Page:Federal Reporter, 1st Series, Volume 2.djvu/385

 878 FEDEBAIi REPORTER. �amend chapter 320 of the lawB of 1872, entitled 'An act to amend an act in relation to the rates of wharfage, and to regulate piers, wharves, bulk-heads and slips in the cities of New York and Brooklyn.* " Its first section amends section 1 of the act of 1872, so as to read as before recited. The act of 1875 repeals nothing. For the reasons before stated, it must he regarded as an amendment to the act of 1860, in respect to rates, and as not taking away any lien given by the act of 1860. The act of 1860 is to be read as containing the rates prescribed by the act of 1875, with the provision for a lien. �Before reaching the question as to whether there was a lien on the John M. Welch, enforceable in admiralty, by a suit in rem, either by the maritime law or by the state statute, it is nec- essary to examine the provisions of the act of 1875 to see ■whether that act is a valid and constitntional enactment, in its application to that boat. The district court held that it is. �Objection is made to that clause of the act of 1875 which Bubjects canal -boats navigating the canals of the state of New York to a less charge for wharfage than canal-boats not navigating the canals of that state. It is urged that that clause makes a discrimination between the property of citi- zens of different states; that it discriminates against the claimants' barge in this case, because it did not come through a canal of this state, but came from Baltimore, with a load of coal, through other canals ; and that the reasonable com- pensation for the wharfage of two canal-boats of equal tonnage must be the same, although one cornes through the canals of this state and the other comes through other canals. It is contended that the statute is in conflict with section 8 of article 1 of the constitution of the United States, which pro- vides that the congress shail have power "to regulate com- merce with foreign nations, and among the several states ; " and with section 9 of article 1, which provides that "no pref- erence shall be given, by any regulation of commerce or rev- enue, to the ports of one state over those of another;" and with section 10 of article 1, which provides that "no state shall, without the consent of congress, lay any duty of ton- nage;" and with section 2 of article 4, which provides that ����