New-York tribune., 1909-09-25
FULTON HAD MONOPOLY
FOUGHT IN COURTS.
Commodore VandcrbM Vas a Party
to Famous Steamboat Suit.

the Legislature gave 10 Robert fullon anu
Chancellor Livingston, led to prolonged and
costly lawsuits and controversies between tn
states of New York and New Jersey Daniel
Webster the lawyer who used his eloquence
and logic to convince the United States Su-
preme Court that the Fulton Livingston char
ter was unconstitutional one of the parties to
the suit was Commodore Cornelius Vanderbilt
Futons success with the CIermont led to
competition, especially by various residents Of
the State of New Jersey who found their ac-
tvties, especially in and around New York
Harbor and the North River. seriously ham
pered by Fulton's monopoly. II vital for
the prosperity of these rival steamboats, that
they touch at docks in New York A. soon as
they did so they became subject to injunctions
sued out by Fulton and Livingston, who claimed
infringements on their charter. The unlicensed
Jersey steamboats, We're all right So long as they
piled Jersey waters but the minute they crossed
the lire between the states they became subject
90 New York laws
So steadfastly did the New York courts up
hold the Fulton charter that gradually comrc;i-
tion killed of, except from the steamboat
BelloIa. OF which Commodure Vanderbilt was
the master. New Jersey took the attitude that
for purposes OF Interstate commerce tn. gov
ernment had control Of state waters, and that
no statute could be invoked 10 prevent a steam
boat from New Jersey or any other STATE from
tying W to the New York wharf
But the New York courts kept issuing in
functions and tying up unlicensed steamboats,
until the legislators Of New Jersey got good
and mad and enacted retaatory measures,
among which was a law holding that a citizen
Of New York. acting under any injunction issued
by court in that state, could be held account
able for damages sustained by New Jersey citi-
owning property seized in pursuance OF
New York State injunction.
VANDERBILT IN SUIT.
Thomas Gibbons owned the steamboat Bel
Iona, of which Commodore Vanderbilt com
mander. After the ReIlona had been compelled
TO lie idle by a New York injunction Gibbons
sued in trespass in New Jersey and tried to coll
lect damages
Commodore Vanderbilt swore that Gibbons
was the Of the I3cllona and that she was
and always had been a coasting vessel, regu-
larry enrolled ana licensed under the laws Of the
United States
lie said that the New York injunction was
served on him, he being the master of the Bel
Iona, in June, 1919, while he was on board the
boat and she lying at Staten Island An
other injunction was served on him, Vanderbilt
swOre, in New York in March. 1920 About
April 5, 1920, Vanderbilt called on John r. I.iv-
ingston and demanded to know what he intended
20 do with respect 10 the injunction and that
"the said Livingston declined to answer" Van
deTbilt showed that he was prevented from
ming the Bellona by means of the injunction for
three days, and that the owner suffered great
damages.
Chief Justice Kirkpatrick writing the opinion
OF the court, declined TO take up the constitu-
tionality Of the statute Of New Jersey and held
that while it was generally true that a citizen
pf New York acting within that state and under
Is judicial authority could be called in ques-
Hon for such act in another state, yet in this
case he may be-" showing clearly there was a
considerable stretch of judicial power in order
q defeat New YoTk's monopoly of the waters.
CHE New Jersey statute in after years de-
'lared unconstitutional and the New York acts
Sere repealed.
TO THE SUPREME COURT
The final wrestling of the monopoly OF the
waters Of the State of New York from Robert r
Livingston and Robert Fulton, however, was ac-
complished by the United States Supreme Court
after a battle lasting two years The case is one
Of the most celebrated of the Supreme Court de-
cisiOns settling as il did for all time the right Of
the federal government TO control the commerce
OF the United States as between states.
The case was carried TO the highest court of
the land by Gibbons after the Court for the Trial
of Impeachments and Correction Of Errors of
the state OF New York had upheld LivinCston's
monopoly and issued a perpetual injunction
against Glbbons's steamboat entering the har-
Dor Of New York, and had proclaimed the law
TO be that no boat propelled by fire or steam"
could enter the waters of New York State with
out first obtaining from Fulton and Livingston
license TO do
In 1901 the Supreme Court OF the limited