Legal Opinion

Chicago, Burlington & Quincy Railway Co. v. Babcock

Supreme Court of the United States

Decided February 25, 1907No. 215, 341PublishedCited by 205 opinions

APPEALS PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE DISTRICT OF NEBRASKA. The facts are stated in the opinion. The proceeding is void because the Board acted arbitrarily and in disregard of the express provision of the statute.

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APPEALS PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE DISTRICT OF NEBRASKA. The facts are stated in the opinion. The proceeding is void because the Board acted arbitrarily and in disregard of the express provision of the statute. In ascertaining the total valuation of the complainant’s lines of railroad in the State, it failed to give any consideration to the sworn statements, schedules and other infolmation required by the statute and without using any statutory or other recognized rule or method of obtaining -buch valuation. In fixing and returning the assessed valuation per mile of…

1Opinion of the CourtJustice Holmes

These are bills to declare void assessments of taxes made by the State Board of Equalization and Assessment for the year 1904, and to enjoin the collection of the same beyond certain sums tendered. The bills allege that the Board, coerced by political clamor and its fears, arbitrarily determined in advance to add about nineteen million dollars to the assessment of railroad property for the previous year, and then pretended to fix the values of the several roads by calculation. They allege that the assessments were fraudulent, and void for want of jurisdiction, and justify these general…

2Cases cited17 opinions

  1. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  2. Taylor v. SecorSupreme Court of the United States · 1876
  3. Union Refrigerator Transit Co. v. KentuckySupreme Court of the United States · 1905
  4. Adams Express Co. v. Ohio State AuditorSupreme Court of the United States · 1897
  5. San Diego Land & Town Co. v. National CitySupreme Court of the United States · 1899

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3Cited by205 opinions

  1. McCleskey v. KempSupreme Court of the United States · 1987
  2. Snowden v. HughesSupreme Court of the United States · 1944
  3. United States v. MorganSupreme Court of the United States · 1941
  4. National Labor Relations Board v. Seven-Up Bottling Co. of Miami, Inc.Supreme Court of the United States · 1953
  5. Greater Boston Television Corp. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1970

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