The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-08
COURT or COMMON plEAs-esNERAl TERM.

Before Judges @. +. Daily, Robinson, Larrcmorc
and Loew.
The steamer ST. Louis, running between New
York and New orleans, was spoken OH Sandy
Hook when coming into this port by John w.
Murray, pilot licensed under the state law. The
vessel refused to take him on board, and he
brought suit before Judge Quinn in the
First District Court to recover his pilot
age fees. Mr.. John 4. Parsons for the
defendants, argued that the St. Louis was
"a coastwise steam vesser' within the meaning
OF the act OF Congress OF 1871, providing that 'an
vessels propelled in whole or in part by steam
when navigated within the jurisdiction OF the
United States, shall be subject TO the rules and
regulations established BY the United States for
the government OF steam vessels, and that every
coastwise sea-going steam vessel subject to such
rules and regulations, and TO the naviga-
ton laws OF the United States, not sail
way. except upon the high seas be under the con-
troll and direction OF pilots licensed by the United
States Inspectors OF Steamboats, and therefore
was not required to take pilot under the State
law The United States statute provides that in
the case OF the vessels indicated no charges
levied. but il expressly excerpts coast wise
steam vessesr from the operation Of this
saving clause. Judge Quinn gave Judgment for
the plaintiff ana defendants appealed to this Court
where the Judgment was yesterday affirmed. Chief
Justice Daily, In rendering the decision says that
steam vessel not sailing under register 1t must
mean one that Is enrolled ana licensed for the
coasttng trade, and vessel sailing from one part
OF the coast OF the United States to another, OF
which Is employed In the whale or coast fisheries,
and does not refer TO n registered vessel,
that may trade or sail TO port Of the world, as
IL was expressly declared not sailing under regis
teri That the state pilot law OF 1867 In no way
conflicts with the provision OF the United states
act, the obligation OF taking pilot licensed by the
State Board being only imposed upon masters OF
foreign vessels, vessels coming rom foreign
port and vessels sailing under register. coast
wise vessel ~ one sailing by the way Of or
along the coast. In certain sense the 81. Louis
was vessel OF this description, but not neces-
sarily limited To running by way OF or to and from
ports upon our coast She was registered vessel,
and, being so, was privileged to go TO or stop at
foreign ports, and OH the voyage In question had
stopped at Havana. That she was under control
and direction OF her master, who was v United
States pilot, did not affect the question.
Decisions.
John W. Murray vs.. Jehn VI. Clark ana samuel II.
Seaman: Judgment aflrined. Opinion by Chief
Justice Daily.
Edward Bradley vs.. M. II. dge-Judgmcnt
affirmed. opinion by Judge Locw.
Thomas CampDel vs.. Henry kearney ct al
Judgment OF the Court below should be af1rmed.
Opinion by Judge Leew
Andrew Lube va. Philip Acknowledgement
afnrmed. opinion by Judge Robinson.
Isaac Edelworth w. Alex. observation-disclosures
reverse. Opin.sn by Judge Loew.
William MCCARTHY w. John M0rris.--Judgment
affirmed. Opinion by Judge Loew.
Herman Ludwig vs.. Henry N. Minot, &c.-Judg.
ment amrUed, Opinion by Judge Robinson.