Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-05-20
DELIwAnE,s prLorAaE raw.
Judge Wales Decides that a Captain
MaY ChOOAe His OWN Pilot.

Judge Wales Decides that a Captain
May Choose His own Pilot.
In the United States court in admiralty
Fridaymorning, Judge Wales rendered an
important decision in the case of John S.
Rowland VS.. the British steamship South
Cambria. libel for pilot service which
had been offered and refused. Rowland
is a pilot licensed under the laws of Della
ware, and his claim was that the refusal
to accept his services in favor of Penn
sylvania pilot was in violation of the
pilotage law of this State. The case is
stated by Judge Wales as follows
The lIbellant sues for pilotage service
rendered to the master of the British steam
ship South Cambria on the 22d of 0cto-
ber last, in the Delaware bay on her
voyage from Cuba to Philadelphia. The
libellant was the first pilot who boarded the
steamship and offered his service, which
was refused by the captain, who had in
struction from his owners not to employ a
Delaware pilot, and afterwards on the same
day employed Pennsylvania pilot. The
reason assigned by the captain for his re-
fusal to employ libellant, was that he
desired to avail himself OF the lower rates
charged by the Pennsylvania pilots, the DIFF
ference in this Instance being S26,06. The
court decided:
That the act of the General Assembly of
Delaware, of April 9th, 1881, regulating
pilotage and pilots In the Delaware bay and
| river, which provides: "That the pilot who
shall first offer himself to any inward bound
ships or vessels shall be entitled TO take
| charge thereof" Is in conflict with the act
OF Congress of March I'd, 1887 which enacs
| that "The master Of any vessel coming into
or going out Of any port situate upon
waters which are the boundary between
two states, may employ any pilot duly
licensed or authorized by the laws of either
OF the states bounded ON such waters to
| pilot the vessel to or from such port"
| That 1t may be considered as settled thai
the states have concurrent power with Con.
gress to pass pilotage laws until Congress
| shall take exclusive control OF the subject
by the enactment Of a general and uniform
law, and, in the meanwhile, that such acts
as Congress may make shall be OF para.
mount authority, and all state laws which
are in direct and manifest collision with
them must yield.
That the act OF 1887 applied TO the pilot.
/ age laws OF coterminous states situated
| upon the same navigable waters but which
are not the separating boundary between
them, such construction being clearly
within the meaning of the act.
That the act of 1887 was evidently in
tended to prevent or settle controversies
springing up between rival pilots compel
ing fer employment on navigable water
common to two or more states, and no bette
plan short Of general and uniform system
for avoiding or deciding such controversial
could have been desired than the one con
templated by the act, namely, by conierrinj
on the master of any vessel requiring
pilot, the right OF electing who shall serv
him In that capacity. This was the obiec
aimed at. The mischief to be suppresse
was apparent, and the remedy was equal
apparent. Such being hemeaning of tine aC
under fair Interpretation OF its terms, an
this construction being justified by the ad
Indications OF State and Federal court
which have considered the subject, 1t is OF
dered that the libel be dismissed and
decree be entered for the respondent fo
his costs.
In this case the libellant was repr,
sented by Flanders i Pugh of Philade
phia and Levi O. Bird of this city, an
the respondent by Morton b. Henry
Philadelphia and Benjamin Nields of tn
city as counsel.