Wilmington daily commercial., 1873-08-19
The CanaI-Boat Troubles

SEIZURE OF SECOND BoAT-THE CHARACTER OF
THE TRovEKsY-INsTRUoTIONs OF THE TREA-
suRy DEPARTMENT TO THE COLLECTOR OF GUS
TOMS.
Pursuant to the instructions Of the Treasury
Department, Dr. Nolen, Collector of Customs for
Delaware, ordered the seizure of the canal-boat
Erin, Capt. Dolen which came into this port, on
Friday, from Mauch Chunk, with coal consigned
to Jessup & Moore. She was accordingly libeed
aud put in charge Of U. s. Marshal Dunn, last
evening.
This makes the second boat now lying here.
under seizure, the other being the No 695, "
belonging to the Lehigh Coal and Navigation
Co, libeed on the End Of August, and in charge
of the Marshal
Collector Noen, in making these seizures il
acting under the positive instructions Of the
Secretary Of the Treasury, contained in letter
from that official, dated August I'd, as follows
" The Department has been informed that the
Judges of the District Courts OF the United
states for the Eastern District of Pennsylvania,
and the District of Maryland have decided that
canal boats are not required by law to be provld-
ed with enrolments and licenses.
4" This Department does not Rcquiesce in their
decisions. but holds that such boats must be pro-
vided with the documents in question or pay
alien tonnage tax of Sl per ton, unner Section
g. Act OF February 49, 1898, upon coming out of
ascanal into the navigable waters of the United
States Appesls from the decisions mentioned
have therefore been taken to the U. S. Circuit
Courts.
Accordingly until decision is rendered upon
the appeals and the question is finally determin-
ed, you are hereby instructed 10 report to the
U. s, District Attorney for libel, for recovery OF
said alien tax, all canal boats found trading upon
the navigable waters of the United States, not
provided with the documents in question: with
the understanding that such libels shall not be
tried except at the instance of the claimants I'M
til the question involved is finally disposed OF by
the Courts"
The reading Of the above will explain, in a
general way, the character of the present con.
troversy. The Navigation laws require all
"sbips or vessels" trading upon the
"navigable waters OF the United States,
to be enrolled and licensed Now, the Treasury
Department considers that cRnal-boat ID a
''vessel" within the intention Of the law, when
ever it leaves the canals, and comes out into a
river, or other ''navigable waters of the United
States" II it's trips were confined TO the artlh
cial canal between Delaware City and Chesapeake
City, for instance, it would not require license
but il it issued forth into the Bays at either end
it comes upon the ''navgable waters" and mus
take out one or incur the penalty, which is the
payment of VI per ton, 'alien tonnage tax, IL
every port it enters
The 1896" was seized In this way. 1t had no
license 1t waa required to pay the tonnage tax
which amounted to S4S Cts capacity being Al
| TONS the expenses OF measurement, and other
costs, This has not been done, ana II lb 6Ap6CI
ed that ultimately, the value of the boat anC
| cargo will be eaten up by the various charges
Three courses were open to its owners, namely
to pay the tonnage tax under protest. and receive
| it back if the Circuit Courts finally decide
/ against the Government to give satisfactory
security for its payment ; or to refuse. altogeth
| or this last being the course adopted by the
| Navigation Co.
| The license for a canal boat under 30 tons (as
nearly all are is IL 20. with charge of Sl2 fol
/ measurement. II the boat applies for license il
| her home port, where her measurement ID alrea
| dy on record, there is no expense except the
| S1.25, and for renewals from year to year, the
| fee is but fifty cents. The controversy, there
/ fore, seems to be over very small matter
There has been no serious interference iii bust
Il ness, here, though there may be some. Nearl.
i all canal boats have taken out the license. No
more than one in twenty-five, coming here, VIZ
/ are informed, is found without one.
The case of the 1876" comes up before Judg'
| Bradford. Of the U. y. District Court. on th
| 9th, but If he should then cenicide with Judge
| Cadwallder, Nixon, and Giles in the view tina
| the boats are not vessels the Treasury Depart
ment will appeal, and until a decision eau b
| finally had in the Circuit Courts-or perhaps il
| the Supreme Court--the matter will remain II
| an awkward situation, 30 far as regards thos'
boats which come into 'navigable waters, with
| out license.
Mr Howell, representing tho officers OF tn
Coal and Navigation Company, and acting on 1t
behal has been in the city, "a day or two. deorg
U. Gordon, Esq has been retained as its counse