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Pacrrro Cossr Srmm-Snrr Co. v. Bonn or Bnnnosn Com’ns.
r · (Oircuit.Uou1·t, D. Oalifornia. September 17, 1883.)
Inrnasrars Commncn—Powmn or run Burn ro Rmoumrrm.
,The state board of railroad commissioners has no power to regulate or inter-
" ferewith the transportation of persons or merchandise, by a steam-ship com-
·pa.ny, between ports within the state, if they be in transit to or from other
. states, or when in navigating the ocean the vessel goes beyond a marinelcague
from the shore. This power has been conferred upon congress, and is ex-
elusive.
Inlilquity. i ·
Joseph P. Hoge and John J. Roche, for plaintiff.
N. P. Chipman, for defendants. —
Before Frnnn, Circuit Justice, and Sawrnn, Circuit Judge.
Frnnn, Justicel" The plaintiff is a corporation formed under the
laws of California for the transaction of the business of a steam-ship
company on the Pacino coast, and in its bays and harbors, and on the
racist ocean. V It is the owner of a large number of steam-ships en-
gaged in the coasting trade, making voyages from San Francisco, in
California, to Astoria and Portland, in Oregon; to ports on Puget
sound, in Washington territory, and to ports in British Columbia,
and from San Francisco to San Diego, in California, touching at in-
termediate ports on the coast.
Allthe steam-ships in making their voyages navigate the Pacino
ocean more than a marine league from theshore. They carry goods
sent from Europe, Asia; and states east of the Rocky mountains, upon
through bills of lading via San Francisco. Some of the goods are
transferred to the vessels in the original packages, and some after
the packages have been opened. Passengers, with and without
through tickets from other states and from Europe, are carried on the
steam-ships northland south from San Francisco. Passengers and
freight are also carriedin these vessels from ports in California to
other ports in the state.; ’All the vessels are enrolledand licensed to
carry on the coahting trade underthefacts of congress. ` _
By the constitution of California, adopted in 1879, all railroad,
canal, and other transportation companies are declared to be common
carriers and subject to legislative control. Provision is also made for
the election of three persons called railroad commissioners, whose
duty it is to establish rates of charges for transportation of passen-
gers and freight by such companies, and publish the same from time
to time; to examine their books, records, and papers; to hear and
determine complaints against them; to punish for contempt of the
V ’ orders and processes of the commissioners, and enforce their decis-
ions; and to provide a uniform system of accounts to be kept by
the companies.
'“l1e complaint in this case is that the defendants, the commis-