People ex rel. Board of State Harbor Commissioners v. Roberts

Citations

• 3 Cal. Unrep. 372
• 25 P. 496
• 1891 Cal. LEXIS 1274

Syllabus

<p>Shipping.—Wharfage Charges Imposed by the Board of Harbor commissioners on the owner of a barge and lighter, which were kept within a slip constructed, repaired, and dredged by the board, are valid, and not in violation of the constitution of the United States, article 1, section 10, which prohibits a state from levying duty on tonnage without the consent of Congress.</p> <p>Shipping—Wharfage Charges.—Where a Lighter Actually Received the support of a wharf in discharging into and loading from a vessel tied to the wharf, the fact that the vessel lay between the wharf and the lighter, and that the owner of the vessel had paid regular wharfage rates, does not affect the right of the board of harbor commissioners to collect wharfage rates from the owner of the lighter.</p> <p>Shipping—Wharfage Charges—Discrimination.—While act of March 17, 1880, which amends act of March 15, 1878, so as to exempt vessels engaged solely in domestic commerce from the wharfage tax, to which vessels engaged in interstate commerce still continue subject, may be invalid, in so far as it discriminates against vessels engaged in interstate commerce, yet the board of harbor commissioners, which is the agent of the state, with only such powers as are conferred on it by the legislature, cannot disregard the amendment, and collect wharf-age taxes from vessels engaged solely in domestic commerce.</p>