Anderson v. Pacific Coast Steamship Co.

Citations

• 225 U.S. 187
• 32 S. Ct. 626
• 56 L. Ed. 1047
• 1912 U.S. LEXIS 2079

Syllabus

<p>When the Federal Constitution was adopted each State had its own pilotage regulations.</p> <p>State pilotage laws are regulations of-commerce, but they fall within that class of powers which may be exercised by the States until Congress shall see fit to act.</p> <p>The provisions of former Federal statutes relating to pilotage were incorporated in §§ 4401 and 4444, Rev. Stat., which are still in force.</p> <p>In adopting the Revised Statutes change of arrangement from earlier statutes will not be regarded as altering their scope and purpose; an intent of Congress to change the effect of prior law will not be presumed unless clearly expressed.</p> <p>Distinctions between registered and enrolled vessels and history of statutes relating to state pilotage of registered and coastwise vessels reviewed and held that:</p> <p>Coastwise sea-going vessels sailing under register and having officers with Federal pilot’s licenses are not free from liability for pilotage fees under state laws, by virtue of § 51 of the act of February 28, 1871, 16 Stat. 440, c. 100, as reenacted in §§ 4401 and 4444, Rev. Stat.</p> <p>There are no provisions in Title 52 of the Revised Statutes which may be construed as exempting coastwise sea-going vessels sailing under register, whose officers have Federal pilot’s licenses, from liability for pilotage fees under state laws, under the rule of construction laid down in the last sentence of § 51 of the act of February 28, 1871.</p> <p>Congress did not intend to classify with the coastwise vessels referred to in the last proviso of § 51 of the act of February 28, 1781, as reenacted in § 4444, Rev. Stat., registered steam vessels engaged in commerce with both foreign and domestic ports on the same voyage.</p> <p>The wisdom of establishing Federal rules as to port pilotage for such registered vessels now exempted is a question for Congress to determine.</p> <p>In this case held that American registered steam vessels sailing from San Francisco clearing