214 Mass. 10 | Mass. | 1913
This is a complaint for violation of the boiler inspection laws of this Commonwealth. The material portions of St. 1907, c. 465, as amended by St. 1909, c. 393, § 1, are: “All steam boilers and their appurtenances, except . . . boilers under the jurisdiction of the United States, shall be thoroughly inspected internally and externally at intervals of not over one year. . . . No certificate of inspection shall be granted on any boiler installed after May first, nineteen hundred and eight, which does not conform to the rules formulated by the board of boiler rules.” The facts are that the defendant in 1911 was constructing a breakwater at Provincetown, whither it transported stone on a barge or lighter known as “No. 43” from Rockport, both places being within the territorial limits of Massachusetts. The barge or lighter was loaded with stone at dock in Rockport, and then was towed in as straight a course as navigation would permit across the high seas to the harbor of Provincetown, where it was unloaded. “No. 43” was built at Baltimore, in the State of Maryland, in 1910. Her tonnage was three hundred and thirty net tons. Her dimensions were, length one hundred and fifteen feet over all, ninety-one feet over bottom and width thirty-five feet with two bulkheads extending its entire length, both ends being square and shaped alike, but not vertical, and the bottom being flat. She had no sails nor means of self-propulsion nor rudder, and
Numerous requests for instructions were presented by the defendant. As we understand the exceptions, the judge
The first question relates to the correctness of this ruling. “Jurisdiction,” like many other words in general use, has different meanings, dependent upon the connection in which it is found and the subject matter to which it is directed. But it is always a word of comprehensive import. It cannot be assumed that the Legislature employed it in the sense of territorial limits. It must refer to a situation over which concurrent legislative power of both a State and the United States might be supposed to exist under our system of government. As applied to a sovereign, either State or nation, jurisdiction signifies the authority to make and declare the law, the right to apply the law to the acts of persons, and the power to enforce the law under all circumstances. Commonwealth v. Manchester, 152 Mass. 230, 246. Wedding v. Meyler, 192 U. S. 573, 584. Nielsen v. Oregon, 212 U. S. 315, 320. This broad definition, however, requires further limitation and speci
The character of this legislation, its humane objects and its comprehensive phrase, in the light of these well recognized and ample boundaries within which the State may exercise its power, forbid a narrow construction of the operative language of the statute. The matter of boiler inspection is one affecting the safety of large numbers of people and considerable amounts of property. It is of vital concern, directly or indirectly, to very many persons. The legislation is general in character, and is designed to operate widely. These considerations, in view of the principles of constitutional law which have been adverted to, lead to the conclusion that “jurisdiction of the United States” in the connection now being considered means the exclusive authority of the United States or its authority actually asserted to apply its controlling law to the subject. More specifically stated- “boilers under the jurisdiction of the United States,” as these words are used in the exceptions of the statute, does not mean those over which the United States by putting forth all the powers granted to it might
The next step is to inquire whether the boiler in question was under the jurisdiction of the United States as thus defined. The inspection of boilers upon craft like “No. 43,” used not for navigation or propulsion but for hoisting alone, is not exclusively national in character, relating wholly to the external concerns of the country, so that jurisdiction is vested solely in the federal government. Undoubtedly, “No. 43” is a “vessel” as defined in U. S. Rev. Sts. § 3: “The word ‘vessel’ includes every description of water craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” It thus may be within the admiralty jurisdiction of the United States, if that aspect of its character be involved. The Robert W. Parsons, 191 U. S. 17, 30. But this is not decisive against a State statute general in its scope, and otherwise valid, even though it may occasionally and temporarily interrupt the use of the vessel in domestic or foreign commerce. Martin v. West, 222 U. S. 191, 198. That the vessel was enrolled and licensed under the laws of the United States did not remove it necessarily from the police power of the State. Anderson v. Pacific Coast Steamship Co. 225 U. S. 187.
