In accordance with the provisions of section 6 of the act of March 3, 1891, entitled "An act to establish circuit courts of appeals, and for other purposes," the foregoing questions of law are by the circuit court of appeals for the second circuit hereby certified to the Supreme Court.

Stated this 17th day of December, 1900.

W. J. WALLACE,

E. HENRY LACOMBE,
N. SHIPMAN.

Judges of the Circuit Court of Appeals

for the Second Circuit.

A decree dismissing the libel in the above-entitled action having been made in the circuit court of the United States for the southern district of New York, and an appeal having been taken therefrom to the circuit court of appeals for the second circuit, and the cause having come on for final hearing, certain questions of law arose concerning which the said court of appeals desires the instruction of the Supreme Court of the United States for its proper decision. Generally speaking, these facts out of which the questions arose are as follows:

The action was brought by libellant to recover spoken pilotage amounting to the sum of $74.34. The respondent denied the right to such recovery.

Libellant, on the 25th of June, 1900, offered his services as Sandy Hook pilot to the master of the American-built steamship Ponce, hailing from New York and belonging to the New York and Porto Rico Steamship Company, a New York corporation, to take said vessel into the harbor of New York by way of Sandy Hook, the said vessel being at said time bound from the port of San Juan, in the island of Porto Rico.

The said libellant was a Sandy Hook pilot, duly licensed under the laws of the State of New York and competent to act as such. He was the first and only pilot offering his services, but the master of the vessel declined the services of such pilot, and himself brought his vessel into the port of New York by way of Sandy Hook. The aforesaid amount is the regular pilotage prescribed by statute for vessels of the draft of the Ponce, and said amount was demanded of the owner of the vessel, and payment thereof refused.

Said steamship Ponce was at the time enrolled under the laws of the United States and licensed to be employed in carrying on a coasting trade, and her master was duly licensed to act as pilot in the bay and harbor of New York, under the laws of the United States. Said vessel at the time mentioned was engaged in trade between the island of Porto Rico and the port of New York, and ladened with a cargo of merchandise shipped at San Juan, including sugar, for delivery at New York. Said vessel at the time mentioned was not a registered vessel and was sailing under a license, as aforesaid.

On these facts, and in view of the certificate of the said circuit court of appeals, the libellant, appellant, Christian Huus, by his counsel. William Lindsay, comes and moves the court to advance this cause to be heard on the 7th day of January, 1901, with the other causes set for that day involving the relations of Porto Rico to and with the United States.

WILLIAM LINDSAY,
Of Counsel for Appellant.

IN THE SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1900.

No. 514.

CHRISTIAN HUUS, LIBELLANT, APPELLANT, VS. NEW YORK AND PORTO RICO STEAMSHIP COMPANY, RESPONDENT, APPELLEE.

BRIEF FOR LIBELLANT, APPELLANT.

This case comes to this court on certificate by the judges of the United States circuit court of appeals for the second district. The action was brought by the libellant to recover spoken pilotage, the master of the vessel having declined to take a pilot and having personally brought his vessel into the harbor of New York.

The vessel was a steamship bound inward from San Juan, in the island of Porto Rico.

The case was submitted to the district court on an agreed statement of facts. It was contended on the part of the libellant that the vessel in question was subject to pilotage charges under the statutes of the State of New York, while the respondent claimed exemption therefrom on the ground that Porto Rican ports had ceased to be foreign ports, and that by an act of Congress of April 12, 1900, the trade between Porto Rican ports and ports of the United States has been made coastwise trade, and that in consequence thereof said vessel was expressly exempt from pilotage charges under the statutes of the State of New York.

The questions submitted to this court are:

"1. Since the proclamation of the treaty of peace between the United States and the Kingdom of Spain and the passage of the act of Congress entitled An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes' (approved April 12, 1900), do Porto Rican ports remain foreign ports in the sense in which those words are used in the statutes of the State of New York regulating pilotage?

"2. Are vessels engaged in trade between Porto Rican ports and ports of the United States engaged in the coasting trade in the sense in which those words are used in the statutes of the State of New York regulating pilotage!

"3. Are steam vessels engaged in trade between Porto Rican ports and ports of the United States coastwise steam vessels in the sense in which those words are used in section 4444 of the Revised Statutes of the United States?"

UNITED STATES STATUTES AFFECTING THE QUESTIONS AT ISSUE.

U. S. R. S., sec. 4235: "Until further provision is made by Congress all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States respectively wherein such pilots may be, or with such laws as the States may respectively hereafter enact for the purpose."

U. S. R. S., sec. 4401: "All coastwise sea-going vessels, and vessels navigating the Great Lakes, shall be subject to the navigation laws of the United States, when navigating within the jurisdiction thereof; and all vessels propelled in whole or in part by steam, and navigating as aforesaid, shall be subject to all the rules and regulations established in pursuance of law for the government of steam vessels in passing, as provided by this title; and every coast wise sea-going steam vessel subject to the navigation laws of the United States, and to the rules and regulations aforesaid, not sailing under register, shall, when under way, except on the high seas, be under the control and direction of pilots licensed by the inspectors of steamboats."

U. S. R. S., sec. 4444: "No State or municipal government shall impose upon pilots of steam vessels any obligation to procure a or other license in addition to that issued by the United States, or any other regulation which will impede such pilots in the performance of the duties required by this title; nor shall any pilot charges be levied by any such authority upon any steamer piloted as provided by this title; and in no case shall the fees charged for the pilotage of any steam vessel exceed the customary or legally established rates in the State where the same is performed. Nothing in this title shall be construed to annul or affect any regulation established by the laws of any State requiring vessels entering or leaving a port in any such State, other than coastwise steam vessels, to take a pilot duly licensed or authorized by the laws of such State, or of a State situate upon the waters of such State."

EXTRACTS FROM THE STATUTES OF THE STATE OF NEW YORK REGULATING PILOTAGE SO FAR AS THE SAME AFFECT THE ACTIONS HEREIN.

Section 2119 of the New York consolidation act provides as follows: "No maste of any vessel navigated under a coasting license and employed in the coasting trade by the way of Sandy Hook shall be required to employ licensed pilot when entering or departing from the harbor of New York; but this provision shall not be construed to alter the legal rate of compensation of any pilot who may be so employed; but in case the service of a pilot shall have been given. the pilot shall be entitled to the rates established by this title. If the master of any vessel above one hundred and fifty and not exceeding three hundred tons burden, and owned by a citizen of the United States and sailing under a coasting license to or from the port of New York, by the way of Sandy Hook, shall be desirous of piloting his own vessel, he shall first obtain a license for such purpose from the commissioners of pilots, who are hereby authorized and required to grant the same, if such master shall, after an examination had by said commissioners, be deemed competent; which said license shall be and continue in force one year from the