The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-09
ALATE TREASURY OPINION.
And One THAT won't Hitch with a United
states Supreme Court Decision.

And One That won't Hitch with q United
states supreme Court Decision.
Recently Supervising Inspector Of Steamboats,
Geo. L. Norton received from the Treasury De-
partment letter instructing him to have in
spected certain steam launches one at least
which was owned BY privats parties and was not
engaged in any cossting or other trade, but Was
used simply as
PLEASURE STEAM YACHT,
and measured but twenty six feet in length. The
instructions came in the shape Of decision Of
the Treasury Department, or q CONSTRUCTION" Of
the law which must govern the action OF officers.
The facts were given in detail at the time in
the columns Of the DEMOCRAT, and at the same
time IL was stated that the decision, opinion,
struction or VIII atever IL might be, was in direct
contraventon to a decision rendered by Associate
Justice Bradley Of the Supreme Court OF the
United States, but at the time that decision
could not be obtained readily, and since that
time the DEMOCRAT has secured
CERTIFIED COPY,
which s appended. The case Was filed in the
United States Circuit Court for thu eastern dis
trict of Texas leases Nos. DAG ard 92D from the
law side, the title being the United States w.
steam vessel Mollie and United states va. steam
vessel Bonita. From the record II seems that
the case was decided for plaintiffs by the Circuit
Court, when 1t was appealed TO the Unit States
Supreme Court. and the opinion OF Associate
Justice Bradley was fled June G, 1876. in the
Circuit Court at Galveston. 1t s as follows:
|. United States W. Steamer Bonita.-This Is
libel against small pleasure boat, twenty-nine
feet long, seven feet wide, and without deck, but
propelled by small steam engine with cylinder
of nine inches stroke and three and q half inches
in diameter. II 10 run occasionally by its owner
and the owner OF the engine, for their amuse-
ment, on the Buffalo Bayou below Houston. In
my judgement this 10 not vessel navigating the
public waters Of the United States within the
meaning of,he steam inspection laws. The 4426th
section of the Revised Statutes enumerated the
various kinds Of small steam craft which we're
intended to be embraced within the law.
1t declares that the hull and boilers OF every
ferry boat, canal boat. yacht or other small craft
Of like character propelled by steam, shall be in
epected under the provisions OF this title. Such
other provisions of law for the better security Of
life as may be applicable to such vessels, shall,
by the regulations Of the board Of super.
vising inspectors also be required
to be complied with before certificate Of inspeo-
ton shall be granted; and no such vessel shall
be navigated without . licensed engineer and a
licensed pilot. Now, the vessel in question is
neither ferry boat, canal boat or yacht-does 1t
beong to the added category OF other small
Graf OF light character These words must be
interpreted upon the principle ofnosutur sociis.
The last clause Of the section shows that to be
within the law, q vessel must ct least be one
which will admit OF the employment OF q licensed
engineer and q licensed pilot.
II is absurd to suppose that a mere pleasure
skif of the kind now under consideration was in.
tended to be employed within the regulation Of
boiler, might about 40 well be included.
The libel Ia dismissed. The same decree will
be entered for the same reason in the case of the
United States va. Steamer Mollie."