New-York tribune., 1876-03-29
THE HEAD-MONEY TAX.
SUPREME COURT DECISION.


THE COURT.
WASHINGTON. March 2S.-The important opinion
ofthe Supreme Court of the United States ON the
be.d-money laws of New-York and Louisiana, de-
liyered last week Monday, is presented below.
Justice Miller delivered the decision of the Court
1t is the first unanimous conclusion of the Court on
tbis general subject great division having taken
place thereon in ChiefJ Taneys time, as re-
lated in the decision. The opinion Is As follows:
No ssO-John Henderson and Thomas Henderson ap-
pisnts AT William H. Wckham Mayor OF the City OF
Tew-YoTk and the Commissioners OF ~ ~
sontheTn District OF New-York and Nc. 633-Ihe Com
mssioners Of Emigration ag the HSrtn nor & Std yor
Appeal from the Circuit Court OF the Ohitea states ioi
tho District OF Louisiana.
THE ELEVEN POINTS OF THE DECISION
I. The case Of the City of New-York agt Min, IL
Peters 1o3 decided more than that the requirement.
from the master Of vessel OF catalogue OF ms pas
seueers landed city. rendered to the Mayor on
oath with correct description of their names, ae oc
oupaton places Of BIRTH and of last settlemeht, was
police regulation within The power OF the STATE 10 et., &
o. e result Of the passenger cases, How, 1885, was
70 hold that tax demanded OF the master or owner OF
yesei for every such passenger was regulation OF com
merce 10y state iu conflict with the Constitution ana
laws OF the United states, and therefore void. -,
g. These criticised and the weight due 10 'ho
= In Whatever language a statute may be framed It's
purpose and its constitutional validity must DC ue'er
mined by It's natural and reasonable effect an,
s. Hence a statute which imposes a burdensome ana
almost impossible condition on the shlpaGster as pre-
reouisite his landing his passengers, with an altch
five payment small sum OF money Tor eGch one OF
them IS fact tax the shpowner fOf the 1ght 10
land such passengers and IN enect on inc liSseeI n
self since the shpmaser makes HIM pay IL IN ad'anco
as q part OF his fare
q sIcb statute OF state IS regulation Of commerce,
and where applied passengers from foreign countries
z IL no answer the charge that such regulation OF
commerce by state is FORBIDDEN by the Constitution 10
snv tDat H falls within the police power tho Sttcs
for TO Whatever class legislative powers may belong
is prohibited TO tho States If granted exclusively 10
lx lat n
s. onsi il be conceded that there IS class Of legis
laton N'hch NAV afect commerce, both with foreign
ins md between the States in regard which tho
laws OF the States may DO valid IN the absence OF action
nader authority of Congress on the same subjects TINS
can have no reference to which are, their I'd
tlre national. which admit OF uniform system OF
The stsi,tes Of New-York and Louisiana here under
consideration intended 70 regulate eommercsi mat
ters which only OF national bat OF nterhatOh
concern and which are also best regulated ny one UNI
form rule applicable alike TO all the seapoTts 0 the
United states These statutes arc lheIeioio nou, & 20
cause legislation the subjects which they cover con
dded exclusively 10 Congress by the clause OF the NOn
snton which gives that body the rgd 10 regulate
commerce with foreign nations" .s,
TO- The constitutional objection TO ms TAX on passcn
gers IS removed, because the penalty 1Or IurS 70
pay does not accrue until "a hours after he mas i"tI %
ont payment and is in fact for the act OF bringing MN
IL This Court does not this case, undertake TO de
eide whether not state may, IN tie absence oi an
legislation By Congress the same subject, pass
statute strictly limited to defending itself against pau
per convicted criminals and others OF that class bGl Is
Si Opr ~ eIs ,er W f esistton on lie whole Subject
Mr Justice Miller delivered the opinion OF the Court
PART OF THE ACT OF 1924 ONCE HELD VALID
In the of the City Of New-fork against hln re-
ported IN IL Peters lO3 the question of the consttu
