Legal Opinion · Concurrence

State v. U. S. & Canada Express Co.

Supreme Court of New Hampshire

Decided December 5, 1880Published

Debt, on Gen. Laws, c. 63. The question of the constitutionality of the statute was reserved.

1Concurrence

The question is of the constitutionality of chapter 63 of the General Laws, by the terms of which every railroad expressman is required to pay annually to the state, for a license, either two per cent. of the gross receipts of his business, or five dollars per mile. The unconstitutionality of an unequal division of public expense among New Hampshire tax-payers has been settled too long, and by too many decisions, to be a subject of debate or doubt. The question is, not whether an unequal division is constitutional, but whether this statute is a provision for dividing public expense among…

2Cases cited35 opinions

  1. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  2. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  3. Railroad Co. v. HusenSupreme Court of the United States · 1878
  4. Henderson v. Mayor of the City of New York Commissioners of Immigration v. North German LloydSupreme Court of the United States · 1876
  5. Crandall v. NevadaSupreme Court of the United States · 1868

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