Page:Federal Reporter, 1st Series, Volume 2.djvu/371

 364 FEDERAL REPORTER. �Beoeok and another v. The Baege John M. We[,ch. �(Gireuit Court, E. D. New York. April 22, 1880.) �Whabfage — Lien for— Ex Parte Easton, 5 Otto, 68, Discussed. — Con- struction to be given to the decision of the supreme court in Ex part^ Easton, 5 Otto, 68, in the case of a boat or vessel belonging to the state in which the wharf is situated, considered, and views jxpressed by dis- trict court in this case dissented from. �8ame — Vesselb Coming from Without the State — Inteb-Statb Com- merce— Oh. 405, Laws N. t., 1875.— Ctiapter 405, p. 482, Laws of New York, 1876, and the acts of which it is amendatory, in so far as they authorize a charge for wliarfage, in the case of certain boats coming from without the state, additional to that allowed to be made in the case of boats of the same character engaged exclusively in navigating waters within the state, is invalid, as an unlawful taxation of inter-state com- merce, and the lien attempted to be given for such wharfage charges cannot be enforced. �Bame — Lien Under Statutb — Right Independbnt of Statuts not Dbcided. — The libel in this case claiming for wharfage solely under the laws of New York, and the only evidence being as to the statutory right and lien therefor, and it being JielcL that there ia no valid statute flxing any rate that can be charged, the questions of a reasonable com- pensation, and the right of a wharf owner to a general maritime lien therefor are not decided. �JohnJ. Allen, for libellants. �Edward D. McCarthy, for claimants. �Blatchfobd, C. J. On the 20th of October, 1876, the libellants filed a libel in admiralty, in the district court of the United States for the eastern district of New York, against the barge John M. Welch, in a cause of wharfage and dock- age. It alleged that the libellants, being the lessees, and in possession of a wharf or pier, at or near the foot of Bank etreet, in the city of New York, and the slip or basin appear- taining thereto, and, in accordance with the laws of the state of New York in such behalf made and provided, authorized to collect wharfage and dockage from vessels lying at said wharf or pier, or within said slip or basin, furnished for said vessel a berth, which she occupied from including October 9, 1876, to and including October 20, 1876; that thereby there became due and owing to the libellants, from said vessel, ����