Osborne v. Mayor of Mobile
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before Hon. John Elliott. The facts are stated in the opinion. The judgment of the court below violates the following provisions of the constitution of the United States, and the acts of Congress made on the subjects to which these provisions of said constitution relate, that is to say : Article 1, paragraph 3 of section 8, which provides that Congress shall have power to regulate commerce with foreign nations, and among the…
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Appeal from tbe Circuit Court of Mobile. Tried before Hon. John Elliott. The facts are stated in the opinion. The judgment of the court below violates the following provisions of the constitution of the United States, and the acts of Congress made on the subjects to which these provisions of said constitution relate, that is to say : Article 1, paragraph 3 of section 8, which provides that Congress shall have power to regulate commerce with foreign nations, and among the several State's, &o., and paragraph 18 of the same section. Article 1, paragraph 5 of section 9, which provides that no tax…
1Opinion of the CourtPeters, J.
The record shows that the-oorporate government of the city of Mobile, in this State, passed an ordinance on the 2d day of March, 1866, of which the following sections were a part, viz:
“ Sec. 2. Every express company or railroad company who shall do business in the city of Mobile, and whose business extends beyond the limits of the State, shall pay an annual license of five hundred dollars, which shall be *497deemed a first grade license; if within the limits of the State, one hundred dollars, and shall be deemed a second grade license; and if within the limits of the city of Mobile, fifty…
2Cases cited12 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Paul v. VirginiaSupreme Court of the United States · 1869
- Brown v. MarylandSupreme Court of the United States · 1827
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- Smith v. TurnerSupreme Court of the United States · 1849
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3Cited by9 opinions
- City of Newton v. AtchisonSupreme Court of Kansas · 1883
- Ex parte City Council of MontgomerySupreme Court of Alabama · 1879
- Fretwell v. City of TroySupreme Court of Kansas · 1877
- Harmon v. City of ChicagoIllinois Supreme Court · 1892
- Smalley v. City of OneontaSupreme Court of Alabama · 1950
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