Honolulu Rapid Transit & Land Co. v. Wilder
Supreme Court of the United States
APPEAL' FROM THE SUPREME COURT OP THE TERRITORY OP Hawaii. The facts are stated in the opinion. The franchise, ratified by Congress and approved by the President,’is an irrevocable'contract, providing in definite terms for the division of the revenue of the company betweén the Territory and the company, and fixing the charges deductible from the income, which charges include taxes on the physical property, but not on the franchise.
Read the full summary
APPEAL' FROM THE SUPREME COURT OP THE TERRITORY OP Hawaii. The facts are stated in the opinion. The franchise, ratified by Congress and approved by the President,’is an irrevocable'contract, providing in definite terms for the division of the revenue of the company betweén the Territory and the company, and fixing the charges deductible from the income, which charges include taxes on the physical property, but not on the franchise. The term railway as used in the act is defined to be the physical structure and not an intangible right, and hence the “completed and equipped portions liable to…
1Opinion of the CourtJustice Holmes
délivered the opinion of the court.
This is an appeal from a judgment affirming a decision of the Tax Appeal Court and sustaining a tax upon the appellant. The appellant objected to the tax on the grounds that its franchise was derived from .an act of Congress and therefore was exempt from taxation, and that its charter also exempted it in terms. These objections, taken below, were argued at length before us.
The charter was granted by the Republic of Hawaii on July 7, 1898, the day on which Congress passed the resolution of annexation, and doubts having been felt as to the right of the…
2Cases cited5 opinions
- Kawananakoa v. PolyblankSupreme Court of the United States · 1907
- New York Ex Rel. Metropolitan Street Railway Co. v. New York State Board of Tax CommissionersSupreme Court of the United States · 1905
- Matter of MoranSupreme Court of the United States · 1906
- Murphy v. UtterSupreme Court of the United States · 1902
- President of the Miners' Bank v. Iowa Ex Rel. District Prosecuting AttorneySupreme Court of the United States · 1851
3Cited by5 opinions
- Fogel v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953
- Texas Oil & Gas Corp. v. HagenCourt of Appeals of Texas · 1984
- Panama Railroad v. BosseSupreme Court of the United States · 1919
- Southern Railway Co. v. GreeneSupreme Court of Alabama · 1909
- Colarossi v. HarrisDistrict Court, E.D. Texas · 2019