The New York herald., 1879-08-27
Violations of the Law Reported to the
Pilot Commissioners.
LEGAL ADVICE ON THE SUBJECT.
The Existing Statutes Intellectual to
Check the Abuse

United States Loyds through their attorneys, ask
ing whether or the customary route Of vessels
hence to Spain has been affected by the deepening OF
the channel through He'll Gate The Board
instructed Secretary Nash to reply that
it is quite common for vessels lying at
Hunters Point to go out via He'll Gate.
A communication received from the
Police Commissioners stating that the reason tho
steamer Niagara was refused opportunity to de-
liver her ashes into the placed in the East
River for their reception that the vessel sought
to deliver during The Police Board
requested the Pilot Commissioners to report to them
any refusal Of this kind by the contracting parties
in charge of the scows and promised to
take prompt measures to redress the wrong
Mr.. Isaac l.. Fisher. representing the Perth
Amboy Towing line, appeared before the
Board and complained that the contractor who
dredging the slips Of the Central Railroad of New
Jersey depositing loads in the channel in Staten
Island Sound, thereby filling it up. The Pilot Com
mssioners referred Mr. Fisher to the New Jersey
Commissioners, with the understanding if he OBJ
tanned no redress in that quarter that they would
take the matter in hand. Inspector Conway reported
hat August 49, at fifteen minutes past eleven A. NJ
the steamboat Minnie Cornell was detected throwing
ashes into the water between Bedloe's Island and
Robbins Reef. Tho Board fined the owners of the
August %. at ten minutes past eleven A. NJ, the
German steamer Main. when opposite Upper Quar-
antine, caught throwing ashes into the wafer.
The captain and officers appeared before the Board
and made atidavits denying the charge. They said
they had thrown their ashes overheard of Fire
Island their way in. The Board postponed action
until witnesses had been examined
JURISDICTION OVER THE HARBoR.
At this stage the following statement and sugges-
tions respecting the existing laws against abuses of
the harbor and the powers and duties Of the Board
relation thereto, prepared by William Allen But
ler, their counsel, were read
1.-The waters of the bay and harbor Of New York
are public navigable highway which the State
of New York has full jurisdiction for all purposes
requisite for the regulation Of their use and the
prevention of their abusA In the exercise of its
general power to regulate commerce Congress has
from time to time provided for the survey Of the
harbor, and 1t could establish a system for the inn
provement and maintenance Of navigation in these
public waters which might well embrace proper regu
lations for their but Congress has not assumed
this control and it is the proper province of tho
State to protect its great natural highway for the
commerce Of and other nations against all
wrongful or injurious acts or practices.
1.-The people of the State of New York under the
constitution can. without the aid of any special
legislation. proceed by their Attorney General in the
Supreme Court to abate nuisance existing in the
public uavigable wa ers and to prevent the continue
ance of any acts constituting an unlawful use Of
them. Any person. corporation or municipality
using or attempting to use tho waters or the
terial substance detrimental to the public
health injurious to the harbor itself can be
prosecuted by the Attorney General and enjoined
against the perpetuation continuance Of tho
wrong. The attention of persons Interested in OK
tensive properties at Coney Island called to this
subject more than year ago, but they took no ac-
ton IN the matter.
.eThe Board of Commissioners of Pilots are not
harbor commissioners. The duties of the Board as
originally created by the Pilotage act of 1855
confined to the licensing and government of the
being elected by the New York Chamber OF Com
merce and Board of Marine Underwriters, and not
appointed by the Executive or Legislative Depart
ment of the State government exercise primarily a
function which pertains exclusively to the COM
merce of the port. and which can be most safely
conhded to men OF practical commercial experience
In 1857 the Legislature added to the duties of the
Board certain incidental powers relating the
sight OF the wharves piers and slips of the city Of
New York and the waters of the harbor. The powers
conferred by the act of 1857 for the most part
devolved by the charter 1870 las amended in is7D
upon the Department OF Docks portion of them,
not transferred, still vested in your Board.
''To BE TowED TO sHA."
'.Section of the act of 1857, amended by chap
ter 4l4 of the Laws OF 1876 requires the mud and
terial dredged from the slips. basins and shoals in
the port of New York to be towed to sea, three
miles outside of Sandy Hook, deposited above
high water mark or behind bulkhead for filling;
and prescrbes for wlfui violation of this require
ment o penalty of $5 for each and every
cubic yard of material not disposed Of required
by the section. Your Board has control
the dredging Of slips The mud and filth taken
OF them is removed under the supervision OF the
Dock Department. The swespings and refuse Of the
city are removed under the direction OF the Police
Department The powers of your Board thus
very limited, and in this particular case, well
in that OF the law prescribing the penalty for throw
ing ashes and cinders into the harbor. confined
to bringing suits for the penalties imposed This Is
wholly inadequate for the protection OF the public
from the fragrant abuses which prevail What il
needed is thorough system of police regulation
der competent direction and administered with
true regard to the public interest.
section was $ amended in 1876 to limit the
penalty of s5 per cubic yard to 'wful' dumping of
dredgings and refuse material in the harbor. Proof
of the violations of the law Is, therefore,, not sum
cient enttle the Board to the prescribed
penalty; 1t must be affirmativey proved that the
violation was wilful. The excuses of stress of
weather. unseaworthiness OF vessels. misapprehen-
sion to the law. and other pleas interposed to
leve the offenders charged with the violation of the
statute from the consequence of u wiful nfracton
of its provisions, are not easily met; and the
Board wholly unprovidcd with any means for
maintaining detective force to guard against vo-
lations, which usually committed ut night 1t is
to be regretted that the Governor withheld his ap-
houses of the last Legislature, and which would
have materially aided In tho protection OF the
harbor.
IL n mistleneanor, punishable by imprisonment for
not less than six months and hne or not
less than $500 for each and every offence, for any
person to throw any dead animal. carrion, offal
other putrd offensive matter in the waters of
the bay or hnrpor of New York This plain provision
contained in section of the act is to great extent,
neutralizcd by the provisions of the following
tions. which allow vessels propelled by steam to
to deposit it under the permission and direction OF
an inspector. the inspector will withhold permits
for dumping in the lower bay the first section of tho
would at once become operative and effective. IL
public officers conspire with contractors to turn
the great channels OF our domestic and foreign
merce and the surrounding waters into dumping
places for the garbage and refuse of tho metropolis
the persons whom they employ and who commit the
precise offence described in and denounced by Sec
tion 4 OF the act of 1876 should be prosecuted
criminals guilty of the msdemeanor aud liable
the punishment to which the act relates. The letter
OF the law would not include the city officials them
selves. but just public opinion would hold them
equally responsible with their subordnates for tho
wrong.
PRACTICAL SUGGESTIONS.
II would suggest the following methods OF deal
ing with the subject in the of such means as the
existing laws provide.
'FTst--rhe institution and prosecution by your
Board of suits for the penalties prescribed by sec
ton of the act OF 1857 las amended by the act
of 1876 in every case in which u complaint in
writing is made supported by the ahidavts of
competent witnesses, showing wilful violation of
the law by responsible parties.