People ex rel. State Board of Harbor Commissioners v. Steamer America

By the Court, Rhodes, J,: The complaint states that the defendant is indebted to the plaintiffs for the wharfage of the defendant, at the wharf of the plaintiffs, in the City of San Francisco, in a certain sum, and that sum is, by law, payable in gold coin.

The defendant’s counsel presents the point that the statute under which the action is brought (Sec. 2 of Water Front Act of 1864, Stats. 1863-4, p. 139) is unconstitutional. The ground taken is that this is a case of admiralty and maritime jurisdiction, and that “ as the Judiciary Act of 1789, passed in pursuance of section two of Article IH of the Constitution of the Hnited States, provides that the District [679]Courts * * * shall have exclusive original cognizance of all civil cases of admiralty and maritime jurisdiction,” etc., the Legislature of this Sta+e was without power to confer upon its own Courts jurisdiction of such cases. Before this point can be reached, it must be determined that this is a case of admiralty and maritime jurisdiction. It is said by Mr. Conkling (1 Conkling on Adm. 19) that “ the admiralty jurisdiction, in cases of contract, depends primarily upon the nature of the contract, and is limited to contracts, claims and service purely maritime, and touching rights and duties appertaining to commerce and navigation.” (See Be Lovio v. Boit, 2 Gall. 398; The Thomas Jefferson, 10 Wheat. 428; and other cases cited.) A cause of action, to be cognizable in admiralty, whether arising out of a contract, claim, service or obligation, or liability of any kind, must relate to the business of commerce and navigation.

The defendant’s counsel, in stating the facts of the ease, says that “ the action is brought to recover wharfage while the steamer was engaged in navigating the high seas, and conveying passengers and freight to and from this port and ports in Central America.” But it does not appear from the complaint that the steamer was engaged in commerce and navigation. This fact, or one of similar import, must be stated in the pleadings, in order to make a case falling within the admiralty and maritime jurisdiction. The Court cannot take judicial notice that a vessel found at a wharf is engaged in navigating the high seas, or the navigable inland waters of the State, or is employed in trade, commerce or navigation, of any sort or in any manner. That is a fact of jurisdictional consequence, and must be expressly alleged or be necessarily inferable from the other facts alleged. The precedents of libels in admiralty, although “ there is no special custom extant ” with respect to their form, state this fact, and it is very generally found in all the reported cases. This fact not appearing in the case, the question presented by the defendant’s counsel does not arise.