Baldwin v. City Council
Supreme Court of Alabama
APPEAL from Montgomery Circuit Court. Tried before Hon. James Q,. Smith. On the 6th day of January, 1873, the city council of Montgomery passed an ordinance levying a tax of one-fourth of one per cent, on the capital stock of national banks, and made it the duty of the clerk of the city council to demand of the president, cashier, or other officer of each national bank, within the city, a written statement, under oath, of the amount of the capital stock of such bank.
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APPEAL from Montgomery Circuit Court. Tried before Hon. James Q,. Smith. On the 6th day of January, 1873, the city council of Montgomery passed an ordinance levying a tax of one-fourth of one per cent, on the capital stock of national banks, and made it the duty of the clerk of the city council to demand of the president, cashier, or other officer of each national bank, within the city, a written statement, under oath, of the amount of the capital stock of such bank. It was also provided, that upon the failure of any officer of any such bank, for more than five days after service of the…
1Opinion of the CourtBrickell, C. J.
These cases present a common question, the power of the city council of the city of Montgomery to impose a tax on shares of the capital stock of na*439tional banks. These shares are subject to taxation by State authority, under the limitations imposed by the act of Congress, as has been declared by several decisions of the supreme court of the United States. Van Allen v. The Assessors, 3 Wall. 573; People v. Commissioners, 4 Wall. 244; Bradley v. The People, Ib. 459; Lionberger v. Rouse, 9 Wall. 468 ; National Bank v. Commonwealth, Ib. 353; Tappan v. Merchants’ National Bank, 19 Wall. 490.
It is…
2Cases cited4 opinions
- Van Allen v. AssessorsSupreme Court of the United States · 1866
- Tappan v. Merchants' National BankSupreme Court of the United States · 1874
- People v. CommissionersSupreme Court of the United States · 1867
- Lionberger v. RouseSupreme Court of the United States · 1870
3Cited by4 opinions
- State Ex Rel. Chilton County v. ButlerSupreme Court of Alabama · 1932
- Decatur Transit v. City of GadsdenSupreme Court of Alabama · 1947
- City of Decatur v. RobinsonSupreme Court of Alabama · 1948
- City of Hartselle v. Baggett Transp. Co.Alabama Court of Appeals · 1951