Public-domain · open source
OpenJurist

28 F. 384

The Abercorn

United States Circuit Court for the District of Oregon · decided 1886-08-23

<p>Pilots — Columbia River — Right op Master to Choose Pilot.</p> <p>The Columbia river is the boundary between two states, Oregon and "Washington, within the purpose and spirit of section 4236 of the Revised Statutes; and therefore the state of Oregon cannot require a vessel bound in or out of said river to take an Oregon pilot, or pay him half or any pilotage, if the master thereof prefers to and does take a Washington pilot. The Abercorn, 26 Fed. Rep. 877, affirmed.</p>

2 counsel of record

Relies on The Abercorn

Good law ✅— No negative treatment on recordhow we know

Decided 1886-08-23

How this case has been cited

Cited by 5 later decisions — most recently January 1994

2 federal appellate · 1 district ·

30188618901900191019201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Pilots — Columbia River — Right op Master to Choose Pilot.

¶2The Columbia river is the boundary between two states, Oregon and "Washington, within the purpose and spirit of section 4236 of the Revised Statutes; and therefore the state of Oregon cannot require a vessel bound in or out of said river to take an Oregon pilot, or pay him half or any pilotage, if the master thereof prefers to and does take a Washington pilot. The Abercorn, 26 Fed. Rep. 877, affirmed.

¶3Appeal in Admiralty. Suit for half pilotage.

¶4Raleigh Stott', for libelant.

¶5Henry Ach, for respondent.

¶6Sawyer, J.

¶7I think the view taken by the district judge is correct. I cannot add anything of importance to the observations made by him at the hearing below. In the language of the syllabus of the case, as reported in 26 Fed. Rep. 877, it was there held that “the Columbia river is the boundary between two states, — Oregon and Washington, — within the purpose and spirit of section 4236 of the Revised Statutes; and therefore the state of Oregon cannot require a vessel bound in or out of said river to take an Oregon pilot, or pay him half or any pilotage, if the master thereof prefers to and does take a Washington pilot.”

¶8For the reasons given in the opinion of the district judge, the decree must be affirmed; and it is so ordered.

/28/f1d/384 · .json · Public domain