The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-23

lots were read In the meeting Oh lue
Governors council yesterday morning |
The main opinion is by Deputy Attor- |
ney General Cathcart, and he believes
that the Territory has no right to col |
lect such fees from American vessels
plying between Hawaii and American
ports. This opinion is concurred in by
Attorney General Dole in a supplement
tary opinion rendered by him. i
Mr.. Cathcart's opinion in full is as
follows:
Honolulu, II. L., Oct. II, 1900.
Hon. ]. A McCandless, Superintendent
of Public Works
Sir-In reply to your inquiry of yes
terday as to the right of the Territory
to collect pilot charges on certain YES
sells, l would say: That article L of
section of the Constitution of the
United States confers on Congress the
power to regulate pilots and pllotage on
the waters and along the coasts of the
United States. But this power does not
deprive the States of their power to
legislate on the subject, and those State
laws are valid, unless they conflict with
the regulations prescribed by the fed
eral Government
Eighteen Ency. of Law, p. 444 and
cases cited.
The laws of this Territory providing
and regulating the matter of pilotage
are therefore legal and in full force,
except in so far as they, or any part
of them, are contrary to or limited by
some regulation of Congress.
Accordingly, it is necessary to ascer-
tain what provision Congress has made
in reference to the subject matter of
your inquiry, which limits or prohibits
our right to collect pilot charges. An
examination shows that Congress has
only prohibited the levy, by a State or
municipal Government, of pilot dues or
charges in the case of coastwise steam
vessels, which are piloted by pilots Ii
censed by the United States as provided
in title LII of the Revised Statutes of
the United States.
Section 4444, Revised Statutes;
Sprague VS.. Thompson, lis U. s., go.
There is no law of the United States
which annuls or affects any regulation
established by the laws of any State,
requiring vessels entering or leaving a
port in any such State, other than
| coastwise steam vessels, to take pilot
duly licensed or authorized by the laws
of such State.
! In so far as the United States laws
provide, we. therefore, have the right
to collect pilot charges, either full or
| half as the case may be, on all vessels,
whether the same be coasters, so-called,
/ licensed as such, or registered United
States vessels, except coastwiSe steam
vessels, which enter or leave our ports.
The laws of most of the States ex-
empt coastwiSe vessels, whether steam
or sail, from pilot charges when the
services of pilot are not used. But
such laws are the local laws of State
and are not federal laws and so have
no application here.
If our own Territorial laws are suf-
ficent to that end we can collect half
pilot charges on all vessels entering or
leaving our ports, which do not take a
pilot except coaStwiSe steam vessels
and the fact that a vessel is "a United
States vessel, either a licensed coaster
or registered, does not exempt it from
such half pilot charges. provided it is
not coastwise steam vessel.
There is, however, grave doubt in my
mind as to the operation of our Terri
collection of half pilotage is found ir
section 1908 of the Penal Laws, 1897
That section is as follows:
Section 1903. If any foreign vessel
or Hawaiian vessel, engaged in foreign
trade, shall enter or depart from any
of the ports for which pilots may bt
appointed. without pilot such vesse
shall be liable for one-half pilotage"
This law was passed when the Unit
) ed Safes was foreign country At the
present time, it can hardly be said tina
vessels flying the flag of the United
States are foreign" vessels; and, as fo
Hawaiian vessels, there are none tina
: can be so denominated distinctively. O
. course, our right to collect pilot charg
. es depends wholly upon the authorit,
given US by law, and it could we'll ant
probaDly successfully, be argued that a
= the law now stands only vessels which
ny the flag OF some nation other thar
the United States. or vessels of tn
United States engaged in foreign
trade, can be required to pay half pilot
: age.
rms is matter however. which cal
, be left to the Courts to settle. / wouI,
certainly recommend that the mex
Legislature amend the law so as t
leave out the words foreign" and "Ha
Wallan vessels engaged in foreig
trade" Very respectfully,
(Signed: JOHN w. CATHCART.
Deputy Attorney Genera
Following is the opinion rendered b
Attorney General Dole:
Honolulu, H. T., Oct %, 1900.
Hon. }. A. McCandless, Superintendent
: of Public Works
Dear Sir-I regret to say that l ar
compelled to fully concur in Mr.. Cath
: carts opinion of October 18th. relativ
10 the right of the Territory to collec
q nall pilot charges on certain vessels.
dlfIer from Mr.. Cathcart only in thi:
mat where he expresses grave doubt
n OF the right of the Territorial Govern
fnent TO collect half pilotage in the cas-
/. presented to you, and says that tn
y charge could we'll and probably sue
lcess1ully be contested it seems to m
e clear that the charge is illegal. I ar
loath to advise the REIMBURSEMENT of
substantial source of revenue in tn
present financial straits of the locs
Government, but it is my duty to stat
J. the law as / see it.
section 1903 of the Penal Laws of 1875
Y provides: If any foreign vessel. e
hawaiian vessel, engaged in foreig
trade, shall enter or depart from an
OF the ports for which pilots NAV h
appointed, without a pilot, such vess,
shall be liable for one-half pilotage.''
An American vessel is no longer
foreign vessel. The Territory of Ha
= wall is as much part of the Unite
, States as California is.
1t may be, in view of annexation an
> the Organic Act that courts woul
construe the word Hawaiian in sectio