It remains to ascertain whether the United States has assumed jurisdiction over the inspection of such boilers as that now under consideration.. Being used exclusively upon tide water and having thus a possible direct relation to coastwise and foreign commerce upon the high seas, plainly the entire subject might be regulated by the United States. See Wisconsin v. Duluth, 96 U. S. 379, 387. By 35 U. S. Sts. at Large, 428, c. 212, approved May 28, 1908, it was enacted by § 10 “That on and after January first, nineteen hundred and nine, the local inspectors of steamboats shall at least once in every year inspect the hull and equipment of every sea-going barge of one hundred gross tons or over, and shall satisfy themselves that such barge is of a structure suitable for the service in which she is to be employed, has suitable accommodations for the crew, and is in a condition to warrant the belief that she may be used in navigation with safety to life.”
It has been argued that “No. 43” is a “freight boat” within U. S. Rev. Sts. § 4427. But the terms of this section, its general purpose and context, and other sections of its Title LII, as well as 35 U. S. Sts. at Large, 428, c. 212, indicate that it applies only to vessels propelled in whole or in part by steam (U. S. Rev. Sts. § 4399) and has no relation to a craft like this.
The trial judge ruled, in substance, that “No. 43” was not and could not be found to be a “sea-going barge.” We are of opinion that this was error. "Barge” is a word of somewhat comprehensive signification, and easily may include a vessel of this description. It is a matter of indifference whether it has any means of self-
The validity of a State statute in reference to the United States Constitution may be attacked from at least three different points.
(1) Because it covers a subject exclusively within the domain of federal government:
(2) Because it relates to a subject which although open to State legislation so long as the federal government has not acted, has been closed to the States by reason of legislation by Congress covering the field:
(3) Because although enacted in pursuance of the police power, a domain reserved generally to the States and denied to the United States government, it infringes some right secured under the Federal Constitution.
The present statute is assailed on all these grounds. But as it has been construed it is not vulnerable on any one of them.
1. The vessel is not subject to the exclusive jurisdiction of the federal government. Engagement in transportation upon tide waters does not make it so. The power granted by the United States Constitution to the federal government is extensive as to navigable waters and vessels engaged thereon in foreign and domestic commerce. Its power to regulate navigation is ample and
2. The statute is interpreted as not applying to boilers over
3. It is urged that because “No. 43 ” was licensed and registered under federal laws, it was thereby removed from subjection to any State law. But this argument is disposed of adversely to the defendant by Anderson v. Pacific Coast Steamship Co. 225 U. S. 187. Finally, it is suggested that the statute as interpreted is an interference with commerce, either interstate or over the high seas. But this objection is not tenable. The statute in question is not aimed exclusively against boilers used, directly or indirectly, in interstate or foreign commerce. It applies in the most general terms to all boilers within the Commonwealth, save those of the excepted classes. It was passed in the exercise of the police power for the protection and safety of persons and property. This is a power which is reserved to the States, and does not exist in the federal government, unless expressly granted to it. Keller v. United States, 213 U. S. 138, and cases cited. A law of this nature is not to be set aside lightly nor disregarded, unless its repugnance to some act of Congress or its interference with a right secured by the United States Constitution is so plain, direct and positive that the two cannot stand together. Sinnot v. Davenport, 22 How. 227, 243. The disaster liable to ensue from the use of boilers which are unsafe is very great. The general purpose of the statute is so humane that it cannot be held to be an imposition upon navigation. It is not within the principle of Harman v. Chicago, 147 U. S. 396, Moran v. New Orleans, 112 U. S. 69, and The Roanoke, 189 U. S. 185, It is obvious that the boiler upon “No. 43” is designed to be operated and used only or chiefly within the territorial limits of some State. The loading, unloading and weighing of anchor of necessity ordinarily must be done only at dock or within one marine league from seashore. Dangers to be averted by inspection of its boilers, if she is not a “sea-going barge” must exist within the territory of the Commonwealth and threaten our citizens or those for whom, directly or indirectly, the State may have some responsibility. General legislation for their protection, even though it may affect commerce on the high seas or interstate
No error is disclosed in the refusal to grant requests for instructions. If on a new trial “No. 43 ” should be found to be a “seagoing barge” as we have defined those words, the defendant will be entitled to an acquittal; if it shall be found to be not a seagoing barge, then the defendant is guilty of the offense charged.
Exceptions sustained.
White, J.