The New York herald., 1872-12-01
CONsTITUTIONALITY OF THE NEW
SHIPPING LAW.

The Case OF Anderson and Koppu, the
Boarding-Iouse Runners-They arc
Sentenced to Pay Fine of $50 Each or
Go to jail for Six Months-They Get Ten
Days TO Find Hail-Important Decision.
In the month of September last two men, named
Anderson and Koppn, were tired In the United
States Circuit Court before Judge Benedict, under
an indictment charging them with having, con-
trary to the sxty-second section OF the new Ship
ping law, boarded a foreign vessel in the
harbor Of New York. without the permission OF the
master and before she had arrived at her place OF
final destination The prisoners were found guilty
TN the trial certain questions arose with respect
to the consttutionality Of the law and also in re-
gard to the rulings OF the Judge. On yesterday
week these points were argued before the
Judge, Mr.. Robert Andrews appearing for the
prisoners and General Davies for the government.
Yesterday Judge Benedict rendered his decision on
the points raised, and 1t is as foows:-
DECISION.
Upon the trial of the defendants upon an indict-
ment FOR the offence OF boarding vessel without
the permission OF the master, in violation OF the
shipping act OF June q 1872 it was ruled, unoer
objection III behalf OF the defence, as follows, to
witt
Fast-That the enactment contained in the six
ty-second section OF the act, under which the in
dictment Is framed, Is valid enactment within
the scope OF the powers granted by the Constitu-
tion oil the United States.
nal offence against the United states, punishable
by means OF an Indictment and conviction in q
criminal proceeding, and upon such conviction, by
reason OF the erect OF the language OF the 62d
ana 04tn sections taken together, penalty not
exceeding $500 is to be imposed by the Court, ana
the offender may be Imprisoned until the
payment thereof, not exceeding SIX months.
Wi,d-lt Is unnecessary for the government in
such prosecution TO prove that the prisoner was
not in the United States service, or was not duly
authorized BY law to go on board the vessel.
F0u5th-The PROOF that the prisoners were run
a "a fn
sailors boarding house, under the statute OF the
state OF New York, passed March q, 1866, did not
snow the prisoner TO be exempt from the pr0hibi-
t0n oi the section In question
FUW-The prisoners by climbing from q boat
upon the rail Of the ship In the act OF entering the
ship, without permission given, rendered tnem-
selves liable TO punishment as provided in the
sixty-second section.
StIth-PrOOf that the master OF the shin was not
on board the vessel, and that the mate then In
command gave no permission to the defendants to
board the vessel and caused their arrest on the
spot was sufficient to support a conviction i'm the
absence oil any evidence showing permission by
the master.
.sepenth-The offence is committed by boarding in
the Bay OF New York, without permission, an in
ward bound vessel laden with cargo to be landed
vessel at such pier, although 1t appears that the
time OF the boarding the vessel was temporarily at
anchor in the Lower Bay.
Eighth--Considering the general language OF
section g. and In view OF the evil sought TO be
remeded thereby and OF the nature OF the proh
bitlon therein contained the section is to be consd
cred as intended to protect foreign vessels well
as vessels OF the United States, and the fact that
the vessel boarded by the prisoners was a
defence in a prosecution under this
section. These several rulings I have re-ex-
amlncd In the light OF the argument which has
been had in respect OF them and am satisfied OF
their correctness The statute In question being
new, and its language In many instances inartistic
and obscure. have thought proper to submit the
question raised to the consideration of the Circuit
Judge, and he concurs with me in the opinion that
the rulings stated are correct. There must there
fore, be Judgment upon the verdict.
Mr.. Robert Andrews counsel for the prisoners,
submitted that, as the prisoners were poor and
nnlettered men and not supposed to be aware OF
the law the Court wonld satisfy the ends of justice
by imposing a light sentence.
General Davies, United States Assistant District
Attorney, tlen moved for sentence but did not op-
oncfs.
Judge Benedict then sentenced Koppn and An
derson to pay hne OF $50 eacn or be imprisoned
not longer than six months. They were however
released and allowed ten days to ind bail.