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Clyde Mallory Lines v. State of Alabama ex rel. State Docks Commission, 296 U.S. 261, 56 S.Ct. 194, 80 L.Ed. 215, 1936 A.M.C. 1

Facts

The State Docks Commission, a state agency, adopted rules and regulations for the Port of Mobile, including a schedule of harbor fees for vessels using the port. Clyde Mallory Lines operates vessels over 500 tons and was charged a fee of $7.50 for harbor services. The Commission's authority to impose these fees was not disputed, but the appellant argued that the fee violated the Constitution by being a duty of tonnage and a burden on interstate commerce. The Supreme Court of Alabama found that the fee was for policing services necessary for the safe operation of the harbor.

Appellee, the State Docks Commission, is a state agency authorized to conduct ‘the operation of all harbors and seaports within the State’ and to ‘adopt rules not inconsistent with the provisions of this Act for the purpose of regulating, controlling and conducting the said operation’ and with power ‘to fix from time to time reasonable rates of charges for all services and for the use of all improvements and facilities provided under the authority of this Act.’

Issue

Whether the harbor fee imposed by the State Docks Commission constitutes a duty of tonnage prohibited by the Constitution or an undue burden on interstate commerce.

But appellant insists that its imposition is prohibited by article 1, s 10, cl. 3, of the Constitution, which provides that ‘no State shall, without the Consent of Congress, lay any Duty of Tonnage,’ and that it is a burden on interstate commerce forbidden by the commerce clause (Const. art. 1, s 8, cl. 3).

Rule

The prohibition against duties of tonnage is intended to prevent states from imposing taxes on the privilege of access to their ports, while charges for services rendered to vessels, such as policing and regulation, are permissible.

The prohibition against the imposition of any duty of tonnage was due to the desire of the framers to supplement article 1, s 10, cl. 2, denying to the states power to lay duties on imports or exports.

Analysis

The court determined that the $7.50 fee was not a duty of tonnage but rather a reasonable charge for policing services that benefit all vessels using the harbor. The fee was deemed necessary for the safety and efficient movement of vessels, and the court distinguished it from other charges that might be considered duties of tonnage. The court concluded that such fees do not impede commerce and are within the state's regulatory authority.

We accept the conclusion of the state court that it is charged for a policing service rendered by the state in the aid of the safe and efficient use of its port, and we address ourselves to the question whether such a fee is forbidden by the Constitution either because it is a ‘duty of tonnage’ or an unwarranted burden on interstate commerce.

Conclusion

The court affirmed the judgment of the Supreme Court of Alabama, ruling that the harbor fee was lawful and did not violate the Constitution.

Affirmed.

Who won?

The State Docks Commission prevailed in the case because the court upheld its authority to impose harbor fees as necessary for the regulation and safety of the port.

The Supreme Court of Alabama found that the contested fee was a charge made for the policing of the harbor under the rules adopted by the appellee to insure the safety of vessels and the dispatch of shipping within the port.

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