The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-05-01
! FROM THE NATIONAL CAPITAL.
MATTERS AND THINGS or INTER.
EST YESTERDAY.
Important Admiralty Cases Decided
by the United states sn.
prcmc Court.
my telegraph TO the DI.pa,ch.l

IBy telegraph 10 the Dispatch.1
WASHINGTON, April 30.-A decision was
rendered IN the Supreme Court to-day in
the admiralty case Of W. II. Ellis. master,
ma others against the Atlantic Mutual In
s'irance Company, of New York, and others.
on appeal from the Circuit Court Of the
Unlted states for the district OF Louisiana.
rms was a suit in admiralty brought by
the masters and owners OF the ship Tor
nado TO recover freight money on a cargo
which was burned and sunk In said ship
before the latter had started on her voyage.
The Court holds that where the vessel, be-
lore she breaks ground for her voyage, is
so injured by fire that the cost Of her re-
pairs would exceed her value when re-
paired, and she is rendered unseaworthy
and incapable OF earning freight, the con-
tract for the transportation Of the cotton
by her to a foreign port, evidenced by bill
OF lading containing the usual and CUSTOM
ary exceptions, and providing for the.pay-
ment Of the frcigh. money on delivery OF
the cotton at that port, Is thereby dis
solved, so that the shipper Is not liable for
any part Of the freight money, nor for any
of the expenses paid by the vessel Tor com
pressing and storing the cotton. The de-
cree of the Circuit Court Is affirmed, with
costs. The opinion was delivered by JUS
tice Blatchford.
\ decision was rendered by the court to-
day in another admiralty case Uice William
l.. Sinclair against Beatrice NJ. Cooper,
widow, CT a., which also comes here by
appeal from the Circuit Court of the United
States for the District of Louisiana. The
facts Of this case and the decision OF the
Court are rs follows: On the 18th day OF
April. 1879, the ship Conemara was lowed
by a steam-tug down the Mississippi river
from New Orleans on her way to Liver
pool. She came 10 anchor in the evening,
and the tug wa laShed to her side. In
the night, while most OF the ships Of
ficcrs were drunk, Il passenger on board
of her was awakened by the smell
of smoke arising from a fire which had
broken ont in the cargo. lie gave the
alarm to the officers and crews OF the ship
and Of the tug, and he and the officers,
crew, and two OF the passengers of the tug
working together, and by means of the
sleam-pump aud hose used on the tug, and
unaidei by the officers and crew Of the
ship. put out the fire in twenty Tlinutes.
The Court holds. first, that this was salvage
service, and that the passengers on board
the ship. as well rs the owner, officers, crew.,
and passengers OF the tug, were entitled to
share in the Salvagc-money; second, the
decree OF salvage by the Circuit Court i'm
admiralty is not to be altered by this court
for excess IN the amount awarded unless
the excess is so great that upon any reason
able view OF the facts found the award Of
the cour. be justified bv the rules OF law
applicable to the case. The award below
was for Sl4, 19S, or G per cent. OF the value
OF the ship and cargo. The decree was
affirmed with costs. The opinion was de-
liyered by Justice Gray.
Another Supreme-COurf Decision.
WASHINGTON, April 3O.-A decision was
rendered by the Supreme Court OF the
United states TO-DAY in the case OF the
Fredericksburg and Ohio-River Trans
portation Company, appellant, against the
city of Parkersburg, West Va, and others.
This case, which is one OF considerable i'm
portance TO all cities and towns along navi-
gable rivers, arises out of the following
state of facts: The city OF Parkersburg.
West Va, built q wharf and established
certain rates of wharfage, which the Par
kcrsburg and Ohio Transportation Compa-
ny complained OF as eXtortionate, and as
being merely a preteXt Tor leyying 4 duty
Of tonnage. The company thereupon filed
a bill in the Circuit Court OF the United
States to restrain proceedings in a suit
brought III the State court for the purpose
OF collecting the wharfage, and to have the
wharfage ordinance declared illegal and
void.
This court holds-1st. That rs the ordi-
nance on its face imposed charges for
wharfage only Though these charges might
be unreasonable and eXorbitant), the court
will not entertain any averment that they
were in reality not intended as wharfage,
but as n duty OF tonnage. An inquiry into
the secret intent OF a body which imposes
charges is inadmissible; whether ii is one
thing or the other must be determined by
the ordinance or regulation itself.
I'd. That wharfage is the charge for the Use
Of a wharf made by the ownertlereof by way
of rent or compensation, while the duty OF
tonnage is a tax or duty charged for the
privilege Of entering or trading or living in
a port or barbor, and can be imposed only
by the Government.
Sd. That whether the charge is wharfage
or duty Of tonnage is a question not OF i'll
terest but OF fact and law.
4th. That although wharves are related
to and navigation a. aids and
conveniences. yet being local in their ma
ture, and requiring special regulations FOL
particular places, the control OF them I'm
the absence OF congressional legislation on
the subject) belongs TO the State in which
they are situated.
jih. That a suit will not lie in the Circuit
Court OF the United States for relief against
~exorbitant wharfage as Il case arising undel
the Constitution or laws OF the United
States, even though 1t be alleged that tine
wharfage was intended as a duty OF ton
mage.
The decree of the court below in favor
OF the city Of Parkersburg Is therefore
affirmed.
Opinion by Justice Bradley, Justice Har
Ian dissenting.
UupIeasant Personal Relations.
WASHINGTON, April 30.-The unpleasant
nersonal relations which it is understood
have for some time existed between til,
secretary OF the Interior and Senator Hill
az Colorado, have at last manifested them
selves i'm such n way that wide publicity |
likely TO be given to the causes OF the dis
agreement. Senator Hill, who, il is said
has been greatly i~rritated by misrepresenta
tlons OF his language and purposes by Sec
rotary Teller, as well rs by the removals o
his 0iiI's) friends from positions under tn
Interior Department, has written a lon
letter to the Secretary, in which he com
plains bitterly OF the latter's behavior to
ward him. and attacks vigorously Tel
ler's management. or, in Mr.. Hills opin
ion. mismanagcment, Of the department
over which he presides. Secretary Tclle
said tonight that this letter OF HIPS ha
lust reached him that he had not had tim
TO read it carefully, and that he would tC
morrow consider il and give ii such treat
ment as it seemed to him to deserve.
Brief terms
WASHINGTON, April 30.-The Presiden
has not yet signed the commission OF Del