The national Republican., 1867-11-22
NATIo4AL REPUBLICAN FRIDAY MORNING. NOVEMBER o. 1867

THs Jui,spIorioS or TIE HARsoR MAsrzR.
On the 1871 instant hearing was hsd In th,
ease Of ooBrsd Fsunes. master Of one Of III,
vessels engaged In the Potomac river trade, vhs
was charged By the harbor master with refusing
TO comply with his directions In matters within
the jurlsdistion Of bis ofhc. By objscting 10 move
bis vessel from the stream, where she lay 1t an.
chor. The evidence was heard BY Justice Tuck.
sr who reserved his Judgment until Wednesday
last at o'clock, p. N, whom he dismissed ths
case.
Tho question has been frequently discussed,
and there seems to be an impression among many
that the law gave the harbor master full and
entire control Of the wharvss and channel, and
that his judgment was the only rule; bat the
Justice, having reviewed tho law and those II al.
ludss to. decided differently In this case.
AT our request hs has furnished us copy Of
his opinion:
The law approved December 2s, 1868, "pro.
viding for the appointment Of o harbor master,
and for other purposes, has been understood BY
magistrates and . number Of legal gentlemen 70
authorize the imposition Of 6ns for refusal or
neglect to obey the directions Of tho harbor mas.
ter In Just such cases % this. was lead 10 that
understanding. But . subsequent reading Of
tbs law satisfies me that II Is not the meaning Of
the Law. The sot only authorizes the hsrbor
master to superintend and enforce the execu.
tion Of all laws Of the District Of Columbia,
and Of all rules and regulations Of the corpo.
ration Of the city Of Washington, enacted, or
dainsd, and declared, or hereafter TO bs or.
dsined, enacted, or declared" for certain pur.
poses specihedj and that 10 the extent Of the
officers Jurisdiction. Any refusal or neglect
to comply with the officers directions, author.
lied BY existing laws, 10 subject to the pen.
atty provided. II 10 not the duty Of q justice
Of the peace to impose q 6ne on the captain
or master OF ship or vessel simply because
he refuses 10 obey . direction Of the harbor
master. The direction must be given to secure
obedience TO some rule or regulation Of the cor.
porstion Of Washington or law Of tho District
Of Columbia.
The defendant in this case Is charged with ere,
fusing 10 move his vessel from the middle Of tho
channel, when obstructing the same, to the 10.
convenience Of vssssls entering the harbor, whom
requested to do so BY said harbor master"
The only law bearing upon this charge 10 tho
sct approved October 10, ls63-"to preserve the
navigation Of the Potomac and Auacostia rivers
and TO regulate the anchorage and mooring Of
vessels therein n'-(amending the act Of January
8, 1881, which provides "that no vessel shall be
anchored within seventy Ave feet Of the front Of
any wharf, or moore to any other wharf 90 as TO
ob'truct more than one half Of tho dock between
any two wharves."
The evidence Of the prosecution 10 substan.
TALLY that the vessel was lying directly across
the stream, without stating the distance from
the wharf 'front.' that the defendant was twice
directed to move II, promised once to do SO,
but finally refused, and did not during eight
hours that two vessels were inconvenienesd BY
his neglect
The defence show that the vessels were lying
one hundred and hfty to two hundred yards from
the wharf front, their anchors on the mud htts
that the two vessels that passed up came not
nearer than twenty. y.hvo yards Of either of those
at anchor, aud without difficulty; that IL is
customary for vessels to anchor there; and that
the reason Of the delay In moving was the alb.
sence Of the hands from the vessel.
II Is not proved that there has been q viola
tion Of tho act OF October 10. 1868, and as the
violation Of no other law Is alleged. IL Is very
clear to me that the defendant has not refused
to comply with tho directions Of the harbor mas
ter In matters "ioithia The juyisdietion Of his
onice," and the case Is dismissed.
Board or PoLIcs.-Ths Board OF Police held
their regular ssmi.monthiy meeting yesterday At
3p. m.
Jesse W. Kitchen was rs-sppoiutsd an addi.
tional private for ninety days, to do duty in
&c rgstown, D. O.
Jonathan W. Ci.nson was rs-appointsd an ad.
ditioual private for ninety days, to do duty on
Ninth and Tenth streets from L to N.
W. Z. Dubsnt wn appointed an additiona
private for ninety days, to do duty At the United
States Treasury extension.
Henry N. Lowery was re.appoipted an addi-
tionai private for ninety days, to do duty at the
N.ti.-.i Sal. n.posit Campany's nffins
John s Waugh was appointed private, vice
R. J. Mcclellan resigned.
In the Gaze Of Private George H. Thompson,
charged with neglect Of duty and insubordiua.
tion. he was ordered to bs rsprimandsd and
nnsd $40.
Tho application Of Johanna Brown for rsstau.
rant liaenss. in Georgetown D. O., was rscon,id.
cred and rejected.
The Board refused to reconsider the vote on
which the application Of Miohssl Lynch for res.
tsurant license, In Georgetown, D. O., was re.
jectsd.
Also. refused to reconsider the vote on which
the application Of Dennis o. Donovan for restau.
rant license. 10 dsorgstown, D: O., was rejected,
Tho application OF Bernard Shearer for restau-
rant license, In Tsnnallsytown, was rejected.
The application Of Philip Weber for restaurant
license was rejected.
The Board refused TO reconsider the vote on
which Ferguson 4 Sullivan's license was rejected.
Tho application Of Mrs, L. Bauman for rsstau-
rant license was rejected.
The application Of Jas. Barrett for restaurant
license was rejected.
The application Of James Maker for rsstau-
rant license, was rejected.
The application Of Mary Jane Carr. Cstharine
Morgan, Dennis Byrns, John Flynn, Mary Nc.
Kenny, Arnold Holston, Thomas White wm
Swseny, VIM. Carey, Michael Mccarthy, James
Cole, August Hosch, John Dawson, John
ROney, James M. Jackson, Adolph Colts, Michael
Kelly, James Lawn, Philip Seller, Hugh Fitzim.
mons, Catharins Becker, VIM. MCCARTHY, WIN.
Kennedy, Henry 0entrich Herman Smith, VIM
O. @ willard, q. Godfrey, and John
Tally for restaurant licenses were all rejected.
AFEARFub LEAF. P.-Yesterday morning, about
8 O'Clock, q timer BY the name Of John Mount
castle, whilst laboring under an attack Of do.
lirium tremens, jumped out Of the third-story
window Of the honss in which hs was boarding.
New York avenue, between Sixth and Seventh
streets. Mr.. Michael Murphy, proprietor Of tho
boarding house, hAstened to the assistance Of
the unfortunate man, who was badly injured
about the head and body. Lieut. Noonan, of
The sanitary corps, had tho man conveyed to
headquarters, and q permit being procured from
Cen. Michler, he was taken to Providence Hos. |
pital. His injuries arc Of serious nature, and,
10 connection with tho terrible disease with |
which he is afflicted, he Is In preoarious cond-
ion. The father Of Mountoastle, It Is said, re. |
'ides in Richmond, engaged in the the timing |
business.
Mountoastle has threatened suicide several |
lines, but made no attempt upon his life until |
Wednesday night. He sndeayored to jump out |
If the window at an early hour yesterday morn.