Page:Federal Reporter, 1st Series, Volume 7.djvu/617

 THE aLBNEARNB. 605 �between Astoria and the head of navigation, upon the ground, as he alleges in his libel, that on March 2, 1881, he was a duly-licensed pilot under the laws and upon the waters afore- said, when said vessel was Ijdng at Astoria, bound on a voyage to Portland, without having a pilot authorized to make such voyage on board, or having been spoken by such an one, and the libellant then and there offered his services as such pilot to the master of said vessel, to pilot her to Portland, whioh offer was not accepted, but ref used. �The answer of the master, P. F. H. Hastie, intervening for his interest, admits the allegations of the libel, except the one that he was without a pilot when the libellant tendered his services;, and alleges that the bark was then under charge of Albert Betts, a duly-licensed pilot for the waters of the Columbia river, under the pilot law of Washington terri- tory, approved November 9, 1871, who thereafter piloted said vessel to the mouth of the Wallamet river, from whence she proeeeded to Portland with said Betts on board. The answer is excepted to for insufficiency instead of irrelevaney, but the exceptions were argued as if taken for the latter cause, and will be so considered. �In equity or admiralty an exception for insufficiency does not question or challenge the materiality or relevancy of the answer as a defence, but only its fullness or explicitness as a response to the libel. If the answer, or any article of it, is Bufficient as a response, but not a defence, to the libel, the exception, which is then equivalent to a demurrer at law, should be taken for irrelevaney or impertinence. The Cali- fornia, 1 Sawy. 465; Adm. E. 30; Ben. Adm. §§ 466-471. �given in Philip Johnson' s Gase — that she was then in charge of Albert Betts, a Washington territory pilot, who had been employed at Astoria to conduet her the round voyage on the Columbia river. But this did not prevent the libellant from making a valid and effective tender of his services for the navigation of the Wallamet river, at least. The vessel was on the libellant's pilotage ground, and not in the charge of aqualifled pilot. The libellant was qualifled to pilot her to Astoria, and entitled to do so to the Columbia river, or to receive half pilotage for the offer and refusai of his services in this respect �There must be a decree for the libellant for the sum claimed, and inter- est and Costa. ��� �