Page:Federal Reporter, 1st Series, Volume 3.djvu/582

 POLLOCK V. 8TEAM>B0AT SEA BIBD. 675 �CEBe can be successfully distinguished from the cases of Tke Missouri and The Queen, where language substantially similar was held -to give a direct remedy against the vessel in admi- ralty for the recovery of the penalty. The Missouri, 3 Ben. 508 ; 9 Blatchf. 433; The Queen, 4 Ben. 237; 11 Blatchf. 416. �3. Exception is also taken because it is not alleged that the libellant was a passenger. This exception rests upon the assumption that the statute gives the penalty of $10 and his passage money to each of the passengers carried in excess of the lawfol number. Such is certainly not the obvions read- ing of the statute. It does not say "to any passenger," but "to any person suing for the sa,me ; " a very common expres- sion, and not one in itself requiring construction on acoount of any ambiguity of the term used. Nor is there anything in the policy of the law, or in the context, requiring the construc- tion Buggested by the claimant, which is that each passenger above the lawful number may recover his passage money and $10. �The passengers taken on board in excess of the lawful number are, it would seem, no more entitled to ihdemnity or remuneration, or subjected to any greater risk, than those first taken on board up to the lawful number. Indeed, of the two classes of passengers the latter may more justly complain of the wrong inflicted by the overorowding, for they were la wfuUy taken on board, and the overorowding was involuntary, 80 far as they are concerned. There is, therefore, no reason for doing violence to the language used for the purpose of discriminating in favor of the passengers illegally taken on board. The proposed construction would also effectually take from the statute ail beneficiai operation, by way of de- terring the steam-boat owners from violating this most salu- tory law, since the remedy given would be of so trifling value to any one person that it would never be worth prosecuting. �Section 4499, which provides that "if any vessel, propelled wholly or in part by steam, be navigated without complying with thfi terms of this title, the owner shall be liable to the United States in a penalty of $500 for each offence, one-half for the use of the informer, for which sum the vesse! «o navi- ����