The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-23
UNITED STATES SUPREME COURT.
PORT DUTIES UNDER THE LAWS OF NEW
YoRK-THE COMMERCE. CLAUSE OF THE CON.

NEUTRALITY-SUSPICIOUS. DUTIES.
WASHINGTON, August %, 1877.
No. 937. The Inman Steamship Company Limited,
appellant, vs. Edward &. Tinker, Acting Captain OF
the Port Of New York-Appea from tho Circuit Court
Of the United states Tor the Southern District of New
York.-Ths Is oil In equity, brought enjoin the
appellee from collecting port charge I'm posed upon
the vessels OF the appellant the harbor OF New ork
by act Of the Legislature Of the State q copy OF
which is annexed 10 The bill aud made part OF it. The
bill sets forth tho following facts:-The appellant is a
foreign corporation snd the steamships
each Of which entors the port OF New York once
within every weeks The vessels are respectively
OF burden OF 1850 tons, 2,s2a tons and of 2 7l2
tons ALI these vessels belong to the port Of Liver
pool, In England, and run between that port
and the port OF New York. The character and
object Of the of the Legislature complained Of are
Indicated IN Its title, which IT, can act defining aud
regulating tho powers duties and compensation of the
Captain Of the Port and Hsrbor Masters OF tho port OF
New York, passed May - 1882 three. afths being
present. amended April IL. 1861" TIE sixth section
declares, "The following lees shall be collected under
TINS ACT and no otbers:--All ships or vessels OF
the United States OF lUO burden or more except
lighters tugs, bargcs and canal boats Sound aud river
steamers boats uar lines and all sh,ps
or vessels that are permitted ny the laws OF the United
states TO onser on tho terms vessels OF the
United States which shall cnlsr the port of New YORK
load or unload or mako last any wharf therein
shall pay one and one-hali oil one cent per ton, 70
DO computed from the tonnage expressed In the reg
tcrs OF cnromens OF such ships or vessels
respectively, and rl other foreign ships which shall
arrive AZ ana enter The Same port load unload or
make last TO any wharf therein shall pay three cents
per ton, DO computed tho tonnage expressed in
the register documents on board, &C. In default
OF prescribed II Is declared thar the master
owner or consignee upon whom demand OF payment
may have been made shall pay double the amount of
such iocs to be recovered IN the the Captain
OF the Port The amount which tho appellant was re-
CURED to pay and did pay was and half pcr
ton upoDthe tonnage Of their three Yesses respcct-
pori Tho bill seeks TO relieve them OF this burden in
future. Tho respondent demurred to the bill I'm tho
Court below Tho demurrer sustained ana the bill
dismissed The case was, therefore, removed 10 lnis
The following of the OF the United
States invoked behalf OF the appellant as sus.
tainlpg the bill -
ARrIcLk I, skcriox 1O--No State shall without tina
exports what be absolutely necessary Tor
executing its inspection laws and tina produca all
shall be tho use tho Treasury the United State
ali such laws shall be subject to the revision
No State shall without the consent Con lay apv
duty Of TONNAGE keep troops or ships OF
State or with foreign Power or engage In war unless
actually Invaded, in such Imminent danger will
admit OF delay
not claimed that Congress ever consented TO tho
passage Of tho Of 1867 OF tho amendatory act
OF 1865 II rs insisted by the counsel the appel.
liant that the charge here In question regulation ot
commerce which II was not competent Tor the state
prescribe and also tonnage duty which Tho State
ierbidden to impose. Our remarks will be con-
nned to the latter proposition Tho cass acation of
tho powers OF the national government the several
categores into which they may be resolved, and the
rights powers OF the States In our complex system
oil polty have often CONSIDERED by this Court
that II unnecessary upon TIM occasion 10
tho subject tGiIman Va the City OF Philadelphia,