The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-06-29
THE FERRY=BOATS.
There Is a Way to Avoid
OverCrowding.
OPINION OF CLERK RUSSELL.
He Thinks That the Supervisors Can
Regulate the Number of Pas
sengers on Bay Steamers.

1.-THE Federal authorities are powerless;
ferry-boats are exempt"
That was the succinct answer of Captain
John Birmingham yesterday afternoon.
when an inquiry was made as to what ac
ton. if any, could be taken to prevent the
overcrowding of ferry-bo
''If you want to do anything you will
have to regulate Congress-" he said, as
clincher.
The captain then produced section 1864
of the Revised Statutes, which reads as fol-
lows:
Section 1864. The inspectors shall state in
every certificate of inspection granted TO steam
ers carrying passengers, other than ferry-boa
the number OF passengers of each class that any
such steamer has accommodations for and can
carry with prudence and safety.
The words, "Other than ry-boats"
seem to constitute an exemption clearly
enough, so far as the supervising inspec-
tors obligation is concerned.
But Captain Birmingham has also the
authority of Supervising Inspector-Gen-
eral James A. DumOnt. To the captains
telegraphic inquiry: what if any
authority have TO prevent overcrowding
of ferry-boats. equipped under rule 7?"
General Dumont replied: None; ferry
boats are exempt"
If it were not for this exemption, section
1865 of the Revised Statutes would make
it unlawful for ferry-bo to carry
greater number of passengers than stated
in its certificate of inspection under PEN
atty of the loss of the passage money and
$40 fine for every passenger over the legal
number
Further examination of the statutes of
the United States shows that under sec
ton 44SS the board OF supervising inspec-
tors is required to fix and determine the
kind" of life-preservers carried upon
every ocean, lake. bay or sound steamer,
but nothing is said about the number.
The rule referred to in Captain
Bermingham's query TO General Dumont
reads as follows:
"An ferry-boats carrying passengers
shall be equipped as passenger steamers
to such an extent as, In the opinion of the
inspector, shall, in each case, be deemed
just and proper. in accordance with the
average number of passengers carried per
trip"
'Of course, you can very well under
stand what the average number of pas
sengers carried per trip will amount to.
the captain explained, sat the rate of
thirteen for weekdays, and a thousand or
two on SUNDAYS"
However. The CALL representative was
Informed that. though it be impossible for
The number of passengers to be regulated
under the statutes, the Southern Pacific
railroad Company has voluntarily added
an aggregate increase of 5000 life preserv-
ers TO the number previously carried by
its several ferry-boats, and the
San Rafael has also put on 400
more. Some Of the boats now carry
one or two have more than 2000. San the
ferry-boats," said Captain Birmingham
have increased their numbers of life
preseryers in excess of that required by
law" He also ventured the prediction
that the season would De over with the
coming week. and the opinion that no
transportation or navigation company
would be guilty of culpabIe neglect in
looking after the safety of its passengers.
Besides, there was no danger of anything
except panic among the passengers-the
ferry-boats were fiat-bottomed and could
not capsize under any circumstances. And
then again the people would crowd them
selves aboard the ferry boats, however
much the ferry-boat owners might desire
to limit the number OF passengers permitted
to board the boats. The tonnage of the
Solano is $3.50. the Ukiah 2566. the Encin al
2014, tie Piedmont 1854. the Newark 1888,
the Oakland 1872 and the Garden City
1880. The owners of the San Rafael have
written 10 CAPTAIN Birmingham that they
propose to build a larger boat for next sea-
son.
Secretary j. j. Keegan of the State
commissioners
the opinion that the State could do moth
ing, except TO provide the ferries with
proper landing and to regulate the carry
ing OF explosives or things dangerous to
human life. He thought it rather singu-
lar that the big steamers running across
the bay and back should be deemed ferry
boats" in the meaning of the statute, and
he supposed, for the sake of uniformity,
that the same construction as Captain Ber-
miDgham and General Dumont gave would
cover the steamers running between points
on Puget Sound. Mr.. Keegan did not ex-
press himself as heartily in accord with
the ways of the Federal authorities.
Clerk john A. Russell of the Board of
Supervisors was called upon to ascertain
whether the Federal and State authorities
being pOwerless the city and county au-
thorities could successfully cope with the
matter Mr.. Russell went into a hard
stndy for few moments and then replied,
Yes
He got copy of the consolidation act
and one of the constitution, but gave a
qualified opinion. by putting the right of
the city and county to regulate occupations
and practices dangerous to public safety
under the onsolidat!On act Supplement
XI-approved April %, 1863 along with
the constitutional provision allowing "any
county, city, town or township to make
and enforce within its limits all such local,
police. sanitary and other regulations as
are not in conflict with general laws"
IF there is no general law that would
be conficted WITH" said he, Il think the
city and county have right to legislate
and regulate this matter. OF course, the
Board of Supervisors would go about it
in diligently. They would appoint COM
mttee to inquire into the number
of passengers carried and the ca
pacity of the boats, and then if
it were ascertained that the overcrowdiDg
of the ferry-boats was dangerous to public
safety, an ordinance could be passed for
bidding the steamers from either taking
aboard at the landings in this unity or to
land within the county limits a great
er number of passengers than was deemed
safe. In the enforcement of such an or
dinance the matter would probably find its
way into the courts, and then we would
get decision that would settle the ques-
ton. Certainly it would be easier to reg
ulate were the points piled between,
within the city and county limits.
"If it be correct that the Board of Super
visors has right to pass an ordinance
having in view the preservation of life, it
Is true that they can regulate anything so
as TO prevent danger to public life"