Clyde Mallory Lines v. Alabama,
296 U.S. 261 (1935)

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U.S. Supreme Court

Clyde Mallory Lines v. Alabama, 296 U.S. 261 (1935)

Clyde Mallory Lines v. Alabama ex rel. State Docks Commission

No. 43

Argued November 15, 1935

Decided December 9, 1935

296 U.S. 261


1. Article I, § 10, Clause 3, of the Constitution, providing that no State shall, without the consent of Congress, lay any duty of tonnage,

Page 296 U. S. 262

embraces taxes and duties which operate to impose a charge for the privilege of entering, trading in, or lying in a port. P. 296 U. S. 264.

2. Invalidity under this clause depends upon the basis of the exaction, not upon measure by tonnage. P. 296 U. S. 266.

3. This clause does not prevent a reasonable charge to defray the expense of policing service rendered by the State to insure safety and facility of movement of vessels using its harbors. P. 296 U. S. 266.

4. State harbor regulation, and charges to defray the cost, though they may incidentally affect foreign or interstate commerce, are not forbidden by the commerce clause so long as they do not impede the free flow of commerce or conflict with any regulation of Congress. P. 296 U. S. 267.

229 Ala. 624, 159 So. 53, affirmed.

Appeal from a judgment affirming a recovery of harbor fees, in an action by the Docks Commission against the Steamship Company.

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