Legal Opinion

Pacific Railroad v. Maguire

Supreme Court of the United States

Decided April 20, 1874PublishedCited by 19 opinions

Error to the Supreme Court of Missouri, the question involved'having been the right of a tax-collector of the State of Missouri to levy a tax authorized by an ordinance of the State named, on the property of the Pacific Railroad Company, a corporation incorporated by the said State.

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Error to the Supreme Court of Missouri, the question involved'having been the right of a tax-collector of the State of Missouri to levy a tax authorized by an ordinance of the State named, on the property of the Pacific Railroad Company, a corporation incorporated by the said State. The, ease was thus: By an act of March 12th, 1849, the railroad company was incorporated, as already mentioned, with a capital of $10,000,000,. for the purpose of building a rail toad across the State, from the city of St. Louis, on the eastern line of the State, to a point indicated in the western line. Authority…

1Opinion of the Court

*42• Mr. Justice HÜNÍ

delivered the, opinion of the court.

'The first question is this: By the acts organizing this company, 'and by the acts loaning the credit of the State and'the proceedings under the same, was an agreement cre- . ated on the part of the State that the Pacific road should ‘not be taxed until.it was builtand finished and had declared-a dividend,- and that for two years after it was finished it should be liable to taxation only in common with other property of the State and at the same rate ?

'The fight, of taxation is a sovereign right, and presumptively beloijgs to the State in…

2Cited by19 opinions

  1. Hughes v. State of OregonOregon Supreme Court · 1992
  2. McBride v. Allegheny County Retirement BoardSupreme Court of Pennsylvania · 1938
  3. State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
  4. In Re Assessment of First Nat. Bank of ChickashaSupreme Court of Oklahoma · 1916
  5. Wilmington & Weldon Railroad v. AlsbrookSupreme Court of North Carolina · 1892

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