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Cunard Steam-Ship Co. v. Lucci

Decided: April 10, 1967.

THE CUNARD STEAM-SHIP COMPANY LIMITED, ETC., ET AL., PLAINTIFFS-RESPONDENTS, AND ATLANTIC CRUISE LINE, INC. (AND THREE OTHERS) PLAINTIFFS - INTERVENORS - RESPONDENTS,
v.
LOUIS P. LUCCI, DEFENDANT-APPELLANT, AND STATE OF NEW JERSEY, DEFENDANT-INTERVENOR-RESPONDENT



Sullivan, Kolovsky and Carton. The opinion of the court was delivered by Sullivan, S.j.a.d.

Sullivan

[94 NJSuper Page 441] This appeal involves the constitutionality of the so-called New Jersey Flagship Statute, L.

1964, c. 230, now N.J.S. 2A:170-77.12 to 77.14, inclusive, which provides as follows:

"2A:170-77.12 Issuance or sale of ticket for passage aboard vessel not having country of registry imprinted thereon

No person shall issue, sell, or offer for sale in this State in the regular course of business any ticket for passage aboard any vessel required by law to be registered in this country or in any other country which does not have clearly imprinted thereon the country of registry of such vessel.

2A:170-77.13 Unlawfully advertising passage upon vessel

No person issuing, selling or offering to sell any ticket for passage aboard any such vessel shall directly or indirectly cause to be placed before the public in this State any advertising matter or information pertaining to passage or the availability of passage upon any such vessel, unless such advertising matter or information clearly indicates the country of registry of such vessel.

2A:170-77.14 Penalty

Any person who willfully violates any provision of this act is a disorderly person."

The statute has been described by appellants as a consumer protection measure which has been enacted to provide for the safety of New Jersey citizens who seek passage on ocean-going vessels by calling to their attention the foreign registry of vessels available for passage, thus alerting such would-be travelers to the supposedly known fact that the safety standards of foreign vessels do not measure up to those flying the American flag.

Actually, N.J.S. 2A:170-77.12 was not directly involved in the proceedings before the trial court. However, it falls within the ambit of the ruling made.

The factual background of the case is fully set forth in the trial court's opinion reported in 92 N.J. Super. 148 (Ch. Div. 1966).

The trial court held that the legislation presented an improper exercise of the state police power in that it impinged on areas reserved to the Federal Government under the supremacy clause, Art. VI of the United States Constitution. Specifically, the trial court found that the ...


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