U.S. Supreme Court KELLY v. STATE OF WASHINGTON EX REL. FOSS CO., 302 U.S. 1 (1937)

[Page 302 U.S. 1, 7]

the attention of Congress. The report of the Bureau of Navigation and Steamboat Inspection showed that there were many large vessels of this class. [Footnote 1] The Committee on Merchant Marine and Fisheries of the House of Representatives found that this situation was due to the fact 'that when the steamboat inspection laws were passed, internal-combustion-engine laws were unknown, with the result that many of the existing laws apply to steam vessels and under the opinion of the law officers of the department, do not apply to vessels operated by machinery other than by steam.' The Committee added that 'it was very doubtful whether under existing law lifeboats could be required on these motor vessels.' [Footnote 2] To meet that situation Congress has provided that existing laws covering the inspections of steam vessels shall be applicable 'to seagoing vessels of three hundred gross tons and over propelled in whole or in part by internal-combustion engines' to such extent as may be required by the regulations of the Board of Supervising Inspectors of Steam Vessels with the approval of the Secretary of Commerce. Act of June 20, 1936, c. 628, 49 Stat. 1544, 46 U.S.C. 367 (46 U.S.C.A. 367). Even as thus limited, the act expressly excepts vessels engaged 'in fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industry.' It is manifest that Congress carefully considered the application of existing laws and decided to what extent its field of regulation should be widened. [Footnote 3] Congress decided to extend its regulation as to motor-driven vessels only to those of the specified class.

[Page 302 U.S. 1, 16]

state act which also lie outside the bounds of the federal action thus far taken and as to which uniformity of regulation is not needed. That question cannot be satisfactorily determined on this record and must also remain for decision as it may be presented in the future in connection with some particular action taken by the state authorities. Our conclusion is that the state act has a permissible field of operation in relation to respondents' tugs, and that the state court was in error in holding the act completely unenforceable in deference to federal law. The judgment of the state court to that effect is reversed, and the cause is remanded for further proceedings not inconsistent with this opinion. It is so ordered.

Reversed and remanded. Footnotes

Footnote 1 Report (June 25, 1935) of the Committee on Merchant Marine and Fisheries of the House of Representatives on 'Inspection of Motor Vessels.' H.R.Rep.No.1321, 74th Cong., 1st Sess. Reference was made to the situation as described by the Assistant Director of the Bureau of Navigation and Steamboat Inspection as follows:'We have at the present time vessels that are operated by internal- combustion engines, of tonnages exceeding 100, there are 772 vessels of 819,935 gross tons that would come under the provision of this law (the proposed bill).'For instance, we have in the class from 5,000 to 7,500 tons 29 vessels, with a total tonnage of 179,556; and over 7,500 tons we have 33 vessels, with a total tonnage of 300,292.'Those large vessels at the present time are subject to only a very limited inspection-that is, the inspection of the hulls and boilers, and are required under the law to carry a licensed engineer and a licensed pilot. The provisions of section 4472 (46 U.S.C.A. 465) that provides for protection against fire do not apply to our 7,500-ton vessels that are in the trans-Atlantic trade. They are not required under the law to carry a single lifeboat. There are many other provisions of the steamboat inspection laws that are of the utmost importance to safety of life that do not apply to these large transoceanic vessels. As a matter of fact, we are inspecting those vessels at the present time, but it is only because the owners of the ships accept such inspection. It is not a matter of law.'

Footnote 2 H.R.Rep.No.2505, 74th Cong., 2d Sess.

Footnote 3 Id.