The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-07-07
THE xcIorO SUED


u 4 & ~. ~.
4. Libel Against Her. Filed Ia The U. n.
jatgIj /. Court Claiming 63,15O. < s5iff
Il Papers were yesterday filed In the office Of
the clork Of the United States Court In this
city, inauguratins a suit hgainst thciowners
Of the steamer sclo,o, sunk at Mingo on the
night OF the Fourth, TO compel them to for.
felt the sum Of %, $50 for carrying IN excess
OF passengers over the number allowed by
her license. The suit Is brought by VIM q.
Beans, OF this city, against "thc Wheeling,
rarkersburg and Cincinnati transportation
Company, corporation duly organized and
Incorporated under the laws Of tho State Of
West Virginia, and whose place Of business
Is Wheeling, West Va, and whoseprincipal
office Is ntsaid city, now Of. late owners OF
the steamer or steamboat called the Scioto. y
The law bearing Oh this subject ~ found In
Title LII, Of d tho revised statutes, Of tho
United States, Chap, II, Sec, iitj, approved
February Is, ISL, Which provides that:
st shall not be lawful to take ON board Of
any steamer greater ninibero oil persons than
Is stated In tho certiiichteo Of Inspection and
for every violation OF this provision the mas.
ter or owner shall be liable 70 any person
suing for the same, to forfeit the amount Of
passaga money and ttn dollars for each pass.
enger beyond the number allowed"
y IN thu next section II Is further provided
that III any passenger Steamer engages IN
excursions, the inspector shall issue 10 such
steamer special permit In writing for The
occasion, In which shall DO stated the add.
tionn| number Of passengers that may I. b.
carried"
Tho libel fled yesterday alleges that after
tho passage Of this Act, aud on the Fourtl,
day Of July, 1852, the defendants. owners oil
the Scioto, did run sud boat forl"the carriage
OF passengers Oh the navignble waters OF the
United States, to.wit: On the Ohio river. be.
tween the town OF MoundSvillc, IN the State
Of West Virginia, In tito said Disrcto OF West
Virginia, and the town OF East LIVERPOOL, In
the. State OF Ohio, and had procured. for. the
said steamboat there.ofore, from the Inspec.
tors for the district OF Wheeling, u certificate
OF inspection, which, permitted the said
steamer or steamboat to take On board thirty
passengers. This libclluiit further alleges
und informs. that oil the day aMd year last
aforesaid, the said Company lad procured
from tho inspectors for the district OF Wheel.
Ing for the. said steamer or steamboat,
in pursuance Of section .4;4GG aforesaid, a
special permit in writing for e1cur-
sions to carry, on tho day. and year
last aforesaid between the two towns above
mentioned, 800 passengers In addition to the
number permitted BY the certificate Of inspec.
ton heretofore mentioned, and that said
company having plocnred as aforesaid the
said special. permit for the snid steamer or
steamboat. scioto 10 carry 800 passengers III
addition to the number mentioned In the
certificate OF inspection aforesaid, tho said
or ,hnof mr. OF auf 1t i
and year last aforesaid, between the town Of
Moundsville, in the Suite OF West Virginia, In
the District of West Virginia,and the town O!
East Liverpool, In the State Of Ohio on The
waters 81: the Ohio river, uhlawfulIy and IN
open violation of the provisions Of tile afore.
snid section OF Title LII chapter OF the re.
vised statutes OF tho United States. take oil
board and carry $50 passengers, that Is to say
800 more passengers than the said steamboat
scioto might lawfully take on board and
carry under the certificate oflnspection and
the special permit aforesaid 49,, u. .,,.,,
This libellant further alleges and informs
that said company On the day and year last
aforesaid charged and received from each
passenger the sum OF fifty cents forthe round
trip between the said Two towns. This II.
bellant alleges that by reason,Aof the proyIs.
ions and by virtue OF said act the said com.
pany, owners or late owners OF snid steamboat
as aforesaid, forfeit nd,become! liable TO pay
70 any. person SUNG for the, sime the sum OF
ten dollars Tor each passenger carried beyond
the number. allowed, and tho amount Of his
passage money; that the amount OF money so
forfeited by the said company Is three thou.
sand one hundred and fifty dollars, and that
by reason Of The said net the said company
has forfeited and Is liable to pay to this libelf.
ont who sues for his own use and benefit the
said sum Of three thousand one hundred and
fifty dollars, for the payment OF which sum
the said company hnth become liable 10 be
proceeded against summary by way OF libel,
and for the recovery OF which this civil and
maritime court is instituted. t"'. -; -
"Sccond.-Tbat' oil and 'singular,tfe prcm.
ises aforesaid are true and within the
admiralty and maritime Jurisdiction OF the
United States and Of this honorable court In
case. Of admiralty and maritime Jurisdiction
may issue sgainst the said ,the.;Wheelipg, Par.
kersburg, and Cincinnaticompany't hatitma
he cited to appear and answer all and sityu.
lar the matters aforesaid, and that this bon
orahle court would be pleased to decree the
said sum oil three thousand one hundred and
fifty dollars to be due TO 10 this ,libellant to-
gethcr with the costs and expenses III this be.
half sustained, and that this libel TINT NAV
have such other relief as in law and Justice
he may be entitled to receive.n ours. .,9firj
The law on the subject is very unequiyocal,
md it is not denied That the Scioto did on
the day named carrya number Of passengers
largely In, excess Of the number she was
legally authorized TO carry. The result Of
the suit. which Is without precedent, we
believe, in Judge Jackson's ,bailiwick, will
be looked for with interest A similar suit
was recently entered at Pittsburgh against
the owners of n steamer which took 4 large
excursion party to 1.-THE .Weeden-Maioney
prizs. tight.1o;;sh %. yrWaii, !ntG aFl,ft3'-