Page:Federal Reporter, 1st Series, Volume 9.djvu/694

 XEATHERS V. AIKEN. ���679 ���Leathers ». AiKEN, Adm'x.* �{Circuit Court, B. D. Louisiana. Decemb«r 21, 1881.) �1. CON8TIT0TIONAL Law — Whaufa&e Tax— Pkohibiiion ok MaificrPAt Corpo- rations. �A municipal corporation cannot exact a charge lipon vcssels for entering or leaving a port, or remaining therein, nor lovy a tax on vesscls and water-craft entering its port, and using the wharves and landings, for the general rev- ernic of such corporation. i �Oannony.Ifeii! Orleans, 20 Wall. 617. �Pachet G&mpany v. Keokuk, 95 U. B. 80. �a BaMB— SAMB — POWJER OF MUNICIPAL Coi!rORATION> ' �A municipal corporation, owning improved wharves and other artiflcw,! means, which it inaintains at its own cost, for the benettt of those engaged in conimerce ui)on the public navigable waters of the United States, may charge and collect, from parties uaing its wharves, such reasonable fee as will fairly remunerate it for the use of its property. �PaeketCompany.TT. 8t. Louis, lOQXS.ta.^iS. �Yicksburgh V. Tolln, Id. 430 �In Eqtiity. �Chas. S. Rice, for complainant. �W, S. Benediat and Q&o. Denegre, for defendant. �Pakdeb, g. J. This case bas been submitted on the bill, answer, and afiidavits, and under a raie nisi, to determine wbether an injunc- tion, pending the suit, shpuld issue. The evidence and arguments offered cover a very wide range, but the facts it is necessary to consider in reaching a decision can be succinctly stated as follows : �(1) The complainant is the owner and manager of certain steam-boats, mak- ing weekly trips to the port of New Orleans, landing, tying up, loading, and unloading at the artiflcial wharves and levees belonging to said city. �(2) ihe city of New Orleans, by ordinance and contract, has flxed the rate of charges for the use of the wharves and levees according to the tonnage of the steam-boats using them, and has farmed ont to the defendant, Aiken, the revenues derived therefrom for all the space lying in front of the first, second, third, and fourth' municipal districts of the city, excepting therefrom such portions as have been leased or granted to other parties for private or exclu- sive use — this exception coveriug over one-fourth of the front of said four districts. �(3) The defendant, Aiken, in consideration of this grant, undertakes tokeep all of said wharves and levees — except private or exclusive wharves — in good condition, making repairs according to certain specifications, to build certain new wharves and bulk-heads wheu ordered, also, according to specifications, to light the whole front of said districts with the electric liglit, and, in addition, to pay to the city of New Orleans, in monthly instalments, $40,000 per year, $30,000 of which is to be devoted to the payment and maintenance of a harbpr �♦Reported by J. p. Hornor, ESq., of the New Orleans bar. ��� �