People v. Pacific Rolling Mills Co.

Citations

• 60 Cal. 323
• 1882 Cal. LEXIS 459

Syllabus

<p>Habbob Commissionebs—Whabeage—Stbeet.—The Harbor Commissioners have no authority to collect wharfage for merchandise landed at a wharf constituting no portion of a street.</p> <p>Id.—Id.—Id.—Section 2 of the Act of March 28, 1868 (Stat. 1867-8, p. 432) can not be construed to mean that the owner shall be compelled to collect wharfage from himself for the use of his own -wharf, and hold the amount thus collected as agent of the Harbor Commissioners.</p> <p>Id.—Id.—Id.—The provision of the fourth section of the Act of March 30, 1868 (Stats. 1867-8, p. 716), that “nothing in this Act shall be construed to interfere with the collection of dockage and wharfage by the State,” is no new grant of power to the Harbor Commissioners. It is simply a precautionary reservation that nothing contained in the Act shall be construed to interfere with the powers of the Harbor Commissioners with respect to collections, as the same are already conferred and defined.</p> <p>Id. —Id. —Id. —Tonnage—Constitutional Law.—(Mybick, J., concurring.) Whenever the State shall have constructed or acquired wharves in the interest of commerce it may collect wharfage as proprietor for the use of the wharves. To attempt to impose “wharfage ” (so-called) in advance of such construction or acquisition would be an attempt to lay a duty on tonnage in violation of Article One, Section Ten, Constitution of the United States.</p>