Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-29


Jones. IN
4 On q warrant for debt being is sde
mand for a fee OF 49, due said IArnSN
Master from said efendan T., as t pc
OF O. barge plying from III Phllad elphIasS
Pal to Nor folk !. said barge avn III
rived IN the port OF Norfolk 4 81 tysof orS
about September IS, 1885, and herr ma ssS#5s
ter having refused to- pay the rhoESSs
Masters Zee imposed I by the law sssgls s
this State. vs. 81.
The claim is based upon tn e Follow S
ing sections OF the Code of ytrgi mia
Section 2015.s The said b board s( BoSssidss
OF Harbor Commissioned shall aI'4S2s
point annually \ three Harb SIS
tiers, may prescribe their N dut lies, s u ~ s5
their COMP ensatio Ion. and reno q sIias
at pleasure. ftgS Ss rs sssSas
Masters shall BIO prescribed IN by tn is
Court. Council, 6or other thort ty,s aps7sss
pointing them" "a .Sss Ss
The Board OF Harbor Commissioners
pursuant to the above aut hort ~, pfes
scribed the following fees for the Hars
hor Masters Harbor5 Regula tons paEsH
ID u u N q;
They shall 81 ba : IS 2 en- tiled nit os
receive from n1l vessels In the d baS t$ngS
trade arriving here whose 4length sSaG&Hs
lyall IS Is seventy Ave- feet And suHwa az
a. Zee OF IS, to- be paid only Ia once
lWeIVe-Il
$s It was nrovenfthat the barge In qlisss$
ton is a vessel engaged In the coastings
( trade, and that her leng tn was over hsss
prescribed minimum OF seven y-ftva,s
feet, and hence that under the aplhaSfs&
ty OF the act the fee was due from hers
1t was claimed for the plnlntlff i'd adj sli
mitted blythe defendant that the SbaTge9
the exceptions enumerated inIsect i6nS
2021. 81 M ssls
This section provides that the folioWsss
ing vessels shall che exempt from feess;
unless they request the services OF said
Harbor Master; Vessels OF the IIntteds
states navy. or revenue serYics; aEmsdS
vessels OF war belonging Sto a fore gifisS
country; all other ByesselsS less than&
twenty tons burden; all vesselsi en- RagsdS
In the Dismal Swamp or Alhemafls and 1
Chesapeake Canal trade ;jaiI vessels ar455ii
irving In the ports OF sss Norfolk and
portsmouth from inland voyagess Nall5s
vessels repor ting for bunk er% co All " o.:
cargo coal; all pack Ell boa tt nm id steh
boats, regularly ply Ing. Il between n said
ports and other ports Of this State. TORS
the conveyance and accomm dc DAT l6if Of.
passengers; vessels putting inS to said2
ports -- passag SfrU;Sa
places UP the apeakeS Bay or my
Ing under a constingS license; and puys
ting into said ports for supplies; andss
all vessels In distress.
DEFENDANTS CLAIM. z, sFS
But 1t is claimed for Z hess defend araks:
that the law imposing and all In orfzinfsss
the fee Is unconstitutiona1a and void forS
the following reasons:
Y l. That the HarborE faster not 4 haH
Ing been requested to q peri orIns Re- aS1ys
fact, performed none, there tfsS nd ISL ne|
to support the imp ttiony Of Sa fss q antfs
that the attempt to do 80 Id 5iuga ffsck8
DUTY on3tonnage,S levied by the StSfs
OF Virginia, In violation 4 OF 8rticIs 81 IS
section s. u TO- subsec. the UhtsedE5
States, without the consentsgo at 81 s6 SS:
gress, to lay any such a ty, \ and SsSs IL
q. That In. the {prOYisi on thai S III iSVes1Y
sells arriving In til csc ports from iii Sss
land voyages, and all ste8nnboa q s5aSG
plying between these md OH
shall be exempt from sfees,N here M az
direct discrim alton Iii favor "a
gfnia ports and 8yirg taS 4 pro i,iSy ri fsssSs
against the ports and prod liz Isl 81 other
States. and there fore Is ofat fvgSS IS fs
article 4, section 2, tof the Unit d 4 tafaa
State shall be Hent iads tS ail aHSSVss
leges and SlmmliTI ties OF items ifI pa
several s tate saTtd rsiciaS iAS 6S0f foN&
i: No State shall & ma ks ssorsM on, 6Enss
any law which shall abridge Tic 1855
i ne! (; or Immnnfties of cttiza sbess
It Is contend led that aifaca suYi b rSS IND
law craft arriving from IA tVfrgifiia " .pe "A
pay no fees, and q the aa ma sarFiS NM as
from the ports sof q er statess ffHs
Teal cargo. re rect iTed "a o SnaSs
Continued OF Second Paagesy N
sSsa
/ SCsL[,ASSlE1Ifts Tic soEN b
by DEP III {s