Legal Opinion

State ex rel. Gottlieb v. Western Union Telegraph Co.

Supreme Court of Missouri

Decided December 3, 1901PublishedCited by 20 opinions

Appeal from Jackson Circuit- Court. — Hon. Jno. W. Henry, Judge. (1) The point is made that by the acceptance of the foregoing act of the Federal Government the telegraph company “is constituted a government agency within the meaning of the law exempting such agencies from the burdens of taxation imposed by the States.”

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Appeal from Jackson Circuit- Court. — Hon. Jno. W. Henry, Judge. (1) The point is made that by the acceptance of the foregoing act of the Federal Government the telegraph company “is constituted a government agency within the meaning of the law exempting such agencies from the burdens of taxation imposed by the States.” In this counsel are in erro-r for two reasons : First, because the privileges conferred upon companies of this character by the act of the Federal Government, carries with it no exemptions whatever from the ordinary, burdens of taxation of a State in which they may own or…

1Opinion of the CourtMarshall, J.

This is an action at law by the collector of J ackson county to recover $1,027.22 back-taxes for the year 1899.

The answer contains two defenses: First, that the State Board of Equalization intentionally discriminated against defendant in assessing its property at its full value, while other property in the State is only assessed at from thir*511ty-five to forty per cent of its value; and, second, that the assessment as to the item “all other property, $856,400.56,” is an assessment on its franchise, and that the only franchise it- exercises in this State is derived from an act of Congress…

2Cases cited18 opinions

  1. Leloup v. Port of MobileSupreme Court of the United States · 1888
  2. Cummings v. National BankSupreme Court of the United States · 1880
  3. Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
  4. Western Union Telegraph Co. v. Attorney General of CommonwealthSupreme Court of the United States · 1888
  5. Telegraph Co. v. TexasSupreme Court of the United States · 1882

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3Cited by20 opinions

  1. Boonville National Bank v. SchlotzhauerSupreme Court of Missouri · 1927
  2. Jefferson City Bridge & Transit Co. v. BlaserSupreme Court of Missouri · 1927
  3. Mayor of Baltimore v. HurlockCourt of Appeals of Maryland · 1910
  4. State v. Western Union Telegraph Co.Supreme Court of Minnesota · 1905
  5. Missouri Power & Light Co. v. City of BucklinSupreme Court of Missouri · 1942

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