Daily Republican., 1882-01-11
DELAWARE PIL0r vIc1uex.
what . Philsdelphis Pnbsr Aas
q say absut it-Am Appeal 20
CsnSrsss Suggested.
PhilAdslphia Kscord.

i
Csnsrsss Suggested.
Philadsiphis Record.
The pilots who ply on the river Della
ware by virtue Of the licenses issued by
the Pilotage Commissioners of the
State Of Delaware, have not only drawn
first blood in their legal couflict with
the shipowDers and agents Of this city,
but have gained deci led victory. Dur.
ing last summer.it will be remem bered,
as q sequel of troubles which had for
some time existed between the Phila-
delrhia and Delaware pilots, the Legis-
lature of the Diamond state passed an
act imposing q penalty upon sll vessels
calling at the Breakwater for orders
which refused to accept the services OF
licensed pilot. The shipmasters of
Philadelphia denounced this attempt
on the part of the neighborirg State to
exercise jurisdiction over the waters of
the Breakwater as unwarranted and
opposed to the interests of the commerce
of the port. An opportunity was soon
afforded for a tess of the position.
The master OF the British ship Will
liam Law declined to pay Peter Cham
bers, = Delaware pilot, the fees to
which Chambers would have been en-
titled to had the master accepted his
services, as under the law he was com
peeled to do. Chambers accordingly filed
y libel against the ship In the United
States District Court at Wilmington.
Before a hearing was had in the case,
however, Mr.. Walter f. Hagar, tho
shipping agent Of this city, acting in
behalf of the captain, made application
to the Unite1 States Supreme Court tor
writ of prohibition TO restrain the
District Court from proceeding further
with the case on the ground that 1t had
no jurisdiction. The question was
argued for both sides by able counsel,
and on Monday Chief Justice Waite
rendered decision refusing the writ
of prohibition, and thus laying down
the principle that the District Court,
sitting as a court of admiralty, has full
Jurisdiction in such proceedings AZ that
now under consideration.
There were considerable talk In ship
ping circles yesterday when the full
import of this decision became gener-
ally understood, and it was generally
conceded that the Delaware men had
come best out Of the battle. There
was.a conference during the morning
between severa! prominent shipping
men and the counsel in the test case.
Messrs. III. G. Ward, Il. G. McMurtrie
and Morton p. Henry, but it was not
productive of any new course OF action.
Speak ny on the subject yesterday even
ing, Mr.. Ward said that Until full
copy OF tre decision had been received
it would be impossiblet to say whether
any loop-hole yet remained. 'The 9TH
er side" he continued, opposed our
application on two grounds-frst, that
it was not proper case for writ of
prohibition, and again, that, lift were
a proper case the act under which the
suit was brought was not valid.
Whether Judgment has been given
against us on both or only one Of these
points is the question we are waiting TO
ascertain. In any event, however, do
not see that we have any remedy. The
decision says that the suits may be
brought. The Delaware Courts, as a
matter of course. will follow the text OF
the law and render judgment for the
pilots, and the amounts involved will
be too small to enable another appeal
to the Supreme Court. Hence, yoL see,
it appears that we have no alternative,
whatever.
A prominent ship owner says that
the shape in which the question is how
left will make it imperative on the part
of the Philadelphia interests to seek re.
lief at the hands Of Congress, and 1t is
probable that meeting of shipping
men to consider what action is now ne
cessary will shortly be beld. The
Delaware pilots are not over ultant
at their victory, and Captain Virden, in
conversation with leading Walnut
street agent, suggested that the pilots
might even now be prepared to make a
compromise which would be satisfac-
tory to all parties concerned.