Western Union Telegraph Co. v. Town of Winnsboro
Supreme Court of South Carolina
Before Mr. Justice Gary, Action by Western Union Telegraph Co. against Town of Winnsboro. The following is the order appealed from: “This is an application for a temporary order enjoining the town of Winnsboro from collecting a license tax of $35 against the Western Union Telegraph Company, ‘for business done exclusively within the town of Winnsboro, but not including any business done to or from points without the State, or interstate commerce, and not including any…
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Before Mr. Justice Gary, Action by Western Union Telegraph Co. against Town of Winnsboro. The following is the order appealed from: “This is an application for a temporary order enjoining the town of Winnsboro from collecting a license tax of $35 against the Western Union Telegraph Company, ‘for business done exclusively within the town of Winnsboro, but not including any business done to or from points without the State, or interstate commerce, and not including any business done for the government of the United States, its officers or agents,’ on the ground that said tax is discriminatory…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. W. C. Benet,
acting Associate Justice in place of Mr. Justice Gary, disqualiñed. There is only one question properly before the Court in this appeal, namely: Was it error in Mr. Justice Gary to refuse to enjoin the collection of a license tax imposed on the Western Union Telegraph Company, petitioner, by the town of Winnsboro, respondent?
It appears that the petitioner applied to Mr. Justice Gary, at chambers, during vacation, for an order to enjoin the collection of a license tax of thirty-five dollars imposed on the petitioner, the telegraph…
2Cited by11 opinions
- Ware Shoals Mfg. Co. v. JonesSupreme Court of South Carolina · 1907
- Southern Ry. Co. v. QueryDistrict Court, E.D. South Carolina · 1927
- Bomar v. City of SpartanburgSupreme Court of South Carolina · 1936
- Bank of Johnston v. Prince, Co. Treas.Supreme Court of South Carolina · 1926
- Hay v. LeonardSupreme Court of South Carolina · 1948
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