Stockton v. Powell

Citations

• 29 Fla. 1

Syllabus

<p>1. The purpose for which, under the act of June 11, 1891, entitled “An act to authorize Duval county to improve the navigation of the St. Johns river and to issue bonds in aid thereof,” the proceeds of the bonds are authorized to be applied, is, “the work of improving the navigation of the St. Johns river, and removing obstructions therefrom, within the county of Du-val.” This work is a county purpose, within the meaning of the provisions of Section 0, Article IX of the Constitution, that the Legislature shall authorize the several counties to assess and impose taxes for county purposes, although the river is a navigable stream and public highway and may run, from its mouth in the county, and hundreds of miles beyond the limits of the county and through other counties, and commerce is carried on as an entirety upon it from its mouth towards its source for the distance stated, and thence back, and a large portion of its commerce is to or from other States and foreign countries, and the commerce and business of the river confined within the limits of the county are yery small and of no importance. The statute is not in conflict with the constitutional provisio i designated.</p> <p>2. Commerce with foreign nations and among the States embraces not only subjects which are national iu their character and require, in ordi r to preclude discriminating regulations by the ; ■ States, uniformity of regulation affecting all the Stat-s, but also such matters within the purview of such commerce, as are local in their nature or operation, and can be properly regulated by provisions adapted to their particular circumstances. The power of Congress to regulate commerce with foreign nations and among the States is exclusive only in so far as it relates to ihose subjects of such commerce that fall within the former or national class. As to this class the States have no power to act even in the absence of congressional regulation, but as to any subject within the other or local clas