Grand Gulf & Port Gibson Railroad v. Buck

Taxation. Exemption. Charter. Where, by the terms of its charter, the capital stock of a railroad company, and all other property belonging to or connected with the road, are exempted from taxation until eight years after the road shall be put in operation, the legislature cannot, before the expiration of the period, levy a privilege tax upon the corporation.

Error to the Circuit Court of Claiborne County. Hon. Uriah Millsaps, Judge. This was an action of replevin by the railroad company against C. E. Buck, sheriff and tax-collector, to recover a locomotive engine levied on for a privilege tax alleged to be due from the company to the State, under the act of 25th February, 1875 (Acts 1875, p. 67), which the company refused to pay, claiming exemption under its amended charter (Acts 1866, p. 137). It was tried by the judge, in lieu of a jury, on an agreed state of facts. From a judgment for the defendant the company prosecutes this writ of error. cited Cooley on Constitutional Limitations, § 496. cited Wool-man v. State, 2 Swan, 353; State v. Stevens, 4 Texas, 137; State v. Bock, 9 Texas, 369 ; 42 Penn. St. 424; 37 N. Y. 364. cited Wilmington Railroad v. Reid, 13 Wall. 264; M. O. Railroad v. Mosely, 52 Miss. 127.