Railroad Co. v. Peniston
Supreme Court of the United States
Appeal from the Circuit Court for the District of Nebraska; the case being thus: By act of Congress of July 1st, 1862,* entitled “An act to aid in the construction of a railroad and telegraph line from the Mississippi River to the .Pacific Ocepm, and to secure the government the use of the same for postal, military, and other purposes,” Congress incorporated certain individuals}.their associates and successors, as the “Union''. Pacific Railroad Company,” with authority to…
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Appeal from the Circuit Court for the District of Nebraska; the case being thus: By act of Congress of July 1st, 1862,* entitled “An act to aid in the construction of a railroad and telegraph line from the Mississippi River to the .Pacific Ocepm, and to secure the government the use of the same for postal, military, and other purposes,” Congress incorporated certain individuals}.their associates and successors, as the “Union''. Pacific Railroad Company,” with authority to build a¡ continuous rai|road and telegraph from a point on the one bun-. 'dredth meridian to the western boundary of…
1Opinion of the CourtJustice Strong
That the taxing power of a State is one of its attributes of sovereignty; that it exists independently of the Constitution of the United States, and underived from that instrument; and that it may be exercised to an unlimited extent upon all property, trades, business, and avocations existing or carried on within the territorial boundaries of the State, except so far as it has been surrendered to the Federal government, either expressly or by necessary implication, are propositions that have often been asserted by this court. And in thus acknowledging the extent of the power to tax belonging…
2Cases cited2 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
3Cited by225 opinions
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Smyth v. AmesSupreme Court of the United States · 1898
- Knowlton v. MooreSupreme Court of the United States · 1900
- Metcalf & Eddy v. MitchellSupreme Court of the United States · 1926
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
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