The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-08-02

The following is the full text of the de-
cision of Judge Nelson, of the United
States district court, for the district of
Minnesota, under which Commodore Da-
wilson claims the wharfage alluded to
above:
The Northwestern Packet Company VS..
the City of ST. Paul
The plaintiff is corporation duly Or
ganized under the laws of the state of
Iowa, and was engaged during the years
1870 and 1874 in. running its boats and
barees up the Mississippi river for the
transportation of freight and passengers.
This action is brought to recover money
illegally demanded, and paid under pro
test. for the privilege of stopping in the
port of st. Paul, The defendant urges
that, being a municipal corporation, au-
thorized by its charter to build, control
and manage wharves and levees within the
city limits, it collected the money claimed
by the plaintiff by virtue of the following
ordinance passed by the city council.
THE common council of the city Of st. Paul DO
section of an ordidance entitled Wharfage" ap
proved October 8, 1869. be and the same is hereby
repealed and said section shall be, and is hereby
re-Ordained as follows:
''q'hat every steamboat or other vessel which may
land or anchor at, OF in front Of any landing
wharf or pier within the limits of the city of 81
Paul shall for each and every trip be charged and
shall pay the city OF 81. Paul the of four and
one half cents per ton such steamboat or vessel
may register or measure. Provided that no boa
shall pay more than twenty dollars for each trip
and ell boats may remain at the wharf landing Oh
pier three days from the date OF her arrival without
extra charge. Provided said boat or other vesse
kfr.AC~ ln,r.
any other vessel D."
And the ordinance further alleges thai
the amount collected was compensation
for the use of the leyee or wharf built BY
the city, and was paid voluntarily BY
plaintiff,
The suit was tried by the court withou
jury.
Nelson 1.-THE question involved here
aside from that Of voluntary payment, is
Does this ordinance of the city OF St Pau
conflict with that clause of the constitution
of the United States which forbids stat
to levy any duty of tonnage without cen
sent of congress?
In the case of cannon versus che City o
New Orleans, Goth Wallace, Rep. SIT,
the United States supreme court laid dowI
rule of decision which covers this case,
The New Orleans ordinance charged
rate per ton on all the steamboats, whicl
shall moor or land in any part of the port
The ordinance of the defendant fixe
the rate per ton ION all vessels which ma
land or anchor at or IN front of any land
ing within the city limits: Provided n
boat shall pay more than twenty dollar
for each trip" -
The latter ordinance fixes the tax upo
vessel, whether at landing or anchor
age in the middle of the stream in front @
landing, and imposes the tax for the trip
1t is, therefore, not charge for the use c
a wharf, but for the privilege of ARRIVING a
and departing from the port.
The court further said that "WhatsC
ever more general or more limited VIE
nay be entertained Of the true meaning {
this clause of the constitution, it is perfec
ly clear that duty or tax, or burden in
posed under the authority of the stat'
which is,by the law imposing it, to be me;
sured by the capacity of the vessel, and
in its essence a contribution claimed #
: the privilege of arriving and departir
from port of the United States, is With
the prohibition"
This ordinance, by its terms, impos,
the tax upon every vessel that stops IN Il
! port IN front ola landing.
The testimony is conclusive that Il
payment was not made voluntarily.
The following notice was served up(
the defendant at the time the tax impose
I was enforced, and under an arrangeme
! made between the city attorney and Il
secretary of the company, it was to co
S tinue during the year 1870, and was I
newed and continued during the year 1877
Name of Steamboat"
3 Wharfmaster etc.: Sir-You and the officers
the city under whose directions you act are here
notified that the wharfage this day paid to the 0
8 by the above-named steamboat is paid under p
test and all that may hereafter be paid is hereby p
u tested against; and payment Is now made, and "
!. hereafter be made, without waving the right
the owners of said steamboat to recover the sa
from the city by an action at law.
[Signed --, Clerk OF
The supreme court of the United Sta
on the Tonnage tax case IL Wallace; pa
,sl 2O9) said IF the tax is illegal \
and paid under protest or W
80 notice that the party intends to test I
40 validity OF the tax he may recover it ba
in such action.
The plaintiff occupies the position
LOS fined by the court and is entitled to
~ cover.
So Judgment will be entered in its fa
. and against the defendant for the sum
SIS, 1887, with costs.
at Mr.. Justice Miller, although not slit
" in this case, approves this dicision.
US Sudden Death.
y. We regret to hear OF the death of !
r. John Bosold, of Rural township. He