Legal Opinion

Ware & Leland v. Mobile County

Supreme Court of the United States

Decided April 6, 1908No. 173, 174PublishedCited by 63 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF ALABAMA. The facts arc stated in the opinion. The license tax in question, sought to be collected from the plaintiffs in error, is a burden upon and a regulation of interstate commerce, and in conflict with Article I, Section 8, paragraph 3, of the Constitution of the United States. Champion y.

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ERROR TO THE SUPREME COURT OF THE STATE OF ALABAMA. The facts arc stated in the opinion. The license tax in question, sought to be collected from the plaintiffs in error, is a burden upon and a regulation of interstate commerce, and in conflict with Article I, Section 8, paragraph 3, of the Constitution of the United States. Champion y. Ames, 188 U. S. 351; Hanley v. Kansas City Southern R. R. Co., 187 U. S. 619; Stradford v. City Council of Montgomeryf 110 Alabama, 619; Stockard v. Morgan, 185 U. S. 27; Brenym, v. Titusville, 153 U. S. 289; Caldwell v. North Carolina, 187 U. S'. 622.

1Opinion of the CourtJustice Day

These cases were submitted together and are in all respects similar, and involve the constitutional validity of subdivision 40 of an. act of the legislature of Alabama imposing license taxfcs, “to better provide for the revenue of the Státe,” General Acts, 1903, p. 207, which reads as follows:

“For each person engaged in the business of buying and selling futures for speculation or on, commission, either for themselves or for other persons, and each place of .business commonly known as cotton exchanges, or stock exchanges, and sometimes (jailed ‘bucket shops,’ in towns and cities of twenty…

2Cases cited8 opinions

  1. Paul v. VirginiaSupreme Court of the United States · 1869
  2. Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
  3. Hooper v. CaliforniaSupreme Court of the United States · 1895
  4. Leloup v. Port of MobileSupreme Court of the United States · 1888
  5. Telegraph Co. v. TexasSupreme Court of the United States · 1882

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3Cited by63 opinions

  1. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  2. Western Live Stock v. Bureau of RevenueSupreme Court of the United States · 1938
  3. United Mine Workers v. Coronado Coal Co.Supreme Court of the United States · 1922
  4. Hall v. Geiger-Jones Co.Supreme Court of the United States · 1917
  5. Hill v. WallaceSupreme Court of the United States · 1922

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