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EX PARTE MCNIEL, 80 U. S. 236 (1871)

U.S. Supreme Court

Ex Parte McNiel, 80 U.S. 13 Wall. 236 236 (1871)

Ex Parte McNiel

80 U.S. (13 Wall.) 236


1. The statutes of the several states regulating the subject of pilotage are, in view of the numerous acts of Congress recognizing and adopting them, to be regarded as constitutionally made until Congress by its own acts supersedes them. Cooley v. Board of Wardens of City of Philadelphia, 12 How. 312, affirmed.

2. The sum of money given by statute as half-pilotage to a pilot who first tenders his services to a vessel coming into port and is refused is not a "penalty," but is a compensation under implied contract.

3. Although a state statute cannot confer jurisdiction on a federal court, it may yet give a right to which, other things allowing, such a court may give effect.

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