Hammond Packing Co. v. Montana
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA. The facts, which involve the constitutionality under the due process and equal protection clauses of the Fourteenth Amendment of a statute of Montana imposing a license tax on the carrying on of the business of selling oleomargarine, are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA. The facts, which involve the constitutionality under the due process and equal protection clauses of the Fourteenth Amendment of a statute of Montana imposing a license tax on the carrying on of the business of selling oleomargarine, are stated in the opinion. The statute providing for a license tax of one cent per pound on sales of oleomargarine, butterine and imitation cheese denies to plaintiff due process of law and the equal protection of the laws in violation of the Fourteenth Amendment. The Supreme Court of the State decided that the…
1Opinion of the CourtJustice Holmes
This is an action to recover a license-tax of one cent per pound sold for carrying on the business of selling oleomargarine. The. answer, with some allegations not now material, admitted the facts and set up that § 4064 of the Political Code of Montana as amended by § 2763, Revised Codes, by which the tax was imposed, violates the Fourteenth Amendment. That is the only question raised here, so that other incidental or preliminary matters need not be mentioned. Judgment was entered for the State on the pleadings and the judgment was affirmed by the Supreme Court of the State.
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2Cases cited4 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- McCray v. United StatesSupreme Court of the United States · 1904
- Quong Wing v. KirkendallSupreme Court of the United States · 1912
- Capital City Dairy Co. v. OhioSupreme Court of the United States · 1902
3Cited by26 opinions
- Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
- McGoldrick v. Berwind-White Coal Mining Co.Supreme Court of the United States · 1940
- Great Atlantic & Pacific Tea Co. v. GrosjeanSupreme Court of the United States · 1937
- Price v. IllinoisSupreme Court of the United States · 1915
- Puget Sound Power & Light Co. v. SeattleSupreme Court of the United States · 1934
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