Page:Federal Reporter, 1st Series, Volume 1.djvu/144

136 FEDERAL REPORTER. �If this paper is constrned strictl}', like a license to enter upon the land of another, the part which grants the license grants it only to Hedge as master. It would seem, however, from the appearance of the paper that it is a form of Hcense for a master, having no space to add "and pilot,"' and froin the fact being certified that Hedge can be entrufied to aet as pilot within certain defined limits, and from the stipulation of the parties, I have no douht it was intended, and in constru- ing such an instrument as this I may hold that the iatent is su£&ciently expressed, that the master is licensed to act in the double capacity of master and pilot. Otherwise, the examination of evidence conccrning his sldll and competency as a pilot, and the judgment carefnlly written into the docu- ment that his evidence proves his qualifications so to act, are senseless and void. �It is admitted that the inspectors of steamboats are the United States commissioners referred to in the pilotage act of Massachusetts. �If the master was licensed as a pilot between Boston and Havana, the vessel was apparently exempted from paying the local charges. The libellant meets this defence by two arguments : �1. That the inspectors of the United States bave nà lawful authority to grant licenses excepting for coastwise service, that being the only kind of service in which pilots so licensed must be taken. The law does not seem to be so. I have looked through the various statutes now represented by title 52 of the Eevised Statutes, and through that title, and fuul provisions in the same general language for inspeeti-jg the huUs and boilers of steam vessels, and for examining and 'certifying their masters, mates, engmeers and pilots. There is nothing to distiuguish pilots from masters, mates and en- gineers, and there is no law that I know of requiring a vessel to have a master or mate; but when these offieers are em- ployed they must be licensed. There seems to be no connec- tion between the necessity for employing these persons and the necessity for their being licensed if they are employed. Nor can the words of the statute be limited to coasting ves- ��� �