County of Traverse v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Proceedings in the district court for Traverse county to enforce payment of delinquent taxes, phe defendant railway company duly filed objections to the enforcement of payment against the lands described. The cause was submitted to Powers, J., on a stipulation of facts, and he found in favor of defendant. Judgment was entered in pursuance of the findings, and the case was then certified to the supreme court.
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Proceedings in the district court for Traverse county to enforce payment of delinquent taxes, phe defendant railway company duly filed objections to the enforcement of payment against the lands described. The cause was submitted to Powers, J., on a stipulation of facts, and he found in favor of defendant. Judgment was entered in pursuance of the findings, and the case was then certified to the supreme court. The following may now be considered as rules established by the great weight of authority: (1) The taxing power being a prerogative of government, its surrender or alienation will never…
1DissentCanty, J.
I cannot concur in the foregoing opinion.
The Minnesota & Pacific Railroad Company was created by Laws 1857 (Ex. Sess.), c. 1, passed May 22, 1857. By section 16 of the act, certain'lands granted to the state bj congress to aid in the construction of railroads were granted to this company. Section 18 provided that the company should pay into the treasury of the territory 8 per cent, of its gross earnings “in lieu of all assessment whatever.” It further provided:
“Said land granted by said act of congress hereby authorized to be conveyed to the said Minnesota & Pacific Eailroad Company shall be…
2Cases cited15 opinions
- St. Louis & San Francisco Railway Co. v. GillSupreme Court of the United States · 1895
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
- Morgan v. LouisianaSupreme Court of the United States · 1876
- Chesapeake & Ohio Railway Co. v. MillerSupreme Court of the United States · 1885
- State ex rel. Marr v. StearnsSupreme Court of Minnesota · 1898
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