Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1901-01-18
TIE PILOTAGE QUESTION
a CASE Of GREAT IuPoRrAxcn
BEFORE Us. SUPREME COURT.
rhc Coart Hears the Censensien ef
Counsel that a fs Competent for
the United states Government 60
Lay . Tsr,H ON oenmeres Beswses
the United states and Their rnsu.
lar Pessessiops.

49, ~ A"SW OIh ana EOEIO hlS0
steamship Company and Senator Lind
say continued the argument begun by
him on Friday. The action involves the
question OF piiotage. the owner OF the
steamship claiming exemption on the
ground that Porto Rican ports had
ceased to be foreign.
senator Lindsay said; Should IL be
decided that Porto Rican ports are not
foreign ports in the ordinary sense OF
the word. it would be q violent con-
struction to interpret the language of
the statute of the state of New York.
passed In 1884. so as to exempt from
pilotage vessels from a land then for
eign but since brought under the do
minion or the United States IL Is a
fundamental rule OF construction that
laws are to be construed as OF the TINA
OF their enactment.
And II would not be reasonable to
assume that the legislature of the State
proposed to exempt from pilotage yes-
sells belonging to after acquired and Tar
distant territory OF the United States
senator Lindsay quoted from decis-
IONS OF the court to establish his con-
tention that the term foreign port
could be used In it's broadest sense and
that In early acts the trade between the
Atlantic and Pacific coasts was so con-
sidered as between foreign ports.
, Also that the Treasury Department
did consider port foreign unless the
clearance of the vessel coming TO this
country was given by an officer I'm a
custom collection district established
oy congress and exercising his func-
tons under the laws OF the United
states. San Juan. he argued. was never
MADE domestic. port OF the United
states and must be considered a foreign
port until Congress includes IL in one
OF the collection districts or the United
States. Vessels trading between New
York and PORE Rican ports were not
in the coasting trade.
1t was further argued that Congress
did not intend to make the trade coast
ing trade. None OF the provisions OF the
act 10 govern Porto Rico, Mr.. Lindsay
urged, controlled or mentioned pilotage
senator Lindsay referred to the de-
cision just rendered by the court In the
Medley case. He argued that thnt de-
cision establishes two propositions in
support OF the governments contention.
which apply 10 the pilotage case The
nrst or these was that the Government
OF the United States may occupy and
exercise control over a country over
which its sovereignty extends In time
Oh peace without necessarily extendins
the Constitution Of the Unlted E}atas
To that country or its people. and the
second that the grant of iaeisIatiys
power TO Congress includes the noyra,
10 leglslaie Tor any people over wLirh
sovereignty is extended, V""
senator Lindsay was follower nv r
hingsoHry Curtis for the steamshiu
company who contended that the YES
sci upon which piiotage WAS demanded
was exempt on the around that Porto
RicSn ports had ceased 10 be forei~n
end that by the act OF April ~. Isoo
the trade between Porto Rico ana this
United states has been made coast
wise. the court authorized Charles A
Gardiner to file a brief in the pending
Porto Rico and Philippine cases in be-
naif or the Tobacco Growers Assac;a-
ton OF New England The brief sus-
tains the Governments contention that
is entirely competent for the United
states to lay tariff on commerce. be-
tween the United States ana their in
sular possessions.
When the hearing had been COM
pieted In the other cases involving the
connection OF the United States wifi,
their insular possessions the case Of
George w. Crossman. ct al. appellants.
VS.. the United States was called
Inc case ~ one covering the entry
or goods from Hawaii, consisting OF
whiskey. brandy and jam, at the Gus
tom house at New York April 26 1900
-%*A ~ tAat OAAls I1dWAIal case In the
list Duty was assessed under the pro.
visions OF the Dingley law. The I'm
porter protested against the collection
or duty on the ground that the Ha-
waiian islands were a part of the
United States that the provision FOR.
the annexation resolution which con.
tinued the customs laws OF the repub-
lie or Hawaii in force until Congress
should legislate. was unconstitutional
Appeal was taken to the Board or Gen
erai Appraisers, to the United States
Circuit Court and the Supreme Court.
Mr.. Wickham Smith for the appellants
laid down the following general pTopo.
!. At the time or the Importation of
these goods the Hawaiian islands. hay,
Ing been by the action of Congress an.
proved by the President aausfs4
part Of ths ssssi1"'- ., ,sa T,a as q
= ~ .~le not foreign country
within any sense of that term, and
certainly not within the sense OF that
term as used in the enacting clause OF
the Dingley tariff act.
2. The action OF Congress In prcvid.
Ing In the joint resolution OF annexation
that the customs relations OF the Ha-
waiian Islands with the United States
and with other countries should re.
main unchanged until Congress should
AuIlHeT leBiStdlc Oh the subject, WAS z
violation OF the provision of the Con-
stitution that "an duties. imposts and
excuses shall be uniform Throughout.
the United States" .5liT
8. AS such joint resolution provided
for the collection at the ports of the
| Hawaiian islands of duties upon sr.
! ticles sent thither from other ports oil
the United States. this was, in effect
violation OF the provision OF Section
OF the Constitution that mo tax or
duty snail be laid on articles exported
| from any State
Counsel argued that this case was no,
! like others before the court recently fos
the reason that there was no question
involved as to the force or effect OF q
treaty. the government of the repuhiid
OF Hawaii having ceded its sovereignty
| TO the United States, which cession the
| Congress ratified. There Is no question
/ Of military government. The Ian.
| guage or the annexation act provides
that the islands were annexed "as q
part of the territory of the United
1 States =
(, Mr.. Smith argued that In four ont OF
U 0Ve places where the Unrda TTnffas