Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-02-12
THE MARYLAND PILOT LAW.
Interesting Case Involving the Con-
structiOn of the New Statute.

struction of the New Statute.
The United States Circuit Court Of APP
peals was in session all day yesterday.
Mr.. Chief-Justice Fuller left for Wash
ington on Wednesday night, and in his
absence Judges Goff, Simonton. and Braw-
ley presided. The first case called was
No. POP on the docket-F'red. 1. Clayton,
agent of the bark Edmund Phinney, APP
reliant VS.. John s. Hebb appellee. III
was an appeal from the District OF Mary
land, and is particularly interesting, as IL
was intended to be test case to measure
the extent of the exemption from piota5e
under the amended pilot law of Maryland
1886. chapter 40 OF vessel laden in
whole OF in part with coke or coal, mined
in the United States" when such vessel
carried but a small amount of coal, or
incOnsiderab BILE commercial value, ana
with the intent to eyade the payment OF
pilotage The amended statute deferred
to provides that all masters of Vessels
sailing under register bound to and from
Baltimore city, except vessels employed
I'm and licensed for the coasting trade, ana
American vessels laden either IN whole OF
i'm part with coke or coal mined IN the
United States, shall take licensed pllot,
or in case of refusal TO take such pilot
shall themselves, their owners, or as
sirnee. pay the said pilotage as If one
had been employed, and such pllotase
shall be paid to the pilot first speaking or
offering his services as pilot to such YES
sci before Cape Henry bears south if IN
ward bound"
In this case q vessel Of 657 tons was
chartered to take a full and complete
cargo of spruce lumber to South America,
but the owners reserved the privilege OF
putting some coal on board as part OF her
ballast. They bought twenty-five tons at
a cost Of $50 and put IL IN the hold as
ballast The piiotage fees amount TO
$50. so. 1.-THE agent Of the owners con-
fesses," Judge Morris says in his opinion
that the incidental advantage OF eS-
GAPING pilotage was a motive, but slh'es
that he had also the wish TO try the mar
lxet for coal at the vessels port Of dis
charge, never having before made snip
ment there. Obviously the owners could
not lose. for they would be gamers, even
II they had to throw the coal overheard.
/ think TO be entitled to exemption the
Tudee continues, "the vessels cargo must,
in some substantial proportion, consist OF
coal or coke and that this vessel was not
in part laden with coal, in any falr conf
mercial sense. 1t is not sufhcieht, in my
opinion. to entitle the vessel 10 eSemp-
ton II the quantity is of no commercial
value as a shipment"
The case was argued and submitted.
RAILROAD CASE HEARD.
Al the afternoon session the case OF
T. I Kimban and Henry Fink, receivers
Norfolk and Western Railroad Company
riaintiffs in error, VS.. w. II. Palmer ue-
fendant in error-in error TO the circuit
Court western District Of Virginia-was
orqnod nv r. II. Page and A. fu.kerson,
Cor rlaintiffs i'm error, and by }, w. Read
GA r. Bailey for the defendant IN
error and submitted. The DEFENDANT an
error was a passenger upon Helsn'
train Of the railroad of plaintins IN error
bv reason Of being shipper OF Cal 49, 80
Of noultry. which was in said train. the ue-
Soiaa,t in error accompanied the carload
Of noultry for the purpose Of feeding ana
tending the same When the tram III
crestion got within about four miles OF
- Shenandoah Junction, which was ABOUT
davhreak the conductor aroused the ue-
PENDANT in error and I'VE or SIX o.hei
rhi,nere who were In the caboose, telllns
tbem 10 get up and get to their cars. De
fendant i'm error was not thoroughiy
awakened and dropped back 10 steep
AGAIN. A second time the conouct .o
awakened him and told him he had Delt.l
get ND and 20 10 MS euA Va ~
ioft The defendant in error, IL appear p
An conpany with other shippers. went gu.
mon the platform OF the caboose. wheh II
Was near the point 10 be detachep; anu
while the train was moving very sio"ly
attempted TO go TO his car by gong up
ne adjoining box-car by means OF iau-
der afiixed TO the end Of said car. Dut as
be uyas in the act Of climbing UP the iauue,
re slaek Of the train was suddenly anu
Sitbo,t warning and in most violent
,conner taken up. and the defendant We
oaugbt and mashed by the hood OF the
ooboose striking him In the back or hips'
Judgment was rendered IN FAVOR VI ue
fondant in error for $1,000.
LOWER COURT AFFIRMED.
No $50 ]. Kemp Bartlett, appellant, W.
! r. Ambrose ct ais appellee Appear rom
ne circuit Court of West Virginia. Opin-
W. nv Judge Simonton. Affirmed WIN
80. without prejudice to the right OF
the appellant TO bring such action at Ia"
~ ne NAV be advised.
Ntessrs. George Stewart Brown, OF baiu-
80 Nd: A. T. Bailey. A. Fulkerson'
I'D + w. Read, Of Bristol, Tenn were
a. as attorneys of this court.
The Alarm of Fire Last Night.
An alarm OF fire from Box 4S. corner OF
r--'.l,,s,~ninth and Grace streets, last
a...4o oaIiol The dQD2Ttment 10