tionay Of statute Of the State concerning passengers
I'm vessels coming to the port Of NewYorb consd-
cred by this Court II act passed Feb II, ls2l'
eonsljnc Of several sections The first sectonthe only
one passed upon by The COurt-Tequred the master OF
eyery ship or vessel arriving in the port u New York
nom any country out OF the United states OF IpIn
any other State OF the United states 70 MAKE
report III writing and on eath, "tli1 - Ho'GS ~
after ms arrival TO the Aayor OF iIe Gy, iot %
tho name, place OF birth, last lesal sctt.euent'
age and occupation OF every Tecson 6o9g4t as as
passenger from any county 0at GI n tns tbe y Of New
York into Of the United states, ana oi al persons
on hoard ay otler vessel during the voyage with intent
Of proceeding 10 the City Of Sew-Iork penalty was
Tor every person whose name. place OF bth last legal
ssttemeLt, age, and occupation should De iaSey re-
The other sections required him to give bond on de
mand OF The Mayor TO save harmless the city from all
expense OF support aud maintenance ei such passenger
or to return any passenger deemed lbe 10 become
charge to lis place Of settlement and required each
port OF himself the Mayor stating bis age occupation
piSce where he landed ana the OF the commander
of the vessel We gather from me report Oh inc TSo
that the defendant Mn was sued l2f tle pShaes "a, re-
claimed refusing to make the report required II the
first don division OF opinion was certified by the
Judges Of the Circuit Court on lhe illo % ieoi ~ t 80
act assumes regulate commerce between tie I1flO OF
New-Yors and foreign ports ana Is Weohs''uuoh'u ana
This Court expressly limiting its decision to the first
powers OF the States and not in conflict with the
Federal Consultation. From this decision Mr. justice
Justiee Marshs who lad died between the frs aud
second arguments Of the case luiy concued WIN BIN
IN the view that tie statue OF NcW-l lOrk Was NOI, DC
cause IL was regulation OF commerce 1ofNaden 70 inc
States. ~ . - -
In the Passenger reported in Howard 253, the
branch OF the statute not passed upon in the preceding
case came under consideration in this court ltTSs not
fn the same statute, bat law relating TO the marine
hospital ON Staten Island. IL authorized the Health Com
missioner demand and not paid 10 s1e Tor ahd re-
cover from the OF every vessel arriving III tho
port Of Now-York from foreign port. 81 Do 4or oacL
cabin passenger, ana - Ioi S stSn 81. , - -
each cOstng vessel cents FOR eaGn person On board
These were to be appropriated 10 'hs use OF 'he
The defendant smith, who sued FOR the sum OF
$295 iof refusing 10 pay lor - s'ees@se ~ M Uu
ter demurTed 10 tho declaration on the gounG t the
act Vas eGdy yod 70 From sGs aIsment AGAINST him
affirmed in the Court of ErrOrs OF the state OF
HsT1ork me he oueson SSGG O' was brought to this
cour 1t lero held at the January term, l54 tha
the statute was repus 10 she Constitution and laws
NJ the United States, and therefore vOld-7 Howard
BIZ Immediately after this decision inc state OF New
York modified her statute on that subject win view
no doubt TO avoid Tho constitutional objection and
amendments and alterations have continued TO be made
a. the law now stands the master owner OF every
vessel landing passengers from foreign port IS bound
10 make report similar to the one rected III INC stature
held 10 DO valid in the of NewYork against Min.
and on his report Map is to indorse demand upon
the master ownSr that he gYe a D0hd Tor every
passenger landed In the city In The penal sum OF $500,
Conditioned 70 indemnify the Commissioners oi Emgra-
ton, and every county cty, ana town IN tne state
AGAINST am expense the relief support OF the per
son named ia the bond for four years thereafter
Bur the owner oonsignee commute for such bond,
and be released from giving IL, by paying within "a
hours landing the the s1 OF 81 %
iIe sum paid within the ~ hours penalty OF $500
incurred which is madc lien on The vessel,
by attachment at the sh1 oi inc commissioners oi LINZ