Monopolies -- United States; Railroads and state -- United States
"This is a writ of error to the supreme court of the state of North
Carolina, and brings up the question whether the recent legislation of
the state, concerning the collection of taxes, is, as it affects the
plaintiff in error, in violation of that provision of the constitution
of the United States which declares that no state shall pass any law
impairing the obligation of contracts. As early as 1833, the general
assembly of North Carolina incorporated the Wilmington & Weldon railroad
company, for the purpose of constructing a railroad in the state, and
inserted a provision in the charter 'that the property of said company,
and the shares therein, shall be exempted from any public charge or tax
whatsoever.' It has been so often decided by this court that a charter
of incorporation granted by a state creates a contract between the state
and the corporators, which the state cannot violate, that it would be a
work of supererogation to repeat the reasons on which the argument is
founded. It is true that when a corporation claims an exemption from
taxation, it must show that the power to tax has been clearly
relinquished by the state, and if there be a reasonable doubt about this
having been done, that doubt must be solved in favor of the state. (The
Binghampton Bridge Case, 3 Wallace.) If, however, the contract is plain
and unambiguous, and the meaning of the parties to it can be clearly
ascertained, it is the duty of the court to give effect to it, the same
as if it were a contract between private persons, without regard to its
supposed injurious effects upon the public interests.
"It may be conceded that it were better for the interests of the state
that the tax-paying power, which is one of the highest and most
important attributes of sovereignty, should on no occasion be
surrendered. In the nature of things, the necessities of the government
cannot always be foreseen, and in the changes of time the ability to
raise revenue from every species of property may be of vital importance
to the state, but the courts of the country are not the proper tribunals
to apply the corrective to improvident legislation of this character. If
there be no constitutional restraint on the action of the legislature on
this subject, there is no remedy, except through the influence of a wise
public sentiment, reaching and controlling the conduct of the law-making
power.
Public-domain text, read in full here on John Shaqi.
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