Page:Federal Reporter, 1st Series, Volume 7.djvu/618

 606 FEDERAL REFOBTEB. �The pilot laws of Oregon provide — �That the waters of the Columbia river, below Astoria, shall constitute a pilotage ground for ■whlch pilota shall be licensed by a board of commis- sioners, who shall receive such compensation for their services thereon as the law prescribes ; and that the waters of the Columbia and Wallamet rivers, " from Astoria to the head of navigation," shall constitute another pilot ground for which pilots shall be licensed by the same authority, and receive " fees for the same amount of pilotage," as the bar pilota. Or. Laws, i 7, p. 706. �Under this provision it is understood that the commis- sioners have prescribed the fees of river pilots in proportion to the compensation allowed by law to bar pilots, vrhich, in the case of the Glenearne, are admitted to be four dollars per foot draft for full pilotage. A vessel is not absolutely re- quired to take a pilot on either ground ; but, in the case of an offer and refusai of pilotage, the vessel, when bound into Astoria, is liable for full pilotage, and when bound out, one- half, (Or. Laws, § 16, p. 708;) and the river pilot "who shall first speak any sea going vessel ascending or descending the river above Astoria, shall, whether such vessel want such pilot or not, be entitled to half pilotage fees," (Or. Laws, § 12, p. 707;) provided such vessel is then not undor tow. Id. § 27, p. 710. �Claims for pilotage are cases of admiralty jurisdiction, and they may be enforced either against the owner or the vessel. An offer and refusai of pilotage services, under the law giving ualf fees therefor, create an obligation or contract upon the part of the owner to pay the same, which may be enforced in admiralty against him or the vessel. Ben. Adm. §§ 289- 391; The Wright, 1 Deady, 597; The California, 1 Sawy. 467 ; Steam-ship Co. v. Joliffe, 2 Wall. 457; Ex parte McNiel, 13 Wall. 242. �The right to regulate pilots and pilotage on the navigable waters of the United States belongs to congress, as a part of the power to regulate commerce. But it bas been held that, until congress exercises such power, the subject may be reg- ulated by the several states; and upon that impression it was declared by congress, in section 4 of the act of August 7, 1789, (1 St. 54; Rev. St. § 4235,) that, untU further pro- ��� �