Jones v. City of Portland
Supreme Court of the United States
ERROR TO THE SUPREME JUDICIAL COURT OP THE STATE OP MAINE. The case is stated in the opinion. The legislature may not make a use public by declaring it such. Brown v. Gerald, 100 Maine, 251, 373; Lawton v. Steele, 152 U. S. 133; Fallbrook Irrigation District v. Bradley, 164 U. S. 112, 159; Allen v. Jay, 60 Maine, 124, 136. The business of selling fuel is essentially private and taxes laid to support it are unconstitutional.
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ERROR TO THE SUPREME JUDICIAL COURT OP THE STATE OP MAINE. The case is stated in the opinion. The legislature may not make a use public by declaring it such. Brown v. Gerald, 100 Maine, 251, 373; Lawton v. Steele, 152 U. S. 133; Fallbrook Irrigation District v. Bradley, 164 U. S. 112, 159; Allen v. Jay, 60 Maine, 124, 136. The business of selling fuel is essentially private and taxes laid to support it are unconstitutional. Citizens’ Savings Loan Assn. v. Topeka, 20 Wall. 655; State v. Switzler, 143 Missouri, 287; Brooks v. Brooklyn, 146 Iowa, 136; Baker v. Grand Rapids, 142 Michigan, 687;…
1Opinion of the CourtJustice Day
By an act of the legislature of the State of Maine approved March 19, 1903, P. L. 1903, c. 122; § 87, c. 4, Revised Statutes of Maine, 1903, it was provided:
“Any city or town may establish and maintain, within its limits, a permanent wood, coal and fuel yard, for the purpose .of selling, at cost, wood, coal and fuel to its inhabitants. The term ‘at cost,’ as used herein, shall be construed as meaning without financial profit.”
The City of Portland, Maine, voted to establish and maintain within its limits a permanent coal and fuel yard for the purposes of selling at-cost wood, coal and fuel to…
2Cases cited8 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- Clark v. NashSupreme Court of the United States · 1905
- Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
- Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
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3Cited by100 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
- United States v. CaliforniaSupreme Court of the United States · 1936
- Chas. Wolff Packing Co. v. Court of Industrial RelationsSupreme Court of the United States · 1923
- Standard Oil Co. v. City of LincolnSupreme Court of the United States · 1927
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