Egyptian Levee Co. v. Hardin
Supreme Court of Missouri
Appeals from Clark Circuit Court. I. The charter, so far as it authorized a tas per acre, is unconstitutional. (Constitution of Missouri, art. 13, § 19.) This provision, applies to counties and all corporations created by the act of the legislature, as much as it does to the state in raising revenue for state purposes. The state not possessing the power to levy ah “ acre tax,” it could not delegate this power.
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Appeals from Clark Circuit Court. I. The charter, so far as it authorized a tas per acre, is unconstitutional. (Constitution of Missouri, art. 13, § 19.) This provision, applies to counties and all corporations created by the act of the legislature, as much as it does to the state in raising revenue for state purposes. The state not possessing the power to levy ah “ acre tax,” it could not delegate this power. If it can delegate the power to a special corporation, it can authorize a county court to raise a revenue for county purposes by a tax per acre.
1Opinion of the CourtNapton, Judge
These cases involve the same question. For the purpose of reclaiming from liability to inundation a district of country between the Des Moines, Eox and Mississippi rivers, in Clark county, a company was chartered by the legislature in 1855 (Sess. Acts, 1855, p. 74), authorized to construct levees and dig canals, and raise the fund necessary for such *496construction by a tax, not to exceed fifty cents per acre, upon the landholders in the district embraced within the charter. Each land-owner was allowed a vote, in the control of this work, for every forty acres of land he owned in the limits. The…
2Cases cited2 opinions
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
3Cited by58 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Lainhart v. CattsSupreme Court of Florida · 1917
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
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