The New York herald., 1878-12-31
THE COURTS.
Important Decision as to the Powers
of Harbor Masters.
THE TELEGRAPH PATENT SUIT.
Penalty of Making Love to an
Employers Daughter.

decision made yesterday by the Marine Court. in
the of Edward G. Tinker, Captain Of the Port
against John stllwaggon, the pilot of the steamboat
j. B. Schuyler, is Of Importance to the shipping in
terests of this port 1t defines the powers Of the
Captain of the Port and harbor masters the piers
and wlarves of the city. 1t appears that during the
past summer the steamboat J. b. Schuyler was in
the habit Of landing at pier 55 foot of Grand street.
East River. in carrying excursion parties to
and from Bridgeport, Conn. The pier immedi-
ately adjoining is used as the slips OF the
Brooklyn Ferry Company and has been
used as a ferry terminus for seventy years.
The ferry company complained to the Harbor Mas
ter of the district that the Schuyler account Of
her length which is 200 feet. overlapped the ferry
slips and in that way prevented the ferryboats from
making their trips on time. Harbor Master James
M. Thomson thereupon investigated the charge.
and finding it well founded. ordered the
pilot of the Schuyler to discontinue his
landings at pier 55 and 60 to pier 81, at
the foot Of Broome street, which the Harbor
Master assigned the Schuyler instead. The de-
fendant declined to recognize this order and in de-
fance of it, and under protest Of the Harbor Master
the Schuyler made q landing Sunday. the 9th Of
June 1873, at pier 55. Resistance offered and
rests were made by order Of the Harbor Master and
Captain Copeland. Of the Municipal police, who was
acting in his aid. The persons arrested were after
ward discharged and brought civil actions against the
Harbor Master and Captain Copeland, in which they
were arrested aud held to bail. These troubles
and arrests were noticed in the HERALD at the time
and excited considerable attention. The Captain Of
the Port to stop these and to settle the
powers of the harbor masters in like cases, brought
suit in the Marine Court to the penalty Of $0
imposed by and under section Of chapter 487 of the
Laws Of 1862, upon those who dsobey and refuse to
perform the lawful commands Of the harbor masters
The case was thoroughly contested and every pos:
he grSnnndd OF objection ito urged to a
rver tho law and facts. aud citing numerous
uthorities decides that the law under which the
laintif seeks to recover in SO far it seeks to
ablish harbor regulation, or creates police
onstabulary authority to prevent overcrowding and
hippng in the harb0r. is not in conflict with any
revision Of the constitution of the United States
4 federal law of the State constitution. He fur
snsequence of her lengtato land at pier S. on ac-
cunt OF its proximity to the ferry Slips and Of the
Uncertain and tricky eddy tide in the vicinity
which had often forced the ferryb going in and
out Of the slip down against the upper side of pier
55. and made them liable to collide in case
vessel on the end of pier 55 overlapped the ferry
slip much the Schuyler did in making her land
ings. which overlapping had on some occasions pre-
vented the ferryboats from running in and out on
time. He also decides that the pier assigned to
the Schuyler at Broomc street, by the Har-
convenient to pier 55 it possible
for the Harbor Master to assign and that such
designation lawful exercise of power; that the
harbor masters, under the act of 1862. is in the
ture OF police or constabuary powers that by law it
~ TOT tneu TO provide anu assign suitable accommO-
daons for all ships and vessels and to regulate them
in the stations they to occupy at the wharves
in the stream" that it Is left to them to determine
whether the pier the vessel proposes to is suit
able not and that il they find decide that it is
unsuitable they have power to enforce their decision
aud whether such pier be public private property
its use by such vessels, even with the owners
lieense, Is subject 70 the pouce ana .
Port and harbor masters. and that to this extent
private interests must yield to public rights; that in
case the Captain of the Port Harbor Master pre-
vents the by such vessel of the pier proposes
use. upon the ground that 1t is unsuitable, he must
provide and assign such vessel suitable accomoda-
tions elsewhere, which. as proper exercise Of
power, ought to be near as practicable to tho
rejected pier The Judge concludes by holding that
the defendant by his REFUSAL to yield obedience to the
Harbor Masters orders, has incurred the statutory
spcnalty $780, for which Judgment is awarded against
him, with costs.