The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-05-21

DC Held Void.
EX-GOVernOr d.. l.. Russell, VINO mas
been retained by certain iutel esta
which are going to contest the validity
OF The act of the legislature, restor-
ing compulsory pilOtage at this port,
recently in response to d letter sent
him by a prominent business man OF
Wilmington gave mis- opinion as fol
lows:
Dear Sir:
The considerations hereinafter set
out are in response to your request
that | shall give an opinion as to the
validity OF the act of assembly re-
storing compulsory pilotage at this
port. The act provides for the ap.
pOintment of a board of navigation
who are to grant pilot licenses. But
this is a mere ministerial act since the
board has no discretion but is re-
CURED to give licenses to all those who
had them at the beginning of 1905 and
is prohibited from granting any other
licenses until the number of such per-
sons shall be reduced to less han
twenty. 1t seems to be generally I'M
derStOod that the whole number daSig-
mated by this act is about forty. No
one IS permitted to apply for license
until the membership of this guild
shall be reduced to less than twenty,
and afterwards it shall not be inCreas-
ed beyond that number
Section 9 of this act authorized Ii
censes to pilot steamers in interstate
trade.
BY section IS this act says: "All
vessels, coastWise or foreign, shall
take a state license" BY the federal
constitution congress under the inter
state and foreign m clause
may regulate pilOtage as to all foreign
and interstate voyages. In the alb
,sence of congressional regulation the
jurisdiction is left with the state..
But when congress legislates its will
1a paramount and binding on the
states to the same extent as if its les
3SIatiOn were written in the cOnStltu-
lion. AS to steam vessels running
Coastwise congress has acted by saying
that pilots of steam vessels shall be
licensed by the board of local u. S.
inspectors CFed. Stat. Ammo Vol. 5,
page $40, Sec. 443S), and that mo state
shall impose upon pilots Of steam YES
sells any obligation to procure a state
or other license in addition to that is
sued by the United States" (Fed. Stat
Ammo. Vol. 5, page $50, Sec. 4444).
The sections above cited of the act
in question are in the very teeth of
the federal law and by sequence of the
steam vessels (probably ninety per
cent of which are in interstate CON-
merce) these sections and indeed the
whole act of the North Carolina as
sembly is clearly void. Assuming that
there is no other sustainable point
against this act as a whole, we have
presented a question that is familiar
to lawyers who are we'll up in the
rules of statutory n constitutional
construction. That question is this:
III oSb OCAAS follu III oohA> 49,
provisions and void in others, is it to
be upheld as to it's good clauses or is
it to fail in toto? The rule of construc-
ton is that where an unconstitutional
clause appears in an act of assembly
the whole act falls unless the courts.
looking at all the tests and at what
would reasonably seem to be the pur-
poses and policy of the legislature,
the reliefs to be given, the mischiefs
to be suppressed, can reasonably sec
and say that the legislature would have
passed the act with the bad part left
out.
1t seems that these state pilots do
not claim to navigate steam vessels
going interstate. But this act under
takes to give them that privilege, and
so is void in part and this infirmity
~ vitiate 1t as a whole.
"ould seem that the VOCATION OF
-essels is performed by GER
nowledge combined with
at it is what may be
rstry" belonging
c individuals,
under the
Mental
such
icine or
bury the
subdue the
} Buy Oh sell,