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jurisdictioninjunctionregulationlevy
jurisdictionregulationlevy

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Peete v. Morgan, 86 U.S. 581, 1873 WL 16047, 22 L.Ed. 201, 19 Wall. 581

Facts

Morgan, a citizen of New York and owner of steamers operating between Louisiana and Texas, filed a bill to enjoin Peete, the health officer at Galveston, from collecting quarantine fees imposed by Texas law. The law required vessels to pay a fee based on tonnage upon arrival at quarantine stations, which Morgan contested as unconstitutional. The case arose from the enactment of a Texas law in 1870 that aimed to raise revenue for quarantine regulations.

Morgan, a citizen of New York-and the owner of two lines of steamers, registered and enrolled in that city, and running from ports in Louisiana to ports in Texas, and back to the ports whence they sailed,-filed a bill in the court below to enjoin one Peete, health officer at the port of Galveston, from the future collection of quarantine fees, exacted under the act abovementioned, from all his vessels coming to the quarantine ground of the said port.

Issue

Can a State levy a tonnage tax on vessels owned in foreign ports, and entering her harbors in the pursuit of commerce, in order to defray the expenses of her quarantine regulations?

Can a State levy a tonnage tax on vessels owned in foreign ports, and entering her harbors in the pursuit of commerce, in order to defray the expenses of her quarantine regulations?

Rule

The power to establish quarantine laws rests with the States, but they cannot impose duties of tonnage without the consent of Congress, as such duties are prohibited by the Constitution.

The power to establish quarantine laws rests with the States, and has not been surrendered to the General government is settled in Gibbons v. Ogden.

Analysis

The court analyzed the Texas law in light of the Constitution's prohibition against states imposing tonnage duties. It referenced previous rulings, particularly in Gibbons v. Ogden, to establish that while states have the authority to enact health regulations, they cannot do so in a manner that imposes a tonnage tax without congressional approval. The court concluded that the Texas law was unconstitutional as it imposed a duty of tonnage.

It is evident that the power to establish quarantine regulations cannot be executed without the State possesses the means to raise a revenue for their enforcement, but it is equally evident that the means used for this purpose must be of such a character as the restrictions imposed by the Federal Constitution upon the taxing power of the States authorize.

Conclusion

The court affirmed the lower court's decree, granting a perpetual injunction against the collection of the quarantine fees imposed by Texas law.

DECREE AFFIRMED.

Who won?

Morgan prevailed in the case because the court found that the Texas law imposing a tonnage tax was unconstitutional and outside the state's jurisdiction.

Morgan prevailed in the case because the court found that the Texas law imposing a tonnage tax was unconstitutional and outside the state's jurisdiction.

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