The North Cape
District Court, N.D. Illinois
This was a libel by Jacob Johnson and others against the schooner North Cape, George Von Hollen and the city of Chicago, for possession of the schooner North Cape. The admitted facts are that said schooner was on the 1st day of May, 1874, owned by the libel-lants, Jacob Johnson, Spier Amundson, and Neis Peterson — Johnson owning one-half, and the others each a quarter interest — Johnson and Amundson residing in this city, and Peterson at Lake View.
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This was a libel by Jacob Johnson and others against the schooner North Cape, George Von Hollen and the city of Chicago, for possession of the schooner North Cape. The admitted facts are that said schooner was on the 1st day of May, 1874, owned by the libel-lants, Jacob Johnson, Spier Amundson, and Neis Peterson — Johnson owning one-half, and the others each a quarter interest — Johnson and Amundson residing in this city, and Peterson at Lake View. Said vessel was registered, enrolled, and licensed under the laws of the United States in the office of the collector of the port of Chicago, in…
1Opinion of the Court
BLODGETT, District Judge.
It is claimed by the libellants that the levy upon this vessel was void: First, because this is a “duty of tonnage,” within the meaning of the third clause of section 10 of the first article of the constitution of the United States. Second, because said assessment and .warrant for the collection of said tax are void, for the reason that the assessment is against the vessel itself by name, and the warrant runs against the vessel and not against the owner.
On the part of the respondents. Von Hollen and the citv of Chicago, it is urged, by way of demurrer to the libel,…
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