Monopolies -- United States; Railroads and state -- United States
"There is no difficulty whatever in this case. The general assembly of
North Carolina told the Wilmington & Weldon railroad company, in
language which no one can misunderstand, that if they would complete the
work of internal improvement for which they were incorporated, their
property and the shares of their stockholders should be forever exempt
from taxation. This is not denied, but it is contended that the
subsequent legislation does not impair the obligation of the contract,
and this presents the only question in the case. The taxes imposed are
upon the franchise and rolling stock of the company, and upon lots of
land appurtenant to and forming part of the property of the company, and
necessary to be used in the successful operation of its business. It
certainly requires no argument to show that a railroad corporation
cannot perform the functions for which it was created without owning
rolling stock, and a limited quantity of real estate, and that these are
embraced in the general term property. Property is a word of large
import, and, in its application to this company, included all the real
and personal estate required by it for the successful prosecution of its
business. If it had appeared that the company had acquired either real
or personal estate beyond its legitimate wants, it is very clear that
such acquisitions would not be within the protection of the contract.
But no such case has arisen, and we are only called upon to decide upon
the case made by the record, which shows plainly enough that the company
has not undertaken to abuse the favor of the legislature.
"It is insisted, however, that the tax on the franchise is something
entirely distinct from the property of the corporation, and that the
legislature, therefore, was not inhibited from taxing it. This position
is equally unsound with the others taken in this case. Nothing is better
settled than that the franchise of a private corporation--which, in its
application to a railroad, is the privilege of running it and taking
fare and freight--is property, and of the most valuable kind, as it
cannot be taken for public use even, without compensation. (Redfield on
Railways, p. 129, sec. 70.) It is true it is not the same sort of
property as the rolling stock, road-bed, and depot grounds, but it is
equally with them covered by the general term, 'the property of the
company,' and, therefore, equally within the protection of the charter.
"It is needless to argue the question further. It is clear that the
legislation in controversy did impair the obligation of the contract
which the general assembly of North Carolina made with the plaintiff in
error, and it follows that the judgment of the supreme court must be
reversed. It is so ordered, and the cause is remanded for further
proceedings, in conformity with this opinion.
"D. W. MIDDLETON,
"C. S. C. U. S."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account