Spaulding v. McNary
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Moore. This is a suit by H. W. Spaulding, F. E. Spaulding, and É. H. Spaulding, partners, as the Spaulding Manufacturing Company, against John H. McNary, as District Attorney of the Third Judicial District of Oregon, and certain of his deputies, and B. F. Mulkey as District Attorney of the First Prosecuting Attorney District of this State, to enjoin the maintenance of criminal proceedings against the plaintiffs’…
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From Marion: William Galloway, Judge. Statement by Mr. Justice Moore. This is a suit by H. W. Spaulding, F. E. Spaulding, and É. H. Spaulding, partners, as the Spaulding Manufacturing Company, against John H. McNary, as District Attorney of the Third Judicial District of Oregon, and certain of his deputies, and B. F. Mulkey as District Attorney of the First Prosecuting Attorney District of this State, to enjoin the maintenance of criminal proceedings against the plaintiffs’ agents for alleged violations of a statute. The complaint, stripped of a vast amount of wholly immaterial matters,…
1Opinion of the CourtJustice Moore
It is maintained inter alia that, since it is admitted that the plaintiffs were and are citizens and residents of another state and engaged therein in business, and as a branch thereof consists in selling by agents, their manufactured products in Oregon, the license fee prescribed by the statute referred to is a tax, undertaken to be imposed in contravention of the third clause of Section 8 of Article I of the Constitution of the United States, to regulate commerce among the several states, and the enactment under consideration is therefore void as to plaintiffs and invades their property…
2Cases cited15 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Leloup v. Port of MobileSupreme Court of the United States · 1888
- Asher v. TexasSupreme Court of the United States · 1888
- Hall v. DunnOregon Supreme Court · 1908
- Salem Mills Co. v. LordOregon Supreme Court · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Camas Stage Co. v. KozerOregon Supreme Court · 1922
- Chan Sing v. AstoriaOregon Supreme Court · 1916
- Kroner v. City of PortlandOregon Supreme Court · 1925
- Winslow v. FleischnerOregon Supreme Court · 1924
- Loveland v. WarnerOregon Supreme Court · 1922
12 more not listed; retrieve them via the Exa API.