Fargo v. Michigan
Supreme Court of the United States
ERROR TO THE -SUPREME COURT OE MICHIGAN. This was a writ of error to the Supreme Court of the State of Michigan to bring here for review a decrée sustaining a demurrer to the complainant’s bill'in chancery, and dismissing the bill.
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ERROR TO THE -SUPREME COURT OE MICHIGAN. This was a writ of error to the Supreme Court of the State of Michigan to bring here for review a decrée sustaining a demurrer to the complainant’s bill'in chancery, and dismissing the bill. The complainant brought suit as President of the Merchants’ Dispatch Transportation Company, averring that said company was a joint stock association, organized and existing under the laws of the'State of New York, and by the laws of that state authorized to sue in the name of its president. The bill, so far as it presented the questions on which this court can…
1Opinion of the CourtJustice Miller
The conténtion of the plaintiff in error is, that the statute of Michigan, the material parts of 'which are recited in the bill, is void as a regulation of commerce among the states, which, by the Constitution of the United States, is confided exclusively to Congress. Art. 1, § 8, clause 3. It will be observed that the bill shows that the tax finally assessed by7 the auditor of state against the transportation company was for the $28,890.01 of the gross receipts which the company had returned to the commissioner as money received for the transportation of freight from points without to points…
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