Legal Opinion

The G. L. Garlic

District Court, N.D. New York

Decided March 15, 1891PublishedCited by 2 opinions

In Admiralty. These are libels filed by the United States, under the act of June 29, 1888, (25 St. at Large, 209,) to recover penalties for dumping mud, dredgings, etc., into the waters of the Hudson river.

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In Admiralty. These are libels filed by the United States, under the act of June 29, 1888, (25 St. at Large, 209,) to recover penalties for dumping mud, dredgings, etc., into the waters of the Hudson river. The first section of the act provides “that the placing, discharging or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the tidal waters of the harbor of New York, or its adjacent or tributary waters, or…

1Opinion of the Court

Coxe, J.,

(after stating the facts as above.) The intention of congress in passing the act of June 29, 1888, is clearly expressed in its title. It is “An act to prevent injurious deposits within the harbor and adjacent waters of New York city,” etc. Deposits which do not injuriously affect the harbor are not prohibited by the act. It was the harbor that the lawmakers had in view; it was the harbor (hat they sought to protect. Recognizing the fact that the usefulness of the harbor would be destroyed if its approaches were obstructed, the act is careful to designate all waters adjacent or…

2Cited by2 opinions

  1. Bevin Bros. Mfg. Co. v. Starr Bros. Bell Co.U.S. Circuit Court for the District of Connecticut · 1902
  2. Warner-Quinlan Co. v. United StatesCourt of Appeals for the Third Circuit · 1921

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