The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-12-05
THE HE'LL GATE PILOT LAWS.

Further Litigation ON the SubIcct-Thc People
w. the Owners OF Towboats-Twenty-av e
Indictments Pending In the Queens County
Court of Sessions.
In the Queens County Court OF Sessions Tuesday
morning case or The People against the Owners OF
rowboats for towing vessels through He'll Gate without
He'll Gate pilot on board commenced There are
about twenty-five indictments pending in this
court against parties, the owners Of towboats who
have towed vessels through He'll Gate contrary 10 tho
Legislative enactments Of 1865 which provides:-
"Any person other than . branch He'll Gate pilot who
shall pilot tow for any other person any vessel Of
description board such vessel for that purpose Except
barges vessels OF less than 6fyvs tons burden and
canal boats actually used In navigating the canals
shall oner 10 pilot or tow any such vessel in
the channel Of the East river commonly called
He'll Cato. without the aid Of branch He'll Gate
pilot On board shall be deemed guilty Of msdsmeanor
and may Be prosecuted therefor any county OF this
State adjoining 10 in which said offence may be
committed and conviction thereof shall be
punlshcd for every such offence by enc no, ex-
sixty Or not
prisonmsnt The men employed A. pilots, how.
enables them 70 TOW vessels. and in refusing TO do
which BY another enactment they liable al The time
Of such refusal 70 DO arrested and ned the sum Of $500
brought by the parties aggrevsd.
Under these tao existing Laws about one year ago .
sss through Hell Cate his case was broush, up n the
court OF Sessions Of Queens county IN December. 1885,
when the prisoner Sperry found guilty OF violating
the law The question then arose 70 the constitu
sionality Of the law and argued by John Anthem
for the State snd Elias J. beach for the prisoner;
but this tribunal having 10 power 70 jodge OF the
sttutiond enactment OF the law the case upon writ
csrtiorari weut 70 the Court Of Appcas the Of
the lower court bang sustained by that tribunal.
Al the present term OF the Qusens County Court
Speny arraigned and 4 fine OF $50 imposed
BY the court, in default OF which sperTy was TO be
imprisoned the county iail for the term
OF thirty days The validity OF the law cling thus
proven the case OF Harvey j. Brewer was called up In
the Indictment hts put forth Harvey Brown
and the jury being called IN the case three witnesses
examined ~ prove the name OF the prisoner and
tho license or the produced In evidence
bearing upon IL the name OF Harvey Broser he Jury
came 10 the couciuson that defendants name was
Harvey Brewer, and not that Of Brown alleged In the
binding Of tue indictment An order vas received from
lodge Barnard removing most OF the Indictments into
Circuit Court Of the county In Apri. parties
giving bonds for their appeal NJ that time In tho
case OF Freslsnd Rose the bonds were ordered
70 be forfeited, he failing to appear. There peng
case upon which the councillors could sgrse upon
tsrsss Of the piloss being unwilling cease their
avoeaaions the were adjourned aud the defend.
anita Of course, will continue to violate the law there
subj cling themselves 20 be rcareset and when
the now pending have been disposed OF
DO liable V rendicimens and conviction. In
tue case Of sperry. which 10 psudn z
In the Court q Appeals. the only question that
seems 70 iigating IL - 20 the cunsttutionay Of
the law; By one provision IN individual has the right
bv procuring United ststss license. 10 too ana pilot
prohibits any pilot boat from passins through Hell
Gate without He'll Cate pilot on board. Hence the
Oh are that the Law Is invalid and unconst utouaa
point sosn BE- determined by this latter tribunal