The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-05
THE ALLEGED HARBON ABUSES.

EurtI,er Pos, % zone mont Of tho Iavcsti gait on
The Law on the subject in Dispute.
Captain Jones opened the Court, which has been
held for the purpose OF investigating the charges
brought against Harb0r Master Hart by a coalition
OF merchants, at ten A. d.. yesterday; but on the
application OF Mr.. Benedict, the counsellor for the
plaintiffs adjourned it until noon. At that hour tile
defendant, with his counsel and witnesses entered
an appearance, and o number or gentlemen who
represent the mercantile interest were also
present. but Mr.. Benedict was unable to attend per.
sonally, SO sent his partner, VINO requested the
Court to still further postpone the hearing of the
case This Captain Jones felt unwilling TO do, as 1t
has Already been adjourned several times
to suit the wishes OF the cOmplainants;
and Mr. Davis, defendants counsel. OBJ
iected to such course being taken until
Mr.. Benedlcrs representative appealed to him in
most feeling manner and won over the humane
attorney for the defence by his signs and lamen,a
tons. Then the Captain Of the Port adjourned the
further hearing until haipast ten O'CLOCK today at
which hour, he stated he would proceed with the
case, even If only his pretty black cat was present
TO one who has watched the developments OF the
case the result Is obvious, even at the present stage
of proceedings for the evidence already advanced
by the complalnants tends to prove that Hart was
honestly endeavorlng TO cause discontinuance OF
the very reprenenslbe practice IN vogue among mer-
chants OF purchasing berth Tor their vessels from
wbaringers. who had not the vestge Of right TO
dispose or thcin The wharilngers and stevedores
are evidently incensed against Mr.. Hart for nterer
ing and preventing them from cleaning perquisites
and they have managed, by false representations
to Induce many respectable merchants to take an
erroneous view OF the case and imagine that Hart
refused 10 berth Their vessels unless ne was per-
sOnally subsidized. Mr. Benedict Is doubtless
very astute lawyer, but he must nave underrated
the ability OF Mr.. Davis sadly If he imagined that
the counsellor for the defence would be so bind as
to fail 10 notice clause in the act relating to the
duties OF harbor masters which Of itself is sufficient
TO utterly nulliy the course the plainrrs have
taken anu prove that Hart acted in strict accord
ance with the law.
Chapter 4,7, entitled "An act defining and regu-
latIng Inc powers duties and compensation OF the
Captain Of the Port ana harbor masters OF the port
OF New York''-amended April n, lS6j-seclon 4
cnacts that
No than canal boats, baraes, lighters
ccvng delivering 70 said cana boats or barges,
into the purpose OF using part OF
port New York apart for the OF canal boats
without the written consent OF the Captain of the Port
day Of January ana day Of March In year.
when occupied by canal boats under penalty OF 800
every that said vessel shall remain IN said OF
after being notified by the Captain the
Port aharbor MASTER and said penalty shall be lien upon
such vessel and be enforced by proceedings against
stiiued by the OF the Captain OF said port
corng the provisions OF the laws of the State concerning
attachments OF vessels
As Captain Jones' in accordance with this enact
men set apart that portion OF the harb0r from pier
] to pier inclusive and the question In point Is
why certain vessels were not allowed to lie at pier
O. the case OF the cOmpainants must necessarily fall
to the ground ultimately.