§ 179.: Regulation of ships and shipping.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 2 
A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 2.
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- State and Federal Control of Persons and Property. Vol. II.
- Chapter X.: State Regulations of Real Property.
- § 133.: What Is Meant By “private Property In Lands?”—
- § 134.: Regulation of Estates—vested Rights.—
- § 135.: Interests In Expectancy.—
- § 136.: Limitation of the Right of Acquisition.—
- § 137.: Regulation of the Right of Alienation.—
- § 137 A.: the Right of Testamentary Alienation and Intestate Succession—taxation of Inheritances.—
- § 138.: Involuntary Alienation.—
- § 139.: Eminent Domain—general Propositions. 2 —
- § 140.: Exercise of Power Regulated By Legislature.—
- § 141.: Public Purpose, What Is A.—
- § 142.: What Property May Be Taken.—
- § 143.: What Constitutes a Taking.—
- § 144.: Compensation, How Ascertained.—
- § 145.: Regulation of the Use of Lands—what Is a Nuisance?—
- § 146.: What Is a Nuisance, a Judicial Question.—
- § 147.: The Regulation of Unwholesome and Objectionble Trades.—
- § 148.: Regulation of Mines and Mineral Products.—
- § 149.: Regulation of Burial-grounds.—
- § 150.: Laws Regulating the Construction of Buildings In Cities.—
- § 151.: Regulation of the Right to Hunt Game and to Catch Fish. 3 —
- § 152.: Abatement of Nuisances—destruction of Buildings.—
- § 153.: How Far Use of Land May Be Controlled By Requirement of License?—
- § 154.: Improvement of Property At the Expense and Against the Will of the Owner.—
- § 155.: Regulation of Non-navigable Streams—fisheries.—
- § 156.: Conversion of Non-navigable Into Navigable Streams.—
- § 157.: Statutory Liability of Lessors For the Acts of Lessees.—
- § 158.: Search Warrants—sanitary Inspection.—
- § 159.: Quartering Soldiers In Private Dwellings.—
- § 160.: Taxation—kinds of Taxes.—
- § 161.: Limitations Upon Legislative Authority.—
- Chapter XI.: State Regulation of Personal Property.
- § 162.: Laws Regulating the Creation and Acquisition of Interests In Personal Property—real and Personal Property Herein Distinguished.—
- § 163.: Statute of Uses and Rule Against Perpetuity As Regulations of Personal Property.—
- § 164.: Regulation and Prohibition of the Sale of Personal Property.—
- § 165.: Laws Regulating Disposition of Personal Property By Will. 2 —
- § 166.: Involuntary Alienation.—
- § 167.: Control of Property By Guardian.—
- § 168.: Destruction of Personal Property On Account of Illegal Use. 2 —
- § 169.: Destruction of Personal Property In the Interest of Public Health.—
- § 170.: Laws Regulating the Use of Personal Property.—
- § 171.: Prohibition of Possession of Certain Property.—
- § 172.: Regulation and Prohibition of Manufacture of Certain Property.—
- § 173.: Carrying of Concealed Weapons Prohibited.—
- § 174.: Miscellaneous Regulations of the Use of Personal Property.—
- § 175.: Laws Regulating Use and Keeping of Domestic Animals.—
- § 176.: Keeping of Dogs.—
- § 177.: Laws For the Prevention of Cruelty to Animals.—
- § 178.: Regulation of Contracts and Rights of Action.—
- § 179.: Regulation of Ships and Shipping.—
- Chapter XII.: State Regulation of the Relation of Husband and Wife.
- § 180.: Marriage, a Natural Status, Subject to Police Regulation.—
- § 181.: Constitutional Limitations Upon the Police Control of Marriages.—
- § 182.: Distinction Between Natural Capacity and Legal Capacity.—
- § 183.: Insanity As a Legal Incapacity.—
- § 184.: The Disability of Infancy In Respect to Marriage.—
- § 185.: Consanguinity and Affinity.—
- § 186.: Constitutional Diseases.—
- § 187.: Financial Condition—poverty.—
- § 188.: Differences In Race—miscegenation.—
- § 189.: Polygamy Prohibited—marriage Confined to Monogamy.—
- § 190.: Marriage Indissoluble—divorce.—
- § 191.: Regulation of the Marriage Ceremony.—
- § 192.: Wife In Legal Subjection to the Husband—its Justification.—
- § 193.: Husband’s Control of Wife’s Property.—
- § 194.: Legal Disabilities of Married Women.—
- Chapter XIII.: State Regulation of the Relation of Parent and Child, and of Guardian and Ward.
- § 195.: Original Character of the Relation of Parent and Child—its Political Aspect.—
- § 196.: No Limitation to State Interference.—
- § 196a.: People V. Turner.—
- § 197.: Compulsory Education.—
- § 198.: The Child’s Right to Attend the Public School—separate Schools For Negro Children—expulsion From School Must Be For a Reasonable Cause.—
- § 199.: Parent’s Duty of Maintenance.—
- § 200.: Child’s Duty to Support Indigent Parents.—
- § 201.: Relation of Guardian and Ward Altogether Subject to State Regulation.—
- § 202.: Testamentary Guardians.—
- Chapter XIV.: Police Regulation of the Relation of Master and Servant.
- § 203.: Terms “master and Servant” Defined.—
- § 204.: Relation Purely Voluntary.—
- § 205.: Apprentices.—
- § 206.: Regulation of Private Employment.—
- § 207.: Public Employments.—
- Chapter XV.: State Regulation of Corporations.
