Neal

On'the twenty-ninth March, 1887, the libelant, a duly-licensed pilot for this harbor, spoke within the pilot’s cruising grounds, and outside the bar, the steamer Alameda, inward bound from foreign ports, to the master of which he offered his services as pilot. These services were declined, and the vessel proceeded into port without hav *367 ing on board any licensed pilot. The libelant now sues for half pilotage, under the provisions of section 2466 of the Political Code of California. Exceptions are filed to tne libel on the ground that the section of the Political Code referred to is opposed to the provisions of section 4237 of the Revised Statutes of the United States, and is consequently inoperative and void. Title 6, c. 1, art. 6, Pol. Code Cal., entitled “Pilot Regulations for San Francisco, Marc Island, and Benicia,” provides:

By the Revised Statutes of the United States it is provided as follows:

It is not disputed that the sections of the Political Code above cited do contain such discriminations as are prohibited by section 4237 of the Revised Statutes. A similar discrimination, contained in the Georgia Code, was held to be invalid by the supreme court, in Spraigue v.…