The daily gazette., 1882-05-03
THE PlLorAeE LAWS.
The Record stiIl Holding to its Views
Despite the Recent Court Decisions.
TPhiladelphia Record.


rPhiiadelphia Record.1
Of course, II Delaware can supply pilots
to vessels bound to and from Phiiadeiphia.
she suspends the laws of Pennsylvania as to
those vessels, and the Pennsylvania system
ceases to be compulsory upon them. Now,
the compulsory system of Pennsylvania was
sustained by the Supreme Court Of the United
States in the case of Cooley VS.. tbs Board of
Wardens. 1t was held to be necessary to
the maintenance of a competent and vigilant
body of pilots that they should be paid
whether they are employed by the pilots or
not, 30 that their employment should be
made certain. The decision in the case of the
steamship Clymene makes a serious in
road into the compulsory feature of
the Pennsylvania system, because it with
draws from II all vessels taking on board
pilots licensed by Delaware. 1t becomes,
therefore, the duty of the merchants of
Philadelphia to unite to support their own
law by inAiFucting the masters of all vessels
bound to and from Philadelphia to require
all pilots offering their services to show their
licenses, and TO refuse Delaware pilots on
all occasions. 1t is true that Delaware pre-
tends to have the right to compel
vessels bound to or from Philadelphia
without any pilot aboard to take her
pilots, which question will soon
be passed upon in this district. BIT no doubt
is entertained that the only State which has
right TO enact compulsory system is the
one to or from whose ports the shipping to
be affected sails, and that the act of Con-
gress of 1887 confers no right upon any
other State to do so. 1t is plain that were
this otherwise Delaware could enforce pilots
on Philadelphia's commerce, even IL Penn
sylvania thought no pilots at all necessary
and had abolished her own system.
Tn, 10
COoleys case should be kept closely in view.
1t may be stated, in nutshell, thus: The
State to whose ports the shipping trades is
best qualified to say whether pilots are ne
essary at all, and, If necessary, what their
numbers, duties, qualifications and compen-
sation shall be; whether their employment
shall be compulsory, and, If 80, whether YES
sells engaged in any particular trades or of
certain tonnage ought TO be exempted And
not only is such State qualified to legislate
wisely upon this subject but she will do so
justly, the welfare of the commerce being
with her the paramount consideration. The
object of pilotage laws is the welfare of
commerce, and not the support of pilots.
Thus 1t is seen that the same power which
is certain to be exercised by Pennsylvania in
the interest Of commerce is likely to be used
by Delaware, who has no commerce at all,
in the interest of the pilots, and nothing
else. In the hands of such u State, pilotage
laws may be expected to be turned into tax
upon commerce. The coal trade, exempted
by the laws of Pennsylvania from the obliga,
ton to take pilot, may expect to be spoken
at Marcus Hook by the Delaware pilots, and
to be libelled in case 1t refuses to accept
their services
The second case of the steamship Lord
Give has no connection with the Delaware
pilotage system or pilots, and only involved
the construction of Section 81 of the Penn
sylvania act of 1903. The steamship having
been spoken by boat full OF Pennsylvania
pilots refused the first one who was offered
her on the ground that he had never acted
as the pilot of an ocean steamer, and took
and paid another more experienced Penn
sylyania pilot out of the same boat. The
Society for the Relief of Distressed and De-
cayed Pilots, their Widows and Children,
libelled the vessel to recover full pilotage as
penalty for the refusal of the services of
the pilot who first offered. The Court held
that the vessel was subject to this penalty,
notwithstanding she had taken and paid a
pilot from the same boat. Which is con-
clusion, If necessary, very much to be re-
grettcd.