, 1873-03-20
Constitutionality of the Pilot Law
OPINION OF JUDGE JACOBS.
John Butler, Pilot.

John Butler, Pilot.
Ship Ocean Traveller
libel was filed in this cause in this court,
on Sept. %, 1872, by John Bntler, Pilot, against
said ship, her apparel and furniture. to
collect S48 as half pilotage for the voyage in or
up the Straits of Fuca; and s95 for the voyage
out or down the said Straits.
The libel alleges all the facts under the Pilot
laws of this Territory, approved January 30th.
1868, which entitle him to recover, if said law
is valid and if recovering can be had in this
form of action, the suit being against the ship,
her apparal and furniture.
Exceptions to the libel have been fled by the
master and claimant, which affect the validity
of the Pilot Law and which question the pro-
prieiy- of the remedy. These exceptions are
supported by a written argument by Mr.. Jud-
son. Proctor for claimant, which, 1 take pleas
ure in saying is able, lawyerlike and ingenious
But after good deal of hesitation and reflection
have reached different conclusion than that
reached by the learned Attorney.
/. That the Territorial Legislature pos
sesses righttul authority to pass Pilot Laws
seems to be con .eded. In fact the power can
not be successfully denied. The legislative
power extends to ali rishtful subjects of Legis-
la.ion A rightful subject of legislation is ore
which from the nature, genius and prudence OF
the government, has been exercised time out
of mind by the legislative power as contradis-
tiucuished from the judicial and executive pow
ers Every maratime State has Pilot Laws
7 has
considered rightful subject for domestic regu-
lation. Still, as Pilot Laws are to some extent,
a regulation of commerce, 1 suppose Congress
might 3. any time sweep away these conflicting
domestic systems and substitute in their stead
one uniform national system. -
But I'd. 1t IS alleged that this is not Pilot
Law but an attempt to levy duty or innpost
on tonnage under the guise Of a Pilot Law. Ii
this were true it would vitiate the law, for the
Territorial Legislature could not by indiree-
tion accomplish that which it could not do di-
rectiy. This objection is founded on the sweep
ing, and may say somewhat unreasonable ex-
emptions found in the proviso to Section 20 OF
this PILOT Act It is Provided, that all vessels
sailing under the flag uf the United States, from
or to any part of the United States or the Terri
tories thereof, shall be exempt from the proyl-
sions OF this act"
1t is admitted inferentially that if any Amer
ican vessels were included within the cumpul-
sory provisions of the Act it would be valid =
But as all are exempt it is argued that it is no.
thing more or less than the levy of duty on
foreign commerce. Let us look at this.
1. AL Pilot Laws make exemptions more or
less extensive. They generally exempt from
their compulsory operations the vessels whose
ONE port is in that State The California law
exempts all vessels engaged in the coasting trade
to and from all American ports on the Pacific
coast. These exemptions are all founded upon
the supposed know.edge of those who navigate
them. Of the dangers of the navigation and the
-uapbs'd pes-esslon of the requisite skill to
void CT over oril- such dangers. Such being
the reason upon which tlsss 8, smpsions were