Chicago Great Western Railway Co. v. Minnesota
Chicago Great Western Railway Co. v. Minnesota
Opinion of the Court
Mr. Justice Harlan,
after making the foregoing statement, delivered the opinion of the court.
The rights of the plaintiff in error depend primarily upon the. construction of the act incorporating the Minnesota and Northwestern Railroad Company, Territorial Laws, 1854, c. 47, the amendatory act of 1855, c. 58, the amendatory act of 1856, c. 47, and the act of 1883, Special Laws, c. 83. That act of 1856 imposed a two per cent gross earnings tax in lieu of all other taxes. The Supreme Court of the State observed that until the present case arose it had never had occasion to construe the charter of the original company, and the acts amenda-tory thereof, nor determine whether the State could change the rate of taxation thereby imposed. It was of opinion that the question of taxation, here involved, was substantially the same as the one involved in Great Northern Railway Company v. State of Minnesota. That court consequently adjudged, upon the authority of that case, that the defendant, as a successor in interest of the Minnesota and Northwestern Railroad
It is so ordered.
Reference
- Full Case Name
- CHICAGO GREAT WESTERN RAILWAY COMPANY v. STATE OF MINNESOTA
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- 1 case
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- Syllabus
- On the authority of Great Northern 'Railway Company v. Minnesota, ante, p. 206, held that: As against the plaintiff in error, the act of Minnesota of 1903, requir- ’ ing all railroad companies to pay a tax equal to four per cent bf its gross earnings, is not an unconstitutional impairment of a legislative contract created by an act pássed in 1856 imposing a tax. of two per cent on a railroad company whose franchise was transferred • to plaintiff in error. The judgment of the state court in which it was held that the legislative contract of exemption from taxation in favor of a railroad company . which was under consideration did not pass unimpaired to another corporation acquiring the franchises of the former, and constitute an irrepealable contract so that the rate of taxation could not be subsequently altered by legislative enactment, affirmed.