by John Marshall Harlan

“ The circumstance that the defendants in error paid the Merchants' Wharf-boat Association its regular charges for landing at or against its boat does not affect the right of the city to demand from vessels the wharfage dues prescribed by the ordinance in question. It does not appear that the city, by granting the privilege which it did to that association, waived or intended to surrender its claim for wharfage from vessels landing against the association wharf-boat. All freight received by or discharged from such vessels necessarily passed over the city's wharf to its destination. ”

“ This question is disposed of by the opinion just rendered in Packet Company v. St. Louis, supra, p. 423. It is, in substance, the same question as that decided in Packet Company v. Keokuk, 95 U.S. 80. ”