Marine Lighterage Corp. v. Luckenbach S. S. Co.

Motion by defendant to dismiss plaintiff’s complaint which asks for a declaratory judgment. Plaintiff has no justifiable grievance against defendant. Wharves, though aids to commerce, are local in their nature, and may be regulated by the States where situated in the absence of congressional legislation, provided such State statutes do not discriminate against interstate commerce in the matter of charges and do not impose a tonnage duty or tax prohibited by section 10 of article 1 of the Federal Constitution. Wharfage is the charge made for the use of a wharf by the owner thereof by way of…