The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-07-15
MAY SLEEP ON The SHIPS.
The Ordinance Against II Declared
Unconstitutional.


History of the Ordinance and How
1t Came to Be Passed--The Port So
ciety Urged 1.-THE Case to Be Re-
ferred to the City Attorney.
The shipmasters won their fight against
the city ordinance requiring the crews of
all vessels in port from June l 10 Nov.
to sleep ashore. Recorder Wilson de-
cided yesterday morning that in the light
of the evidence introduced before him,
the ordinance is unconstitutional. The
shipmasters are jubilant over their VIC
tory, as the cost to them of obeying the
ordinance amounted on an average to $50
for every trip here.
The history of the ordinance and the
fight against it by the shipmasters have
already been given in the MORNING News.
The shipmasters who were docketed for
Noncompliance with the ordinance were,
Capt. Norburg of the schooner John @.
Schmidt, Capt. Strong Of the schooner
Phineas & Sprague and Capt Mcneil OF
the British bark Ira Barclay. Capt. Nc
Neill is an American. The whole fight
was made by the American shipmasters,
a number of them joining in to bear the
expenses. Paul E. Seabrook, ESQ, repre-
sented the shipmasters.
The case of Capt. Mcneil of the Bar
clay was the only one tried. The defense
admitted that the crew of the Barclay
had been allowed to sleep aboard the yes
sci, contrary to the ordinance, but con-
tended that there was no danger to the
health Of the men in so doing. The de-
PENDANT argued that it was his personal
right to provide quarters for mis- men
wherever he desired SO long as the public
health was not endangered.
NOT A SANITARY MEASURE.
Several witnesses were put up by the
defense 10 prove that there was no dan
ger to health in sleeping on the river at
this season of the year DIR. j. @. Keller,
who does an extensive practice among the
shipping men, testified that he did not
consider it dangerous to the health for
the men to sleep on the river at this
season.
MIR. Merritt w. Dixon, who has had
large experience with the shipping inter
ests, testified to the same effect as DR.
Keller. MIR. Dixon pointed out that such
an ordinance is liable to do great injury
to the shipping interests by imposing an
unnecessary tax upon vessels coming to
the port.
Health Officer Drummer. who was in
court, was called upon by the recorder for
information as to the ordinance. DR.
Drummer said the ordinance formerly re-
CURED ships crews TO sleep ashore dur
ing the months of August, September and
October. Recently it was amended by
council extending the time so as to include
June and July during the time which the
crews are required to sleep ashore Dr.
Drummer said the change in the ordinance
was not recommended by the sanitary
board, nor had the matter been passed
upon by the board. Consequently he could
not say that the change was made upon
sanitary grounds. He did not say if he
considered there was any danger to the
public health in allowing the men to sleep
on the river at this season.
DECLARED UNCONSTITUTIONAL.
Recorder Wilson decided that there was
no evidence to show that the public
health was endangered by allowing the
sailors to sleep aboard their vessels. He
discharged the captains on the ground
that the law is unconstitutional He also
made the point that the law deprived the
men Of their personal liberty in specify
ing whore they should or should not sleep,
and further that it is defective in that
the inhibition applies only to the crews of
vessels and does not prohibit other par
! ties not members of the crew from sleep
| ing aboard the vessels.
EX-Alderman Dixon gave a MORNING.
| NEWS reporter some points on the ordi-
nance after the adjournment of the court
An ordinance prohibiting the crews of
vessels from sleeping aboard their yes
| sells during the months of August and
| September, he said, was on the statute
| books for number of years The ship
| ping men believed the ordinance uncon-
| stitutional, Mr.. Dixon said, but as it was
| admitted that August and Septem Der
! were the months of the year when mala-
ria is most prevalent on account of the
! amount of decaying vegetation, and also
! because 1t was then believed by promi-
nent medical authorities that yellow fever
might be produced by the same condi-
! tions which produce malarial fever of a
! high type, the shipping men waived their
| objections on constitutional grounds, and
complied with the ordinance. fight
was made on the ordinance in 1887, how
! ever, and it was repealed.
PRECAUTIONARY ORDINANCE.
mo other ordinance was enacted upon
the subject" said Mr.. Dixon, until last
| fall, when on account of some reports of
cases of yellow fever appearing on vessels
after leaving this port, which, by the
way, were afterward proved to be
malarial fever, Alderman Myers, acting
/ Tor the sanitary board | suppose, reported
! to council an ordinance prohibiting the
| sleeping of crews of vessels aboard their
vessels during the months of August, Sep
| TENDER and October, the idea being that
| these cases of malalial fever which the
! young doctors III Philadelphia pronounced
! to be yellow fever originated from
! the men sleeping aboard their YES
! sells on the river. l opposed the
| ordinance at the time in council, but it
was passed over my objections While
| this ordinance was Objectionable it would
have been complied with by the shipping
men, because the months named are ad-
mltted to be malarial months. One reason
which | gave for opposing the ordinance,
was that while it had once been believed
that yellow fever might originate under
! the same conditions as malaral fever of
a high type, that it was now known that
! yellow fever did not originate in this lati-
! tude, but was brought here from lower
! ATTITUDES, and this being the case, | did
| not think we ought to regulate our ordi-
nances because of the ignorance of q few
! young doctors at northern ports, who
knew nothing about yellow fever"
REQUESTED BY THE PORT SOCIETY.
! Several weeks ago meeting Of council
was held, said MIR Dixon, at which an
| ordinance was introduced by the request
/ Of the Savannah Port Society, an organ
| ization which provides rooms for sailors.
! amending the ordinance, extending it to
! include the months Of June and july. two
! of the healthiest months of the wear, with
! us. The ordinance was rushed through
! at that meeting without giving the SAM.
! 10. 81.