The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-04
Full Text Of That Important Doc
umsnt Il Received.
LOCAL soARD NO AUTHORITY.


A copy OF the decision Of Supervising
Inspector John Birmingham. reversing
the decision OF the local board OF steam
boat inspectors In the matter Of the COLI
sion OF the steamers City OF Kingston
and Glenogle. wherein II was declared
that Capt. John II. BRANDON, the pilot
In charge of the Kingston at the time.
forfeited his license for alleged careless
ness and ignorance OF the ordinary rules
Of navigation. has been received In Sc
attic. 1t sets forth the same lines OF
conclusion as have ALREADY been told OF
In me Post-lntelligencer. although more
fully. that the inspectors have no Juris-
diction over licensed pilot when he Is
plying his vocation On registered vessel
1t was for this reason, according to the
decision In the matter Of the steamer
Brixham's disaster last fall. that no ac-
ton was taken with reference to the OFF,
GERS in charge Of that vessel. although
the Inspectors sharply criticised Pilot
Chester. But the latter was on a regis
tered vessel. and nothing could be done
with his nautical rights by the inspectors.
Capt. w. J. Bryant and Engineer c. c.
Cherry. the members Of the inspection
board for this district. refused to discuss
the decision OF Inspector Birmingham
yesterday. I'VE have nothing At all TO
say about It." they both said.
The full text OF Berminsham's docu-
ment follows:
The appeal Of J. H. BRANDON, q licensed
master and pilot, to the supervising In
the United States local board OF inspect
0rs of steam vessels. Seattle, Wash.
district. which local board. May 16, 1899.
unskillfulness in navigating the Ameri-
ton which yes.ef. shils - lis sharss,
wa, sunk Sn 6sycnd rseoyely m GnmInenfs
the British steamer Glenogle, 8 80 gross
tons. few minutes after .. m. April
being given. the appellant. with his at
torney, B. 8. Grosscup, appeared before
me at the office of the local board in
Seattle. Wash. and submitted his case on
appeal on the testimony taken before
the local board, and in addition thereto
l added the testimony of w. H. CASTOR.
witness for the appellant. which added
nothing Of any Importance to the testi-
mony taken before the lower court.
Collector Heustis' Answer.
tainty In the mind as to the form Of docu-
ment under which the City OF Kingston
was being navigated at the time OF the
disaster. Of. once wrote the collector OF
ton on that sipject. s ana .received ne
following response. dated June 10:
Replying to your inquiry o. the 10th
c ssg e Rnssss Su ns ss s
der register. There was Z customs off,
Ger on duty aboard the vessel constantly.
and her register remained on board and
her entrance and clearance.
IF. d. HEUGTIS. Collector"
From which II Is clearly apparent that
the City Of Kingston was sailing under
register. and as such a United States H.
censed pilot could not BE- 1eRilly EN-.
ployed on that vessel Therefore. must
hold in the case Of the appellant. as /
censed master and pilot. on appeal from
decision Of the local board al Seattle.
which revoked the appellants license be-
his % on Dey fns 1 mesc1 under
entrance. British. Columbia, August S.
1891. while being nayigated under regis.
ter Ter; ! then held that the local board
censed pilots on vessels sailing under
register. as was the Mexico, and reversed
It's decision in that case. To substantiate
the decision Of the secretary of the treas
ury. 1907. Treasury Department. volume
l. February Is. 1855. as follows:
Quotes Secretary Of Treasury.
This department Is in receipt OF your
letter OF the 18th instant, calling atten-
tion 70 what you deem an irregularity
on the part of owners and masters Of
American steamers navigating the inland
waters OF Alaska citing In sunDorf ~
your statement the case OF the steamers
Albion and National City which sailed
recently for Dyea. Alaska. via Victoria, h.
Z. wnich steamers. you say, have engaged
thr e,sh n1,of ,r, a, victia tc take them
then TO continue their employment 10
Lynn canal. 20 miles through American
y, which you say yop are Informed
I'm reply. you are informed that n
the steamers named by you cleared for
Dyea: via Victoria. II. c.. the evidently
sailed under register. and therefore could
nos De REQUIRED TO carry United States
while In the United States or foreisn
watefs, steamers sailing under register
being being exempt srom carrying licensed
pilots under the provisions of section
s4oi Revised Statutes of the United
states. which Is quoted for your fnforma.
ton as follows: '"
v.ss Al coastwise, ssa-going vessels and
DE subject TO the navigation laws Of the
s sn.leu states when navigating in the
yu,,sdiction thereof. and all vessels pro-
PEELED In whole or in part b. steam and
navigating as aforesaid shall be subject
70 all the rules and regulations estabiish-
60 IN pursuance of law for the govern
provided by this title; aui every enact
wise. sea going steam vessel subject to
the navigation laws Of the United States
ana TO the rules and regulations afore-
when underway. except on the high seas
De under the control and direction Of
pilots licensed by the inspectors Of steam
boats'"
The Status Of Pflsts.
Also decision ~ the treasury denar,.
ment. isiis. rendered March is, isse az
This department IL in receipt o. vour
iestef OF the sth inst. In which you saw.
referring TO department DECISION dated
the 18th uit-. informing you that steau,
vessels sailing under register were
exempt under section 4t0l Revised
statutes. from carrying United States IL
censed pilots that this department d.d
not seem to quite understand the object
Of my your, communication eliciting the
decision referred to.
In reply you are informed that pilots
OF steam vessels are officers OF such YES
sels In the sense contemplated In section
A<sl Revised Statutes Of the United States.
when employed upon such vessels
a. are required By section l. col az the Re-
vtsed Statutes. TO carry licensed United
States pilots. registered vessels being en-
empt from carrying United States H.
eensed pilots. Pilots employed upon such
vessels would not in law be Officers
thereof. even though such persons were
holding United States hn ortx,