The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-09
BOAT LICENSES.

Iupertant Decisisn by Recorder Haskett n
the Ceurs Of General Sessions.
The People dc. ~ Alexander Yo~ng.-Ihe defendant
was indicted under the entitled An act 70 regulate
the use Of certain boats and vessels within the limits OF
the Metropolitan Police District" passed April TO- 1885,
Tor holding ship intercourse the harbor Of New York
oy means Of his unlicensed boat the leading sections Of
which are
SECTION |, shall hereafter be unlawful 70, the owner
rowboa saiboat, other any manner
s sa sAs sss s
aSa 10 ss % s
being used IN boarding outgoing incoming vessel In the
nsrnor o. bay Of New York except BY the owner CON
course communication dealing With any person board
or 90 sonsde or hold
eaton intercourse Or dealing with any vessel arriving IN
50 alongside Of any ugboat hold any Intercourse
IN towing or fastened 70 AVN such vessel
an said vessel shall have anchored at the place for the
who shall violate saS s 81 this SECTION S
dsmsano and on convson thereof shall bs punished in
the manner specified by the fifth section of this act.
The punishment provided by the section Just referred
to "a fine Of not less than one hundred dollars nor
more than five hundred dollars, by imprisonment
less than one month nor more than six months or by
both such fine and imprisonment The defendant de-
INJURED and argument has been heard by the part
OF the defendant by counsel and Of the people by the
ensr n the IN de-
endants favor under the decisions Of the United States
Supreme Court in Gibbons v. Ogden, 9th Wheaton !,
and Wilson BlacKbrd Creek Company, Peters 245.
cannot conceive Of the constitutional right OF the
State OF New York to restrict the Of waters
mon TO two States in the In which this act does
The whole act needs but To be read carefully to carry
with 1t conviction not only Of its impolicy, but Of its
uncsnstitutionalty as drawn Ny attention has been
called TO the following recent comments OF prominent
daily Of this city upon the wrongs growing out OF
enforcement OF the act in question. and which, II cor
rect certainly show how vexatous the operation Of the
act is t.s
Withn the past year great deal OF dissatisfaction has
been expressed W boamen and others at the strngency
Of the boat laws and many really innocent persons have
suffered from its effects. The law. IS II stands
present. reads that person shall boat without
paying license fee for IT, whether he IL for business
or pleasure and shall have the number Of the license
painted upon the boat No person, except he be
employed board, Is allowed to commu-
ncate with q PASSENGER vessel lying in the harbor
and for violation OF this Law is liable TO arrest
and fine of $780, The law framed to pro-
runners and other sharks but manv cases has not
worked well Several instances have occurred where
persons whose relatives had arrived a this port and not
yet landed, have procured boats and in ignorance Of
the law have proceeded 10 the side OF the vessel con-
tanning the relatives whom they had SO anxousIy ex-
pected They arrested, and being taken before
magistrate fined the full amount and in default
of payment were committed TO prison, discretionary
power being vested that official in of this
kind.
This case is said will go land very properly consd
erng the momentons questions nvolved 10 the General
Term Of the Supreme Court OF this district for revision
therefore content myself for ms pta purposes with
stating my conclusions without extending my
Thedemprrcr is sustained and, pending any revisory
action Of e Supreme Court let all proceedings under
other ats and complaints for alleged violation Of
the act la question lie stayed.
JOHN X. HACKETT,
MAY 3, 1sc.. Recorder Of the city Of New York.