- § 208.: The Inviolability of the Charters of Private Corporations.—
- § 209.: Police Control of Corporations.—
- § 210.: Freedom From State Control, As a Franchise.—
- § 211.: Police Regulations of Corporations In General.—
- § 212.: Laws Regulating Rates and Charges of Corporations.—
- § 213.: Regulation of Foreign Corporations.—
- § 214.: Regulations of Railroads.—
- Chapter XVI.: The Location of Police Power In the Federal System of Government.
- § 215.: The United States Government One of Enumerated Powers.—
- § 216.: Police Power Generally Resides In the States.—
- § 217.: Regulations Affecting Interstate Commerce.—
- § 218.: License Tax Upon Drummers and Peddlers.—
- § 219.: Taxation of Interstate Commerce.—
- § 220.: State Regulation and Prohibition of Interstate Commerce, Particularly, Articles of Merchandise.—
- § 221.: State Regulation of Railroads and Other Common Carriers, and of Their Business, When an Interference With Interstate Commerce.—
- § 222.: The Jurisdiction of Anti-trust Laws, National and State, As Affected By the Interstate Commerce Clause.—
- § 223.: Control of Navigable Streams.—
- § 224.: Regulation of Harbors—pilotage Laws.—
- § 225.: National and State Quarantine Laws.—
- § 226.: Regulation of Weights and Measures.—
- § 227.: Counterfeiting of Coins and Currency.—
- § 228.: Regulation of the Sale of Patented Articles.—
- § 229.: War and Rebellion. 5 —
- § 230.: Regulation of the Militia.—
- § 231.: Taxation.—
- § 232.: Regulation of Offenses Against the Law of Nations.—
- § 233.: The Exercise of Police Power By Municipal Corporations.—
Regulation of ships and shipping.—
In consequence of the exposure to the dangers of the sea, there would be more or less danger of accident and damage to others in the use of ships, if there were not some legal regulation of their construction and management. All police regulations are therefore lawful, which are designed and tend to diminish the dangers of sea voyaging. They are not subject to any constitutional objections.
In the first place, it is lawful to prohibit the use of unseaworthy vessels, and to provide for the inspection of all vessels and the condemnation of those that are defective. The United States government, under the Federal statutes, have appointed officers, whose duty it is to perform this service to the traveling public. It is also common to limit by law the number of passengers and the amount of freight which a vessel may be permitted to carry; and it is not unreasonable to require the master or purser of a vessel to furnish to some public officer a statement of the amount of freight or the number of passengers he may have on board. The overloading of a boat with freight or passengers may be considered an actual trespass upon the right of personal security of all those who may be on board of the vessel.
The skill or ignorance of the master or captain, and other officers in charge of the vessel, is of the utmost importance to those who entrust their person or property to their care; and it is consequently permissible to require all those who are applicants for such positions to submit to examinations into their qualifications, and receive a certificate of qualification, without which they cannot assume the duties of such a post. This is so common and reasonable a regulation that it has never been questioned.
The navigation of a vessel also requires some regulation by law to remove doubt and uncertainty, and to insure uniformity in the rules. The principal legal rules of navigation are those relating to the use of colored lights at night, the regulation of fog signals, and the rules for steering when two or more vessels come into close neighborhood. These regulations are designed to prevent collision, and a detailed discussion of them may be found in any work on shipping and admiralty. It is not necessary to mention them here. We are only concerned with a consideration of the constitutionality of such laws in general. This regulation by law of the rules of navigation consists chiefly in adopting as legal and binding rules those which had met with the approval of the best part of the marine world, and the object of the interference of the government is to secure fixity and uniformity. The constitutionality of these police regulations has never been questioned.
The navigation of a vessel in mid-ocean involves no special difficulty to any one who is at all skilled in navigation. But the entrance into a harbor does require a peculiar knowledge of the coast and of the currents in and out of the bay or river. It would, therefore, be reasonable to require all vessels, on entering a harbor, to be placed in charge of a licensed pilot, and, inasmuch as the law makes it obligatory upon the pilot to beat up and down the coast in search of vessels, which are bound for the port, it is held to be reasonable to compel the master or captain to accept the services of the first pilot who offers.
STATE REGULATION OF THE RELATION OF HUSBAND AND WIFE.
|SECTION||180.||Marriage, a natural status, subject to police regulation.|
|181.||Constitutional limitations upon the police control of marriages.|
|182.||Distinction between natural capacity and legal capacity.|
|183.||Insanity as a legal incapacity.|
|184.||The disability of infancy in respect to marriage.|
|185.||Consanguinity and affinity.|
|188.||Differences in race—Miscegenation.|
|189.||Polygamy prohibited—Marriage confined to monogamy.|
|191.||Regulation of the marriage ceremony.|
|192.||Wife in legal subjection to the husband—Its justification.|
|193.||Husband’s control of wife’s property.|
|194.||Legal disabilities of married women.|
Thus, it was held to be a reasonable regulation, which provided for the inspection of boilers of vessels. Bradley v. Northern, etc., Co., 15 Ohio St. 553.
St. Louis v. McCoy, 18 Mo. 238; St. Louis v. Boffinger, 19 Mo. 13.
Canal Commissioners v. Willamette Transp. Co., 6 Ore. 219.
See ante, § 87, in respect to the police regulation of skilled trades and learned professions.
Thompson v. Spraigue, 69 Ga. 409 (47 Am. Rep. 760). See Sherlock v. Alling, 93 U. S. 99. As to whether the United States or the States have the power to regulate the matter of pilotage, see post, 224.