New-York tribune., 1873-05-07
WEDNESDAY, MAY 7, 1873.
THE COURTS.
,pAMEN AMPLY PROTECTED.

u.pvn NsrrrUTIoSAL-DECIsIoN by JUDGE
SUTHERLAND.
Judpe Sutherland rendered decision yes
terday on the act which was passed oy INC hoES'' '
moro than seven years ago, ana winch Sn.o '"'
has been openly and constantly Woa'ou' ~ 20
An act for the better protection OF seaieh ' 'no
bor OF NewYork and was intended to prohlD the low
Lac 90 mon ,vbo have An former years swinded the sea
man from ooeninp sailors boarding ghouses III tnS cy
Tho character OF the class OF in whose houses o
sailor while ON land was obliged TO remain mas aenuy
been exposed In the columns OF IHE lhiboHh' A
" land sharks" who lie in walt for an lncon,ie 80,
and then seize upon the crew ana releaSo H., A.,
when all their money has been stolen' nave ""' .-o
few pnst years carried on their nefarous business III o
very teeth OF the law. That the sailor neeood
lection was evident and on March 2 1906 1t was
tnat It had been afforded. The act itself was goou Au
was intended TO meet the ends for when IL orRina'u
Its subs lance Ia briefly as follows:
No person except pilot or public officer shall iawruiy
board vessel on her arrival before she Ia mace iaSs "
the wharf unless by special written permiSSion' w
owner or master shall permit or authorize any Salor
botel mr. keeper not licensed TO attempt
TO board any vessel lying the harbor before she sha
be made fast TO the wharf. No such person haVihR
boarded shall refuse TO leave her at tne requo'
of the MASTER 1t shall not be lawful for any person W
keep any sailors boarding or hotel In the Cy
New-York Brooklyn without license NO person no'
having license
Of any member Of q crew. Board OF COMMISSIONERS
shall be appointed for licensing sailors
or hotels In New-York and Brooklyn, one mein-
ber OF which Is to be appointed Dy '"o
Chamber Of Commerce, one by the seaman's frenu
Society. one by the New-York Board Oh
Underwriters, BY the Marine Society OF NeW-forK
and by the Society for Promoting the Gospel among
seamen in the Port Of New-York This Board shall re-
ceive all applications for licenses and shall grant them
onIv fiafac
and competency OF those making them. These licenses
are good for year. Upon satisfactory evidence OF
the dsOrderly character OF any clearinghouse Keepers
of force fraud deceit, misrepresentation on the
part OF the propretors runners the license may Do
revoked by the Board. statement OF the number OF
licenses shall be kept le with tho names OF persons
to whom they issued and the name and number Oh
the street where the house located Every boarding
house Keeper shall be furnished with badge indicating
his place Of business This badge shall be worn con-
spcuOusy by all agents runners boarding any Vesse
In the harbor No person not entitled to wear this badge
shall be allowed to exhibit or make use OF one IN any
way for the purpose OF soliciting boarders The viola
On OF the provisions OF the act snail be punishable Oy
fine or Imprisonment.
Such most important portions OF the act OF 1866
The character Of the sailors bOardnghOuse keepers has
changed since that time BY the passage OF the act
a considerable number OF the landlords were led TO sup
pose that without license their houses must be closed
and about twOthrds OF the entire number In the city
obtained licenses the law demanded. The remaining
third refused to obtain licenses and as their houses were
kept open the President of the Board of Commissioners
f. w. Chester attempted bring suits for the violation
OF the law The DistrctAttorney, A Oakley Hall, dld
not press tho SUITS aud nothing accomplished One
year later 1851 the OF the transgressors OF
the previous year was not without its effect the
remaining landlords and of the entire number-aDOut
l5O-only onethird renewed their licenses. St. de
c,ve steps were TAKEN and IN 1863 might have been
expected nobody took license though the houses
kept open as before In the Autumn OF 1862 Capt g. c.
Duncan was made President OF the Board OF Com
missioners and at once notified to the landlords his
intention TO enforce the law; but so embOldened had
they become by past negligence, that only l5 or one
tenth Of the entire number, obtained licenses Capt
Duncan did everything in his power to hasten
the suits but the DistrictAttorney did nothing In
the Autumn Of 1871 his efforts were redoubed' and CO
landlords recognized the law All the transgrossors about
20 in number at length indicted, and although the
DstrictAttoney lavish IN promises to go forward
in the matter, he slow In their fulhllnent that
the landlords again took heart and In the Spring Of 1872
nearly ali were without licenses. The indictments we re
| untouched till Mr. Phelps became DistrctAttorney IN
January last when he at took them mp, and in Feb
ruary trial was had the constuonality OF tho act
OF seven years ago The counsel for the landlords Mr
McKeon privately stated that the act decided TO
be constitutional be would advise his clients to surren-
der Internationally anu make no OpDO5lJl
In the Court OF General Sessions, yesterday the de-
csion was made and the act declared constitutional
after motion 20 duash the indictment ON the gr ound
Of its being unconstitutional. Judge Sutherland at Goa
siderable length reviewed each section OF the act an
considered carefully the ground which the counse
OF Henry Miller defendant, claimed that 1t was un-
constitutional. word. this claim was made because
the act undertakes unnecessarily and arbitrarily, and
without any ustihabe public governmental policy or
purpose to regulate aud restrict lawful business III 4
! inaiuer inconsistent with the principle OF eternal
justice and personal liberty and equalltyi' and,
secondly because the Constitution gives 10 Congress the
power regulate commerce, and II should not De inter
Tered with 10y "A State act. The Judge after long argu-
ment decided that it no more unreasOnable that
license should be required OF boardng-hOuSe Keepers
than OF DOCTORS lawyers, pilots etc. and that the main
purpose the State act the protection or seamen
That also OF the main purposes OF the act OF Con
gre,s and confusion Tue motion To quasn
| the indictment therefore denied
Capt Duncan stated to a TRIBUNE reporter yesterday
that had been declared constitutional there
hesitatng, and decisive dealings with
unlicensed landlords would be begun at once. In
every case ransgTessOn OF the law particular
the landlords will be closed immediately. Grave
charges have been made heretofore but he was then
pOwerless he had the power and would not fail to
| use it.