Inman Steamship Co. v. Tinker’s Empirical Analysis

Citation profile

4 district · 18 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Tonnage, in our law, is a vessel’s ‘internal cubical capacity in tons of one hundred cubic feet each, to be ascertained’ in the manner prescribed by Congress. Act of May 6, 1864, c. 83, 13 Stat. 70 -72; Rev. St. U. S. p. 804. § 4153 [U. S. Comp. St. 1901, p. 2812], ‘Tonnage duties are duties upon vessels in proportion to their capacity.’ Bouv. Law Diet. ‘Tonnage.’ The term was formerly applied to merchandise. Cowel, in his Law Dictionary, published in 1708, thus defines it: ‘Tonnage (tonnagium) is a custom or impost paid to the king for merchandise carried out or brought in ships, or such like vessels, according to a certain rate upon every ton, and of this you may read in the statutes of 12 Edw. IV. c. 3; 6 Hen. VIII. c. 14’, &c. The vital principle of such a tax or duty is that it is imposed, whatever the subject, solely according to the rule of weight, either as to the capacity to carry, or the actual weight of the thing itself. In this law of the State there are several important points that must not be overlooked. The charge is not exacted for any services rendered or offered, to be rendered. If the vessel enter the port and immediately take her departure, or load or unload, or make fast to any wharf, either of these things disjunctively brings her within the act, and makes her liable to the burden prescribed.” ¡! * * * * * * “The State, in passing this law imposing a tonnage duty, has exercised a power expressly prohibited to it by the Constitution. In that particular ”

   1 later decision quote this exact passage · from the majority
   e.g. Way v. New Jersey Steamboat Co.

2. ““The following fees shall be collected under this act, and no others: All ships or vessels of the United States of one hundred tons burden or more, except lighters, tugs, barges, and canal-boats, sound and river steamboats employed on regular lines, and all ships or vessels that are permitted by the laws of the United States to enter on the same terms as vessels of the United States, which shall enter the said port of New York, or load or unload, or make fast to any wharf therein, shall pay one and one-half of one per cent per ton, to be computed from the tonnage expressed in the registers of enrolments of such ships or vessels respectively; all other foreign ships or vessels which shall arrive at and enter the same port, and load or unload, or make fast to any wharf therein, shall pay three cents per ton to be computed on the tonnage expressed in the registers or documents on board. Where difficulties arise between vessels of less than one hundred tons burden, and the captain of the port or a harbor-master shall be called upon to settle the same, the vessel, canal-boat, barge, or lighter in fault shall pay two dollars. Such fees shall be paid by the masters, owners, or consignees of such ships or vessels, at the office of the captain of the port, or to persons authorized by him to collect the same, within forty-eight hours after the arrival of such ship or vessel. In default of such payment, the same having been duly demanded, such masters, owners, or consignees, on whom suc”

   1 later decision quote this exact passage
   e.g. Way v. New Jersey Steamboat Co.

3. ““Art. 1, § 10. ‘No State shall without the consent of Congress, lay any imposts or' duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the Treasury of the United States, and all such laws shall be subject to the revision and control of the Congress.’ ‘No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Way v. New Jersey Steamboat Co.