Savannah morning news. [volume] (Savannah) 1868-1887, 1883-02-01
This paragraph. like the other, 4444, is unde

Thi. paragraph, like the other, 4444, is under
the title. Regulation of Steam Vessels. 1t
was enacted in 1871. and paragraph 4444 was
enacted at the same time. Both are in the
same act of Congress, and when those acts
were revised are put in the same division and
title.
Constituting them together, the two para
graphs mean that when steam vessel. not
sailing under register. that is not trading
with foreign ports, is on her coastwise 'yage.
she must have pilot aboard licensed by the
United States authorities, and if she has such
pilot aboard, she cannot be interfered with
by State laws or regulations. Paragraph 4444
expressly declares: that no pllotage shall be
levied by State authority upon any steamer
ssI,iEoted as pr0gided By this title" Was this
steamer the Saxon, as appears from the
record, so piloted. when the plainlif rendered
his services7 Smith. the pilot she afterward
her master nor any other pilot then
aboard was licensed by the United
States Inspectors of Steamboats 10 conduct
her over Tybee bar and up the savannah
river, The master was licensed by the Board
of Inspectors at Philadelphia for the Attdn5.c
coast but not so n0nains for Tybee par ana tle
Savannah river. The ship was on the AtlanIlc
coast of the State of South Carolina when she
was spoken by the plaintiff. She then ana
there had on board her master, who was pl-
lot licensed for that coast, and being a coast
wise steam vessel then and there pilOted ac-
cOrding to title 81 of the Revised Statutes of
the United States, it Is insisted by defendants
counsel that she was not bound by the Geor-
gia statute to tai Ike the plaintiff as the first pi-
lot who offered himself to her, and that
under these facts she cannot be
forced by operation of our statute, to
thence to the port of Savannah; because, it is
argued, the paragraph 4444 of the Revised
Statutes annuls the Georgia act so far as the
coastwise voyage of the steamer so pilOted is
concerned. We cannot hold that the license
at Philadelphia to the master of the steamer
as pilot for the Atlantic coast merely empow-
cred him to go into the savannah port, situ=
ated miles up the savannah river-to pass
over Tybee bar and traverse the river with all
its local difficulties of navigation to port not
on the coast but up the river some distance
licensed by the United States local
inspectors for Savannah. We hold
with the learned Judge below that
this license. given by Philadelphia In
Inspectors to expire with the coast voyage of
the vessel, Such appears, likewise, to have
been the view of the owners and master of the
vessel; otherwise they would not have en-
gagged the other pilot Smith licensed by the
United States Inspectors at Savannah and for
the port of Savannah, to meet the vessel off
the South Carolina coast and pilot her over
Tybee bar and up the river to Savannah.
Such, too, appears to be the construction put
on it by the Savannah Ocean Steamship Com
pany, whose Captains and masters each have
a license both from the State and United States
authorities at Savannah to pilot their vessels
over the bar at Tybee, and up and down the
savannah river 10 anu from the Guy. SuCn,
too, is the construction which sound sense and
public policy would put on the statute, or that
clause of 1t under consideration and cOdified
in paragraph 4444 of the Revised Statutes.
Inspectors at Philadelphia would be as COM
petent as those at Savannah to license pilots
by Judging of their competency and fitness for
the Atlantic coast; but they would not be to
judge of their qualifications to act as pilots
over Tybee bar and up and down the SaYah-
nah river. Hence the inspectors at Rhiladel-
phia. we think, prQperlg construed the true
intent and meaning of the act of Congress,
and limited the license they gave the master
of the Saxon to the Atlantic coast,
The exception in the concluding paragraph
of 4444 of the United states Revised Statutes,
to-wit., ''other than coastwise steam vessels
to the general provision that nothing in the
whole title 81 shall annul or affect State laws
requiring vessels entering port IN such State
to take pilot duly authorized by the laws of
the state, does not apply to the cOastWise
steamers whose masters or captains have no
license to pilot within the bar and up the
rivers of the State from the United States
authorities If they have such license from
the United States authorities to pilot there.
then no State law shall require an additional
license, and enforce the collection of the fees
of pilot so licensed by the State; but if there
be no licensed pilot by United states authority
to pilot the steamer within the bar and III The
river, then the State law remains in force
So that the State laws and the United States
laws are thus haFmonized, and work smoothly
together. Both stand on good sense and sound |
policy. Both require license by competent
authority at the port to be entered, or at least
authority to enter il by the pilot If If he a
c0astwise steamer the license nv the Tpifad
States authority will suffice, and the State
must not interfere: if any other vessel. the |
State may enforce its law. If the coastwise
steamer be not authorized by license to the
master, or some other pilot on board 90 cross |
is still operative
If the Geargia law was still operative on
this steamer, which was plying towards |
Tybee bar, and bound for Savannah, then she !
was bound to receive the first pilot who ten
dered service, and when she refused him. his |
right, as well by the Georgia statute, perhaps |
by general maritime law, was perfect by i'm
piled contract to recover fees as though he had /
effected what be had offered to do. 1t will not |
do to say that off the South Carolina coast |
when spoken by plaintiff, she was on the At !
lantic coast and the license to her master as |
pilot was there good. Tho pilots from
Savannah must SO outside the bar to meet the /
incoming vessels. The policy of all maritime /
laws is TO push themout to sea. The Savannah !
river is the boundary between Georgia and |
South Carolina. and so soon as the pilot boat |
steers north beyond Tybee bar, she is on the !
Atlantic and on the South Carolina coast. If |
then and there vessel with no Ii ensed pilot !
for the port of Savannah be at liberty to re-
ject pilot because the vessel has a coast pilot
aboard, when is she bound to receive him. /
Within the bar? To pilot her over the bar is |
part Of his duty, and this he cannot per
form If he does not get aboard Outside
SO that the great maritime pQlioy-eOmmer- /
cial necessity--the safety OF ships, of freight, /
of liInh, of life, demands that these hardy sea- /
men push out to sea, and that he who first |
offers service by enc0untering danger and /
risking life, shall receive the reward of his /
energy and hardihood, and pilot the vessel |
into port. We do not think that Congress in
tended to annul and abrOgate State laws
which enact into practical life this princiDle;
but that the statute enacted by that body was 1
designed to exclude from the power of the |
State to require any Incense when the au-
th1rtiea of the Union had granted it-eavng
the principle that of two licensed by United |
States authority, that pilot who first offered /
service should be received, and if reject /
ed should be entitled to compensation
for his labor and risk according
to the State law, still in force In this case
therefore, we think under the facts admitted !
to be true, that the Georgia Statute section !
1912 of the Code, is of force, not being uno0n-
stitutiOnal or annulled, so far as Il authorizes
plaintiffs recovery b. any act of Congress;
that the PLAINTIFFS entitled to recover; and /
that the Judgment be reversed