The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1870-01-05
4.0aisvilie Com mmercisl or yes-
terday-l
RIFER TOLLS.
c. s. CIRCUIT CoUBT.
ri-4rr =

ration created by statute of
e oi Kentucky, against Jos.
sold zen of the State of
81 which the plaintiff seeks
rex Of me defendant three
a3 seven huodred and fifty
ms a1G ninety cents tolls
ta ~ le aad owing from the
4t.o lie plaintiff for, and on
+, las passing of his steam
ford sc divers times, through
els 11 Green River. To the
non tae defendant demurs,
aus IF demurrer alleges that
Ee legislature OF Kentucky
10 sac plaintiff Is in cor
18th lhe Constitution Of
& III the United States.
ed that it is In conflict
Nt,b 5be thirty-seventh Sec
eond article of the con-
p 9f S.entucky. which declares
law enacta cd by the General
ly shall relate to more than
uiece, nd that shall be en-
DO -1e t.tle.
al With the thirty fourth SEQ
the same article which pro-
hat the General Assembly
gge no power to pass laws to
d 1he resources of the sinking
now established by law, until
1t of the State be paid" etc.
With the first section of
tlirteeD. which provides that
sa a, when they form a social
ct, are equal and that no man
ST men are entitled to exclu-
ate public emOluments or
from the community, but
st15raion Of public service. ."
-u Wish he fourth subdi-
III ction eight, article first of
ution Of me United States,
rs 90 Congress power TO
mmerce with foreign ua-
t-c among the several States.
ha Indian tribes.
With the second sRbdl-
R section ten of the same
t5cn, among other things,
shat " 30 State shall, with
-au ent ct Congress, lay any
annago.
zee theae objections in
1e That the force Of the
eden may be perceived, it is
1 state that the title Of the
.cb iucorporates the plaintiff,
lc oeu aud Barren Nayiga-
onFaDy;" that ii not Only con.
cert ain persons therein Damed
por4sion, but, among other
raussers to 1t, for the period
rty wears, the locks and dams
and Barren Rivers, with
ll.ect Of every vessel OF
ing said rivers, toll uoi
il following rates, that Is
44.y 1ents psr ton at the first
li.T cents at the second lock
ut5 al the third lock, aGd
the fourth lock, tbs
3 Il oil 40 be determined by
age cf the vessel, Custom
asurement.
utended that the transfer
corporation of the said locks
ans, with the right 10 collect
&c. Is q subject distinct from
cooperating the company
at. therefore, this act relates Il
th d one subject, or at least
II ubject Of the act IS not ex
4 10 the title.
Green and Barren Rivers Nav
b company is the subject OF IN
question. There IS nothing il
veraI sections OF the set Whicl
not relate to the corporation, it
s anu interest, and, indeed
thing in them material t,
Cntr0versy, which do5s not re
40 navigation OF Green o
Rivers. Ii Is manifest. there
th lie act relates to but on
Ell al5 that tais is sufficient
The tile. l could nc
oiac Use without running cOun
ne Ehole course OF decision
tr-~'7v. uor without establish
nciple which, in its applies
~ould annul the charts
st every corporation |
late, and make vol
every statute Of I'll
aich embraces more than on
i am neither instructed NJ
zed TO do this. In the cor
ion of the constitution and lag
State 1 am obliged 10 folio
elsions Of the State courts, an
case, l have no reluctance
his course, because, as haI
ated. the decisions of the coug
state which relate TO the aboy
of the constitution are j
harmony with my own opinion
sville and Oldham Turnpik
Company rs. Ballard, &c,
Eff. 165. Phillips W. CoViDgtC
Cinciauati Bridge Company,
alf. 2z2
/ think, q suficicn. answer
coud objection raised By the d
that ne act incorporating Il
G Dressly states that " q
@ Barren River lines
ea7 aas always been a char
tGo --ats, and Is now largely
ana ithout prospect OF al
ro84ulrion." In the face of th
ration, L cannot assume that &
re1s OF he Sinking Fund will
sL.5: Tor, it IS to be observe
lis not ne gross tolls receiv
rir1- which constitute a pa
e Sinkiug Fund, but only t
naming after paying ezpens
erairs The act declares,
That tie tolls have not be
ut TO pay tho expenses aud !
and that there IS no prospt
hey will be. 1t is, l think, as
20 much Of the Court to assuI
his declaration Of the LegisI
false, although it appears
n.radieted by some official
made to the Legislature pr
81.
annos sustain the third objecti
5nt establishing a principle Il
Z auuul tie charter Ot every q
don iu the State. This / am !
aed 10 90. Besides every q