State ex rel. McDonald v. Courtenay

Citations

• 23 S.C. 180
• 1885 S.C. LEXIS 90

Syllabus

<p>1. The board of pilotage commissioners of Charleston have the power to suspend a pilot and reduce his license, under either section 1266 or section 1267 of the General Statutes, as the facts may warrant, without specifying in their charge the precise section under which they are proceeding.</p> <p>2. In proper cases, pilotage boards are subject to mandamus at the suit of pilots of their appointment removed from office. Mr. Justice McIver not concurring.</p> <p>3. The summons in this case to a pilot to appear before the commissioners of pilotage was sufficient, as it apprised the pilot of the charge against him and of the investigation to be had. And the general finding by the board, of dereliction of duty, was sufficient.</p> <p>4. A majority of the commissioners was sufficient to constitute the board, and it was not necessary that those present and acting should sign the finding. Gen. Stat., $ 1267.</p> <p>5. The board having the power to revoke a pilot’s license, they could suspend him for three months, and reduce his license from that of full branch to twelve-foot branch.</p> <p>6. This board has the power to ascertain and determine the fitness of pilots for their office, but not to punish them for crime. In investigating a charge against a pilot for negligence in grounding a steamship, if he is refused the privilege of being represented by counsel in the cross-examination of witnesses, and in argument, he will not, for such refusal, be entitled to a writ of mandamus to restore him to his office from which he has been removed on account of such negligence.</p>