( ' 42 rannmn BEPORTEB.
as to give effect toevery significant clause, sentence, or word in it,
. (Smith, Comp. § 575;) and, if the provisions of the second sec-
tion extended to steam-vessels proprto vigore, notwithstanding the
tenth section, then the provisions of the first section do also, and the
tenth is altogether useless and nugatory. This decision was aiiirmed
on appeal to -the circuit court, and the judge who made it has since
been placed on the supreme bench. No other decision upon the act
has been cited or come to my knowledge.
In the revision of the statutes this section 10 was omitted, and the
whole act left applicable to steam-vessels. But afterwards it was re-
enacted as an amendment to section 4264 of the Revised Statutes, by
the act of February 27, 1877, (19 St. 250,) “to perfect the revision of
the statutes of the United States" etc. By reason of this amendment
the statute now stands as when the second section was construed, in the
case of The Manhattan not to be applicable to steam-vessels, with this
additional and material circumstance in favor of such construction,
namely: that congress, by- the deliberate replacement of section 10,
· have not only declared it shall have eifect as a part of the statute,
but presumably that it shall have such effect according to the then
' known construction given to it in that case. Pcnnock v. Dialogue, 2
_ Pet. 18; Kirkpatrick v. Gibson': E:c'rs, 2 Brock. 391; Com. v. Hart-
nett, 3 Gray, 451; Oathcarrt v. Robinson, 5 Pet. 279. A
The argument of the district attorney in favor of the libel is that
the provisions in section 2 are regulations relating to the "space”
appropriated to passengers, and therefore made applicable to steam-
vessels by the operation of section 10, because by them the "space"
between each berth and that appropriated to each passenger therein
( is prescribed. And when we consider that the evils intended to be
prevented by section 2 are as likely to exist in the case of· steerage
passengers carried in steam-ships as those against which section 1 is
intended to guard, it is not without force.
There is quite as much need that a steerage passenger shall have
the "space" and privacy provided in section 2 when he lies down to
sleep, or is prostrated with sickness, as that he shall have the general
moving and breathing "space" between decks provided in section 1.
And although the word "space” is not used in section 2, still, that is
the subject of it, and its division and appropriation among thepas-
sengers, foxytlie purpose of berths, is thereby carefully and minutely
regulated. ` _   ~ y   ,
_ But, in the light of the decision in the case of The Manhattan,vand
particularly the unqualified re-enactment by congress of section 10 in