County of Mobile v. Kimball
Supreme Court of the United States
. Appeal-from- the Circuit Court of the United States for the Southern District of Alabama. - By an act of the General Assembly of Alabama, entitled “ An Act for the improvement of the bay and harbor of Mor bile,” approved.
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. Appeal-from- the Circuit Court of the United States for the Southern District of Alabama. - By an act of the General Assembly of Alabama, entitled “ An Act for the improvement of the bay and harbor of Mor bile,” approved. Feb. 21, 1860, the collector of customs for the port of Mobile, the mayor of the city of Mobile, and the president of the board of revenue for the county of Mobile, and their successors in office, were appointed ex officio a board to be Styled the Board of Harbor Commissioners, for the purpose.of causing the bay and harbor qf Mobile to be deepened and improved.- To aid the…
1Opinion of the CourtJustice Field
delivered the opinion of the court.. The several positions.taken by the appellant for the reversal" of the decree of the Circuit Court may be resolved .into these four: 1st, That.the- act of the legislature of Alabama of Feb. 1.6, 1867, “to provide for the improvement of the" river, bay, and harbor of Mobile,” is invalid, in that it conflicts with the" •commercial power vested in Congress; 2d, that if the act be not, for this reason, invalid, the expenses for the work authorized by it could not, under the Constitution of the State then in force, be imposed upon the county of Mobile, the work…
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