The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-29
YHE WEEKLY GElRINE.
DECISIONS on TIE HIGH COURTS
OF
ERRORS AND APPEALS.
APRIL TERM, 1866.
Charles X. Marshall,
'io2i7
William Grimes at al.
GHTEF 5rs4IcE HANDY DELIVERED TIL
oFs<EoN OF THE COURT.

49, William Grimes ct al
,cHrEr scs4IcE HANDY DELIVERED tn
oFs<EoN OF THE COURT
This was bill filed by the appellant /
the Chancery Court Of Warren County. al
leging that by an act Of the Legislature o
TINS State, passed November %, 1865. the ex
staslve right Of running q ferry-boa acros
the. Mississippi river within certain limit,
therein prescribed. was granted TO him
.lat he had. at great expense, purchased q
large steam ferry boat, aud brought it to the
IsES landing at Nicksburg, and was fully
prepared TO comply with all the terms and
stipulations of said act of the Legislature
lhat William Grimes and others, in viola
Hun o. the right granted by that act placed
Alefky boat, to run within the limits granted
N~'so ne complainant by the act, and persist
IA aing their ferry boat in violation of
Ihe right granted to the complainant, and
praying Tor an injunction to restrain the de-
PENDANTS from running their boat in viola
non Of the complainant's right. The act of
the Legislature is exhibited with the bill
Inc nrst section authorizes the COMPLAIN
ant, his heirs and assigns, to establish and
Keep ferry across the Mississippi river for
the accommodation of persons and movable
property for transportation TO a point on the
LogisIana shore, opposite to the city of
fipksburg. not provided for in the charter
~ the VlcHsburg, Shreveport and Texas
hAiirOau Company, granted Doth February
i9oo, ana said right shall cover the bank of !
sad river for distance up and down the |
liver 81 Jour miles, in each direction, with |
~ exclusive light to said parties to collect |
AhuS anu charges for terriane for twenty
u years, but not to invalidate the rights Of
s.siu haiiroad Company. Section 2nd pro-
ylues Ihab the lees for transportation fixed
~ ne Board of Police Of Warren county.
~ aliaii regulate the charges, and that the
Voaiu may require the customary bond and
j ryhent INTO the County Treasury of the
4 Mount already established by them, paya-
annually during the existence Of the
reer.. ~ bonus to the county; that after
SAv4xpiratiOn or extension of the cbarter
anted by the Board of Police of Warren
II sppfy' to said Marshall, said Board shall
II authority TO require as bonus a sum
l1exceeding three hundred dollars annual
= TO be paid into the County Treasurv.by ..
the parties owning and running the ferry !
Other sections prohibit the interference
lth the rights granted, except by the Rail- }
&oau Company, require the PARTIES TO com :
ply with the generl laws regulating ferries :
IN TINS State and reserve the right to repeal
alter or amend the act
The answer admits the passage of tl,s aot u
VI the Legislature, but denies that it is of =
any validity, becalpse il is contrary to the . :,
constitution of this State--Ist in attempt ~
! 70 confer exclusive emoluments aud ~
vlliges, not in consideration of any public y
efykei Ind because the Legislature had ~
" sFzction over the subject of ferries y
se same being committed by the Constitu Z
Won to the Boards of Police. II admits ~
ny Of the time of filing the bill, defendant =,
~ ~ Terry boat to carry on ferry within g.
IssilnlR granted to complainant by the act ~
'le legislature; that at the date of filing ''
\, pl y ne was engaged i'll running steam- II,
7. IRON point on the banks Of the Mis- o o
Rpi river within the limits of the city "a
9fa kspurg, to point or points d, the ~
other ide Of the river in Louisiana, fol- car. 20
rying elght, passengers DC, he being the -.
sole own OF said boat by purchase on 9th -;
Novembe 1868, from John A. Klein, who ~
had obtaihNea authority from the Military W. W.
authorities nsh occupying the city of tat
ry at that point, t,lere being no ferry author. op
lied by law at that point and he continued t -
10 do so until 18th November, 1865 when H. H.
'aid Klein sold said boat to defendant; ~
hat Klein had procured from the city au. ~ ~
horitles OF Vicksburg the privilege of land W.,
ng said boat at the wharf belonging to said L
NY, said city being the owner in fee mn
4 the river front, which said privilege up
.lein transferred to defendant with the OF
he boat; alleges that by the law of this Wit
tate, the city of Nicksburg has the right Inc
NTH the consent of the Board of Police TO ope
stablish ferry to run from any portion of III !
ne landing belonging to the city, which anu
ght cannot be taken away from the sity, clse
Mess on due notice she declines or refuses Wiz
} do so, and defendant insists that, for this OF
Jason, complainant has no right to deprive con-
le city or any one acting under its anfbor. fran
y, nom the rights granted by the city, ex- whl
'pt on compliance with the general law, IRON
adj that no notice was riven IN said citr ar sissi
the defendants of the action of com on t
alnant in procuring the passage of The act t,oh
hat
10, he caused the steamboat owned by may
IN as ferry boat, to be regularly enrolled erty
the office Of the collector of customs, at ahd
cksburg in accordance with the acts of coas
Ingress, and he exhibits copy of the en- ne q
llment and that Inv virtne thereof he was with
titled to license from said collector to AS
FRY on the eOasting trade from said port to ny
d with the State of louisiana which Ii maui
use he procured and exhibits; and that it tue
IS In accordance with that license that oppn
was running his boat, when lac was en- IL M
ned in this suit; and that he is entitled nad'
ereby to run his boat and carry on trade, anu
take passengers and freight to any Is
int in Louisiana, and that such in- pOwe
course is eoasting trade ard commerce conn
'ween the States, within the meaning of 1t Isl
Constitution and laws of the United limit
the Mississippi river is a nav river
BILE stream and that under the Constitu- very
z and laws ofthe United States, and his betw
'ise, ne has the right of commercial in ance
course and to carry on the coasting trade carrie
4 the State of Louisiana, whether his mean
Is called ferry boat or a packet and the p
SITS that the Legislature of this State comm
power to infringe bis rights aud are 81
he act passed for compliments Cove
S unconstitutional matte
e filing of this answer the defendant sentis
TIE court to dissolve the Injunction, neces
IN was sustained, and from that The e
peal was taken. subse
|hs presented in the argument taines
faithf
the act Of the Legislature duties
fy franchise to the appellant priety
II the act Of Congress for the on loo
this State into the Union, the s.
kres that the Mississippi river lied b
common highway, and forever tary o
eitizens of the United States, that
ak. duty, import or toll there ferries
this State. % the
the franchise granted TO the y tia
assumptions Of the power N
[ress BY the Consultation Of Chief
tates ito regulate conmeree Ion Of
ptions, and among the several states
hthe Iudian tribes and i inspee
ahesnstitufional poWes
sfonna On phsch fhn act in oue-- immeI