Savannah morning news. [volume] (Savannah) 1868-1887, 1882-06-17

gated" This settles the illegality Of that por-
ton OF the pilot laws OF Georgia wnlcn as
criminate in favor OF our own state, or OF
South Carolina and Florida, as against the
other States of the Union; even If II be not
conceded that the whole OF section 1912 Is OBJ
noxions to the constitutional prohibitions
above indicated
Section 1925 of the Revised Statutes recites
that: Until further provision is made by
Congress, all pilots in the bays, inlet, rivers;
harbors and ports OF the United states shall
continue to be regulated in conformity with
the existing laws of the States respectively
wherein such pilots may be, or with sucn laws
as the States may respectively enact Tor the
purpose" Nothing is better settlea than tna1
q State law, however constitutional, Wnlcn re-
lates to Interstate commerce must yleId 20 en-
enactment of Congress, when Congress- chooses
to act.
law in contravention of the Federal Constitu-
ton. is of no binding force in either state or
Federal Courts.
Clause 3, OF section 8, OF the nrs1 arIlcie on
the Federal Constitution, in enum Grating the
special powers Of Congress. says: The Con-
gress snail have power to regulate commerce
with foreign nations and among the several
States, and with the Indian tribes.
There can be no question but that sections
4444 and 4237 of the Revised Statutes OF the
United States are within the power thus con-
ferred upon Congress; and Ia SO far as they
are in conflict with, override and annui any
State law relating to similar subject.
The navigation and management and pilot
ing of steam Uessels coastiDg along the oceans,
or employed upon the river. ana great lakes
the General Government has seen proper spe-
cally to provide for. To be authorized to Pill t
any such steam vessel, used IN the coastwlse
trade a pilot need be licensed by no other au-
thOrity than the inspectors or hulls and bolt
ers. who are selected and employed by the
Government of the United States at the vafi-
Gus collection districts set forth in section 44'4
OF the Revised Statutes
But it would seem most strained construc-
ton to hold that a % lrSon licensed as pilot OF
coaStWiSa steam vessels for the Atlantic coast
at Philadelphia, by the Board OF Inspectors for
that collection district, is, by virtue or SUCH
license authorized to pilot steam vessel over
Tybee bar, and up aud down the Savannah
river, without anI examination by, or license
from, the proper authorltleS at the collection
district Of Savannah. Indeed the statement OF
the proposition refutes it, for why have inspec-
tors at the various ports in different parts OF
the Union whose duty it is to examine and
license pilots for steam vessels engaged in the
coasting trade, unless iG be that such inspectors
shall pass upon and certify to the special fit
ness OF those who undertake to pilot vessels to
and from the special ports? To hold that the
inspectors for the collection districts Of New
York, or Portland or Philadelphia, or Bati-
more, or Norfolk can skifully examine and
y lss upon the qualifications for a plot at the
port of Savannah is to hold an absurdity. 1t
may be that the local inspectors at Fhiladel-
phia, or elsewhere, undertake TO authorize
master of q coasting steamer to pilot his
vessel into Savannah; but there is nothing
in the statutes which will justify such exercise
of power. Therefore it cannot be conceded
that the master of the said steamer saxon,
having only a license as a pilot from the inSpec-
tors at Philadelphia, was authoriZ9 ed to act as
a pilot for Tybee bar and Savannah river. But
it is considered that the employment OF Walter
w Smith by the defendants was entirely in
accordance with law, and this even il the said
section 1912 of the Code of Georgia was valid
and binding; for, as has been shown, the obi
CATION was at most only that the master of
vessel shall take some pilot, and not the first
one who offered.
As has been seen. Congress has not exercised
its power in the matter OF making rules for the
plotting of vessels, either foreign or domestic,
which come to and depart from the various
ports of this country, except in the plotting of
steam UeSSelS engaged in the coasting trade.
Now as at the formation OF the government,
all other vessels fall under the pilot regula-
tions established by the various Stat s: pro-
vided such State regulation be not in conflict
with some special law of Congress- or with the
organic law Of the Federal Government And
however reluctant the courts may be to de-
clare void any act of the State Legislature yet
such declaration is C early the duty of a court
when an act is manifesty in conflict with tire
Constitution of the United States And law
declared to be unconstitutional IS as if it were
not upon the statute book 1t can have no fiji
cacy to authorize or legalize any action of any
person.
Tie result Of this investigation is:
That the plaintiff has no cause of action
against the defendants under either of the
SecuOnS l0lS OF IOl( OF In6 COQe OF Georgia.
And this is held even il the said section 1912 is
con stitutioual, or was not annulled by section
4237 of the Revised Statutes of the United
States, because the said steamer Saxon did
take pilot authorized by section ANA Of the
Revised Statutes to pilot the vessel
2 That the said section 1912 of the Code of
Georgia is unconstitutional and void, and
that Meth r the masters nor owners nor
consignes OF any vessel, nor is the vessel itself,
liable in any m inner whatever to any pilot
under the provisions of sections 1879 and 1877
of the saidlCOde. And this applies to all coast
ing vessels of every kind and deecriDtion
whether propelled by sail or by steam, or by
both. And the better opinion would seem to
be that this ruling applies also to all American
ships coming into the waters of Georgia.
whether from domestic or foreign ports. For
to hold otherwise would be to place an Ameri-
can vessel, coming from a foreign port, at
disadvantage as compared with an american
vessel engaged in the coasting trade. It there
fore is held to be law that American vessels,
other than cOdstlDtSe steamers can come into
and depart from the ports of this State without
being co npetied by State or Federal authori y
to engage or accept the services OF a pilot Of
any kind. For if the coasters Of this State are
exempt from taking pilots, then all coasters CT
each OF the States are likewise exempt; and as
only American vessels can be coasters then all
American vessels must be allowed the SAME
privileges and immunities under the laws OF
Georgia as allowed any special class OF
Americ IN vessels
3. That American steam vessels engaged In
the coasting trade can be piloted by their
masters mate7, provided they shall have
been licensed as pilots by the Inspectors Of the
collection district in which the ports are
situated.
q. That such steam UesSeIS, so engaged in the
coasting trade, are not compelled to be piloted
by any one who has received license from
any Board OF Pilot Commissioners at any port
in Georgia appointed by the State authorfties
but are compelled to be piloted by some one
duly licensed or authorized by the ms pectofs
of the collection district OF the port so entered
by such vessel
8. That vessels, of whatever character, size,
or nationality, other than steam vessels en-
gagged in the coasting trade, are not compelled
by law, State or Federal, to accept or en-
ploy the services of any pilot upon entering or
leaving any port. hGrhoT, bay, road or inlet in
the State CT Geo gia.
Whereupon, it is considered and ordered that
judgment be rendered for the defendants az
upon a verdict of jury; and that the plaintiff
do pay the costs of this court and OF the court
below, for which execution may issue.
This 10th June, 1889
HENRY B. ToMPKISs, Judge.