Page:Federal Reporter, 1st Series, Volume 2.djvu/377

 370 PEDBEAL bbpoete::;. �must be general and uniform. The excesa of wharfage de- manded of ail other canal-^oats than those navigating New York waters is a duty of tonnage. The law is, moreover, 8uch a restriction of commerce as a state has no right to make, even in the absence of federal legislation. It is also repugnant to the federal constitution, because its practical effect, as was its undoubted intention, is to draw a distinc- tion between small craft owned by citizens of the state of New York, and the same kind of vessels owned by citizens of other states, in favor of the former. �The statute above referred to, enacted May 6, 1870, (Laws of New York, 1870, c. 707, § 1,) was in these words : "It shall be lawful to charge and receive, within the cities of New York and Brooklyn, wharfage and dockage at the foUowing rates, viz. : From every vessel that uses or makes fast to any pier, wharf or bulk-head, within said cities, or makes fast to any vessel lying at such pier, wharf or bulk-head, or to any other vessel lying outside of such vessel, for every day, or part of a day, as follows : From every vessel of 200 tons burden and under, two cents per ton; and from every vessel over 200 tons burden, two cents per ton for each of the first 200 tons, and one-half of one cent per ton for every additional ton, except that ail canal-boats navigating the canals in this state, and vessels known as North river barges, shall pay the same rates as heretofore ; and the olass of sailing vessels now known as lighters shall be at one-half the first above rates; but every other vessel making fast to a vessel lying at any pier, wharf or bulk-head within said cities, or to another vessel outside of such vessel, or at anchor within any slip or basin, when not receiving or discharging cargo or ballast, one-half the first above rates, and no boat or vessel shall pay less than 50 cents for a day, or part of a day; and from every vessel or floating structure other than those used for transportation of freight or passengers, double the first above rates. And every vessel that shall leave a pier, wharf, bulk-head, slip or basin, with- out first pajdng the wharfage or dockage due thereon, after being demanded of the owner, consignee, or person in oharg« ����