The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-07-15

Of Steamboats, asking for authority to arrest
the pilots OF the Scloto and Lomas; the reply
Of the Inspector General, who disclains any
authority TO order nh arrest, and directing
that the matter. be referred 10. the United
States District Attorney for action, Mr..
Fehrenbatch's answer that the Dis.
trict Attorneys office was vacant and
inquiriDg for Instructions. None were
sent, however. In the absence OF definite In.
formation, and the correspondence was re.
terred 10 the Attorney General, who, evil.
IDENTIFY not Informed OF any absence or VA.
cancy In the United States District At,or.
ney's oltce, has forwarded the papers 10 that
official. In addition 10 the sections OF the
revised statutes defining the duties OF Inspcc.
tors, decision bearing OIL the present case Is
found IN the report lately printed and dis.
tributed OF the proceedings OF the thirtieth
annual meeting OF Supervising Inspectors,
held In this city last January. The decision
is TO the effect that Investigations OF alleged
ol'enscs by licensed officers must be made BY
The board OF Local Inspectors. 1t Is us fol.
lows: -.-as.'l. g
TREASURY DEPARTMENT, Oct 20, 1881.
Sin: The department has received your
letter OF the 18th inst, transmitting copy
Of n communication from the Local lnspec.
tors at New York. In which they inquire con.
corning the limits OF their Jurisdiction In the
Investigation under the provisions OF sections
iil3 and 1850 OF the revised statutes OF In.
fractions OF law by licensed officers OF steam
vessels. Section ii50 OF the revised statutes
provides that the Local Inspectors shall In.
yestigatc all acts OF incompetency or miscon-
duct committed by licensed officers and de.
scribes the mode In which such investigations
shall be conducted. II further provides that
II an officer shall be found incompetent or
guilty OF misbehayior, negligence, or UNI
skillfulness, or has endangered life, or has
willfully violated any provision OF this title
title 81, r. s. they shall Immediately sus-
spend or revoke his license" The provisions
Of the statute In regard to the penalty are
mandatory, and no discretion Is lef, with the
Local Inspectors. 4l--'
II, from the nature OF the testimony, the
inspectors are satisfied that an officer has
committed an iniraction OF law involving q
tine, the papers should be transmitted TO the
United States Attorney, unaccompanled by
my testimony, opinion or iinlling OF the
local inspectors, or any Information beyond
the fact that the charge Is for violation OF
some section or sections OF law which shall
be specified. 1t Is for the C0ur. 10 decide Of
the trial OF the cases whether the violation is
sufficiently clear TO warrant fine beiAg in.
posed. The fact as to whether. collision
has or has not occurred should not influence
the inspectors in their judgment OF the case,
as the law reci,es that II an officer has been
guilty OF negligence, or upskillfulness, or
has endangered life" the penalty shall be
suspension or revocation OF license. In the
findings which require such suspension or
revocation, no reference should be made to
other sections Of law, involving fine or
graver penalties. '.al1 -r.
Very respectfully,
II. +. FRENCH, Acting Secretary.
To the Supervising Inspector Of the Second
District OF New York.