New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-07
THE COURTS.
United STATES SUPREME COURT.

WASHINGTON, April ca decision was
rendered by the Supreme Court OF the United states ~
day. In the of the Chesapeake and ONO haiM"
Company, plaintiff In error, against Joseph o. "i''
Auditor the OF West Virginia lin error 10 te
Supreme Court OF Appeals OF that siate TIC question
rlsed by this the coDsttutionaty OF an act Oh @
Legislature OF West Virginia. passed March q lo'''
subecting the property Of the railway company 10 taxa
tioL. The company maintains that by an act VI W.
Legislature OF March 1866. entitled An act 10 ico
porate the Coyington and Ohio Railroad company anu
another act pass,a on February &C. 1867 authorizing
that company TO consolidate with the Chesapeake hu
Ohio Railroad Company It, as the successor oil tue 'l
corporation was exempted from taxation so long as s
profits should not amount TO 10 per cent OF i's cap'
and that the subsequent act imposing taxation nv
spective Of this condition is void because IL mpaS o
obligation of contract This Court holds that the ac'
from which the plaintiff in error derives It's corporate
existence and powers in West Virginia do not contain
renewal of grant OF exemption from taxation Io1
tanned in the seventh section OF the act OF MIo re-
1866 that the present company IN no sense can Uo 10
garded the Identical corporate BODY OF wnic J. DO
the aud that all lts rsnts as %
tio other than the title the property acquired ~
judicial sale. had their Origin ana dePehue po 49,,
pas sed in 1871 and amended IN ls' nDon
the case, the present companys cnafter aes
general law which the Constitution OF tho state de.e
70 be subject t. alteration and amendment, anu, hci
fore the exercise of legislative discretion In the matter OF
taxat ion cannot be complained OF as Dreaca oo Of
tract The decree OF the Supreme Court Oh Appears
West Virginia is affirmed. Opinion by justice NAV
thews.
No Charles Basel appellant AIT simon mo- nn hHsI
states for Colorado Decree affirmed with co ~.
no LOi-silas Huntley appellant agt Thomas nun t
C y sSf Ss a o Columbia Berec With
ID Se SpoS % THIS sS OPINION
o. ilsG1Ghe city Of IitchGeld appellant. agt George
OF the United for the Southern District OF linOis
Decree and remanded with dec-
tons TO dismiss the bill opinion by justice Mnef JuSuoo
No Original OK paIte-In the matter OF Fills Hughes,
petitioner Rule discharged with costs Opinoiroy ehei
Justice Waite =, a..
No 10 Original parte-In the matter OF DAYTON MOT
and Others petitioners Petition ior VIII OF mahunue
denied OPINION BY Cher Justice Waite ,
$751; Kirkpatrick, pantin In error, agt BAKER
Motion 10 denied opinion by Chef Justice ate
No ll49-Josrph W Dyer and others appellants agt tno
No second day vi uext term, next alter
cases already assigned for that day.
No 265Jose AuTrecorc1ea piantn INFERIOR hgt duncan
Sinclair and others submitted
No 23s-Ihe Memphis and Little Rock Railroad Company
reorganzed appellant sgt the southern Express OH
No 26OThe st Louis Iron Mountain Southern Rail-
road Company appellant ag tho southern Express company
No 32l-The NJ ssouri. and Texas Railroad Com
pany, appellant agt William Dnsmore president ADAMS
Express Ompany Assignee for argument tho first Mon
day in November, at tue foot Of the calendar.
279-E Wheeler TO, paintn ia error. agt the New
Brunswick and anida railroad Company Assigned for ar
stewart Chaplin plaintiff In error agt James
Motion resind order docketng and Diminishing
case submitted
No I2Si-Richard Chapman plaintiff in error. agt Ed
ward X GoodnOw. Motion 10 dism ss submitted
No 73-Thc knckerbJoker life Insurance Company. plain
til agt Pendleton Rule 10 show cause why
judgment should not be vacated aud cause dismissed
10 2sj-John Lavender appellant agt Robert caven-
No ~ oliver Flley plaintiff error. agt Thomas
and James Pope Argument begun