Legal Opinion · Dissent

United States Shipping Board Emergency Fleet Corp. v. Delaware County, Pa.

Court of Appeals for the Third Circuit

Decided January 11, 1927No. 3525, 3526Published

1DissentWoolley, Circuit Judge

I am constrained to dissent from the judgment of the court on a principle first declared perhaps in McCulloch v. Maryland, 4 Wheat. (17 U. S.) 316, 4 L. Ed. 579, and consistently followed ever since. In that case the Supreme Court distinguished this principle from the dominant one that federal agencies are not subject to state taxation and summarized its views in the concluding paragraphs of the opinion, thus:

“The court has bestowed on this subject its most deliberate consideration. The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden,…

2Cases cited3 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Railroad Co. v. PenistonSupreme Court of the United States · 1873
  3. United States Shipping Board Emergency Fleet Corp. v. Western Union Telegraph Co.Court of Appeals for the D.C. Circuit · 1926

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