John J. Sesnon Co. v. United States
Opinion
Lead Opinion
Morrow, J.
(after stating the facts as above).
The controversy in these two cases turns mainly upon the question as to what constitutes the act of “prosecuting or attempting to prosecute the business of handling freight in connection with the use of a public wharf.”
By the “Act to define and punish crimes in the district of Alaska and to provide a Code of Criminal Procedure for said district,” approved March 3, 1899 (Act March 3, *542 1899, c. 429, 30 Stat. 1253 , 1336), it was provided in section 460:
“That any person or persons, corporation or company prosecuting or attempting to prosecute any of the following lines of business within the district of Alaska shall first apply for and obtain license so to do from a district court or a subdivision thereof in said district, and pay for said license for the respective lines of business and trade as follows, to wit: * * * Public docks, wharves, and warehouses, one hundred dollars per annum.”
By the “Act making further provision for a civil government for Alaska, and for other purposes,” approved June 6, 1900 (Act June 6, 1900, c. 786, § 29, 31 Stat. 321 , 330, 331), the provision above cited, describing the lines of business subject to a…