Page:Federal Reporter, 1st Series, Volume 7.djvu/619

 THE GliENBARNB. 607 �yision was made by it, the subject should bo regulated by the laws of the states. By the aet of March 2, 1837^ (5 St. 153 ; Rey. St. 4 4236,) congress provided that a vessel upon waters that are the boundary between two states may take a pilot from either. Gibbons v. Ogden, 9 Wheat. 207 ; Cooley V. Board of Wardens, 12 How. 316; Ex parte MeNeil, 13 Wall. 236; TAe PaTWTM, 1 Deady, 31. �Therefore, when the Glenearne waa at Astoria, bound up the Columbia river, she was on pilotage ground, subject to the laws of both Oregon and Washington, and might, so far^ take a pilot from either. after declining the services of one from the other, without becoming liable for half pilotage to the latter. And, bo far as the navigation of the Columbia river is concemed, this is a sufficient answer to the libellant's claim, independent of the fact that the Washington territory pilot first offered his services. But the Glenearne was then bound on a voyage to Portland, which involved the naviga- tion of the Wallamet river for a distance of 12 miles. Upon this portion of the pilotage ground between Astoria and Port- land this act of congress does not apply, and the Washingr ton territory pilot was not qualified to aet. It follows that when the libellant ojBfered his services to the Glenearne to con- duct her over his pilotage ground, to-wit from Astoria to Portland, — ^practically the head of navigation on the Walla- met river for sea-going vessels, — ^there was no pilot on board to take charge from the mouth of such river to Portland, and so much of the voyage was actually made without a licensed pilot. If the libellant had offered his services at the mouth of the Wallamet river to pilot the vessel to Portland, there is no doubt but that he would been entitled to take charge, and, if refused, to claim half pilotage ; and this is practically admitted. But the pilotage ground between Astoria and Portland is not divided into parts or sections, and the com- pensation for pilot services upon or over it is not so much per mile, or in proportion to the distance navigated, but so much a foot — according to the draft of the vessel — be the dis- tance more or less. �When the libellant offered his services to the master of the ��� �