the statutethe British government having strin-
gent laws to regulate their own vessels.
The ground also taken that vessels Of this country
are not subject to examination and penalties Of similar
nature in Great Britain, and that Congress- therefore,
could never have Intended to egsate in this particular
against the British vessels.
Mr. Andrews, on behalf Of the government, argued in
opposition.
Mr.. Commissioner Belts rendered his decision, dis
charging the accused ras folows:-
This ID a criminal complaint against the captain Of the
British steamship Kangaroo for alleged violation Of the
act Of Congress, March 1856 (Sta at LARGE VOL Z, D.
49, in bringing from Liverpool to New York more pas
senges than allowed by the Of the space Of
decks appropriated to the use Of the passengers.
motion is made on behalf of the accused to dismiss
the complaint ground that the act does not make
it criminal offence in the master OF ship to bring pas
sepgers from foreign port to this country without APP
propratng for their use the spaces mentioned in section
enc of that act
This section provides "That master of any vessel
(even though owned by foregners shall take board
such vessel at any foreign port place, other than
foreign contiguous territory Of the United States greater
number Of passengers than proportion Of one to every
Here full period and the section then proceeds
to enact hat the spaces appropriated for the Of
such passengers shall be in the following proportions
vzOn the main and poop decks or platforms, and in
e spa on tS Se oa Sec css
senger for eighteen such clear superficial feet with in
tent to bring such passenger the United States and
shall leave such stated place, and bring the any
number thereof within the jurisdiction OF the United
States or if any such master Of any vessel shall take
the United States any greater number Of passen
than in the proportion Aforesaid the space afore
any foreign port place, every such master
shall be deemed guilty Of misdemeanor" DC.
connection with the assignment Of the penalty has rcfe
renee only to passengers taken board within the
Whether be pepsy y ing
back TO OF the previous clauses Of the SEQ
ton and II SO, 70 which.
BY the section no duty whatever Is imposed on the
master In reference to the appropriation of proper spaces
to on vessels bound from foreign ports TO tho
United States.
The master is bound not 70 carry than pas-
senger for every two TONS in vessels bound from for.
egn port TO the United States This provision has not
been violated in this
The master is also bound, in the Of vessels bound
from the United States to any foreign country not 70
carry more than one passenger for two tnsand
n such also TO see that the passengers have the
The penalty attached to these last classes Of cases
perhaps also 10 the first.
and the section while requiring that in vessels
bound from foreign port TO the United States desg
does not mako It the duty Of the master 70 appropriate
this space nor does impose any penalty upon him for
Whether this omission ntentontal or casual on the
part Of the legislature does no. fall within my province
TO determine Certainly the accused be held for
an offence which has not been named by the law.
IL impossible 70 read this section, q whole, by
any grammatical rule There is verb clause that
can be propxly qualified by connected with that
bring TO the United States &c The oniv
conjecture that can be made regard position and
meaning that the sentence, " That the space &C..
in parcnthesis, in which case the clause with in
tent &C., would qualify the clause " take on board"
&c, near the commencement Of the section.
the appropriation OF spaces 10 the passengers merely
directory and not addressed to or binding upon the
master, or II binding upon him, not coupled with the
penal provision attached his OF the duty re-
CURED Of him in the other specified cases.
The passengers undoubtedly, have right 10 the space
they were deprived Of IT, do feel called upon this
proceeding to point out. clear that no indict-
ment viii lie against the master under this statute, for
any omission on his part TO that provided for
them.
The complaint must therefore be dismissed.