Southern Railway Co. v. Greene
Supreme Court of the United States
ERROR. TO.. THE SUPREME "COURT OF THE STATE- OF AUÁBAMA. Action was brought in the City Coúrt of Birmingham, Alabama, by the Southern- Railway Company to recover the sum of $22,458.36, for so much money received by the defendant as*1 judge of the Probate Court of Jefferson County, Alabama, which sum the plaintiff claimed was,wrongfully exacted from. it under the provisions of the act of March 7, 1907. . This-sum is the amount taxed against the Southern Railway Company under…
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ERROR. TO.. THE SUPREME "COURT OF THE STATE- OF AUÁBAMA. Action was brought in the City Coúrt of Birmingham, Alabama, by the Southern- Railway Company to recover the sum of $22,458.36, for so much money received by the defendant as*1 judge of the Probate Court of Jefferson County, Alabama, which sum the plaintiff claimed was,wrongfully exacted from. it under the provisions of the act of March 7, 1907. . This-sum is the amount taxed against the Southern Railway Company under >the said legislative act, and, under the practice in Alabama, if illegally exacted, it may be recovered. This act is…
1Opinion of the Court
Mr. Justice Day,
after making the foregoing statement, delivered the opinion of the court.'
The Supreme Court of Alabama placed its decision upon the ground that the act of March 7, 1907, should be sustained as a ■ lawful tax, not upon the franchises of a foreign corporation, as property, but as a tax “to add to'the license tax already required an additional privilege tax for the continued exercise of the corporate franchises'in the State.” 49 Sq. Rep. 408.
The errors assigned attack the validity of the, act of March 7, 1907, upon .grounds, among others, that it violates the Fourteenth Amendment…
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