Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-09-29

ZEE HARBoR FEE QUESTION: Tss' Case
4go'nst he Corporation Of GeoTgstors--Yester-
Gay afternoon this case was brought up again
oefore Justice J. T X. Plant. Abraham Fo1te
snes the Corporation Of Georgetown for So
Illegally received. X. : DAVIS. Esq, appeared
Tor the plaintiff, and T.. +. Peck for defendant.
The plaintiff paid the money 10 the Corpor alton
under and by virtue o. an ordinance of that
CITY, in force from 1854 10 1>67, as tonnage fees
He claims that the tax was Illegal and so
decided oy the Supreme Court of the District of
Columbia October "a, IS67 in case OF a. =
Barnes against the Corporation OF washington.
mat Congress has rever authorized either
these ports; that Congress has the eyrInsIxs
Jurisdiction over this District as well as the
States and II has not given the power TO any
tats 70 eoIleet sncn duties except for use Of the
Treasury OF the United States. and that the
constitution especially provides that .uo STATE
snail Bwltnout the consent of Congress Law
any tonnage duties"
should the question IN this case b ludicialIy
settled IN favor OF the p aintif. toe Corporation
OF Georgetown Will be called upon 10 refuna
some S2O.CO0 collected under her corporats
ordinance since Its passage.
ChAries Z. Barnes testified that he knew Mr..
Abraham FOo;e as Captain and part-Owner of
the schooner Sarah Jane cote. Mr. Peek OBJ
lected 10 the question. when Mr. DAVIS offered
paper proving that MI Foot. is parI.ownsr
MI Peck desired 10 know If the paper was Of
Tered as evidence of ownership. and bling in
formed that II was, he ebleo ted TO its introduc-
non as The names on the copy of enrolment are
incomplete. Mr.. Peck then FLED the ORIGINAL
enrolment Mr.. Barnes resumipg sa,c tnaf
ne had NO interest iI the suit other than vhat
plaintIn might give him.
The witness employed Mr.. Davis to bring
me suit. No agreement had been signed by
witness 10 receive paw for bringing SUIT for
some four or i've thousand compiainants in Ike
suits other than what may be given htrn ~
eompIainants. Receipts were produced. ana
being unsiamped Mr.. Peck objected to SIX of
them under the statute OF limitations
MI William LAIRD, CLERK OF tn. CJrpara-
ZION, tesuhed that the amount Of moneys re-
ceiyed ny Georgetown for similar fees during
Ioo" and l>o9 was $3.50, and ne amount eX-
pended 10 Keep the channel IN Ia Ixab,e eondI-
lion during the same time was about SI,.tO
witness receives money from the harblr-
nlas.er once q month, which Is placed to The
credit OF the Corporation.
ne case here closed, and defendant mt m
tNIGtnce the ordinance OF the CORONATION of
Georgetown providing for the appointment OF
mar Dor master, approved September 10 I-Gi
which provides that IL shall be the duty of ma
maroon master 70 receive and collect from the
Captaln, owner, or consignee of eaS b aud cysry
tesseI arriving in the port of Georgrto6u a
haroor fee. The Justice reserved his DECISION
Inc principle extends over the whole conn
ny, as II involves the right, As stated absye of
CORPORATIONS everywhere 70 eollec. harbor
lees Ihe plaintiffs contend that ordinances an
tnoriZing such collections are contrary TO tha
PROVISIONS OF the constitution of the United
Saies. Ina 10 but the initial proceeding, TOR
no matter how DECIDED, the matter Will De car.
'eu 10 me Supreme court.