Page:Federal Reporter, 1st Series, Volume 10.djvu/369

 IEOPLE V. COMPAGNIE GENERALE TRANSATLANTIQUE. 357 �People of THE State of New York v. Compagnie Generale Trans- atlantique.* �{Circuit Oourt, S. D. New York. February 9, 1882.) �1. Constitution AL Law — State Tax on Alien PAssEi^oBna. �The act of the legislature of the state of New York, passed May 31, 1881, and known as chapter 432, Laws 1881, which provides that a tax of one dollar be levied upon every alien passengerwho shall corne by vessel from a foreign port to the port of New York, and that out of said tax the commlssioners of emi- gration of New York shall expend all such sums as may be necessary to enable ■■.hem to execute the inspection laws of the state of New York, with the execu- tion of which they are or may be charged, which inspection laws have reference to the examination of said passengers, and that any balance of said tax shall be paid into the treasury of the United States, is a regulation of commerce with foreign nations, and as such is unconstitutional and void. �2. Samk—Bame— Inspection Laws. �Such act cannot be maintained under article 1, § 10, of the constitution of the United States, as a law laying a duty on imports to execute an inspection law. "Imports" and "inspection laws," within themeaningof that section, have reference solely to merchandise, and do not include personsi �Henderson v. The May or, 92 U. S. 259, cited and applied. �On Demurrer to Complaint. �Lewis Sandera and George N. Sanders, for plaintiffs. �Frederick J. Coudert, for defendant. �Blatchfoed, g. J. This suit was commenced in the court of com- mon pleas for the city and county of New York, and was removed into this court. The complaint was put in in the state court. It alleges that the defendant is and was, at the times thereinafter men- tioned, a corporation formed under the laws of France, and owner of the vessels thereinafter named; that the defendant, by vessels from a foreign port, brought to the port of New York alien passen- gers, for whom a tax has not heretofore been paid by the vessels, on the dates, from the ports, and to the number stated in the com- plaint, being in June, July, and August, 1881, by nine vessels on sixteen voyages, all from Havre or Marseilles, the number of alien passengers being, in all, 6,214; that the master, owner, agent, and consignees of such vessels, each and all, failed and negleeted to pay, or cause to be paid, to the Chamberlain of the city of New York, within 24 hours after the arrivai of each of said vessels at the port of New York, or at any time, the sum of one dollar for each and every one of said passengers so brought, as aforesaid, nor has any part �*Ueported by S. Nelson White, Esq., of the New York bar. ��� �