“ It is contended that as the business of towing carried on by the plaintiff company is done upon the navigable waters of the United States, and under authority of a license granted by the United States, the state has no jurisdiction or authority to levy the tax in question, and that it is in reality and substance an attempt to enforce a license tax for the privilege of navigating the public waters of the United States,-a privilege already granted under the general government. ”

“ It is apparent from a consideration of § 184 that the tax here imposed upon transmission and transportation corporations is for the privilege of carrying on the business in a corporate capacity within the state of New York, for which an annual excise tax or license fee is exacted equal to 5/10 of 1 per centum upon the gross earnings on transportation originating and terminating in the state of New York. ”

“ That interstate commerce is necessarily taxed is said to arise from the fact that the business of the company is in fact interstate commerce, as shown by its additional return, form which it appears that vessels for up-river points on the Hudson river are taken by tows, which are made up at a stakeboat located at Weehawken, which is within the territorial limits of New Jersey; that these stakeboats are anchored in the river just below Weehawken ferry, and that the course up the river is in territory of New York and New Jersey. ”