Camden & Amboy Rail Road v. Hillegas
Camden & Amboy Rail Road v. Hillegas
Opinion of the Court
The opinion of the Court, by
Two exceptions are taken to the assessment in this case: Eirst, That the state, county and township taxes are all blended together in one assessment, and upon inspecting the return, this appears to be so. The assessment is in the same form, as in the case of The State v. Falkinburg, 3 Green R. 320, and upon the authority of that case, it must be quashed and set aside. But;
Secondly, It is objected, that the Camden and Amboy Rail Road Company, are exempted by their charter from taxation for state, county and township purposes. And,
This exception too, is fully sustained, upon the principles unanimously adopted by this court in The State v. Berry et al. 2 Harr. R. 80. In that case, the liability of The Paterson and Hudson River Rail Road Company, to taxation for township and county purposes, was drawn in question; and as the exempting clause, in the charter of that company, is precisely, (with the exception of one or two immaterial words,) in the same language with that used in the charter of this company, the decision must be the same as in that case. In the charter of the Paterson and Hudson River Rail Road Company, Harr. Comp. 326, see. 18, the words are : “ and that no further or other tax or impost, shall be levied or assessed, upon said company.” In the charter of the Camden and Amboy Rail Road Company, Harr. Comp. 292, sec. 23, the language is: “ and that no other tax or impost, shall be levied or assessed upon the said company.” It is true, the considerations upon which the legislature have granted these exemptions, are different in the two cases. In the former, the company are required to pay to the Treasurer of the State, a yearly “tax” of a certain per oent. “upon their capital stock paid in,” and in the latter case, the company are to pay to the Treasurer of the State, quarterly, ten cents for each passenger and fifteen cents for each ton of merchandise transported upon the road. But this difference can have no possible influence that I can perceive, in giving a construction to the exemption clauses in the two statutes. The question was very ably argued, and
Upon the whole, 1 see no reason to doubt the correctness of the decision, as reported in 2 Harr. R. 80, and no ground upon which to distinguish this case from that. The assessment must therefore be quashed.
Assessment quashed.
Cited in State v. Branin, 3 Zab. 499; State v. Commr’s of Mansfield, 3 Zab. 512; State v. Bentley, 3 Zab. 537; State v. Flavell, 4 Zab. 379; State v. Powers, 4 Zab. 402; State v. Cook, 3 Vr. 340; State v. Hancock, 6 Vr. 544.
Reference
- Full Case Name
- THE CAMDEN AND AMBOY RAIL ROAD COMPANY v. HILLEGAS COMMISSIONERS OF APPEAL &c.
- Cited By
- 1 case
- Status
- Published