Page:Federal Reporter, 1st Series, Volume 2.djvu/389

 382 FEDERAL REPORTER. �thereto, of the products of other states, more onerous public burdens or taxes than it imposes upon the like products of its own territory. In the case referred to, Guy, a citizen of Virginia, as master and part owner of a vessel, brouglit from Virginia to Baltimore, in Maryland, a cargo of potatoes, raised in Virginia, and landed his vessel at a public wharf in Balti- more, belonging to the city, and discharged therefrom pota- toes and was charged wharfage, which he refused to pay. He was sued by the city, and the judgment for the amount was recovered against him. The claim arose under an ordi- nance of the city, authorized by an act of the legislature of Maryland. The ordinance made the master or owner of a vessel landing or depoaiting on the wharf articles other than the production of the state of Maryland, liable for the wharf- age fixed by the ordinance on such articles. The supreme court held that the ordinance and the act were, in the above respect, in conflict with the power of congress over the subject of commerce. In the decision it is said : "It is admitted that Buch wharfage dues a.re net and never have been assessed against parties or vessels bringing to that port potatoes or other articles grown in the state of Maryland. The argu- ment in support of the statute and ordinance upon which the judgment below rests is that the city, by virtue of its owner- ship of the wharves in question, has the right, in its discre- tion, to permit their use to ail vessels landing thereat with the products of Maryland ; and that tbose operating vesseia laden with the products of other states cannot justly corn- plain, so long as they are not required to pay wharfage fees in excess of reasonable compensation for the use of the city's property. This proposition, however ingenious or plausible, is unsound both upon principle and authority. The munici- pal corporation of Baltimore was created by the state of Maryland to promote the public interests and the public con- venience. The wharf at which the appellant landed his vessel was long ago dedicated to public use. The public, for whose benefit it was acquired, or who are entitled to participate in its use, are not alone those who may engage in the transpor- tation to the port of Baltimore of the products of Maryland. ����