The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-05-16
BUREAU OF THE SENTINEL.

" fAA7AA4-N'f4C4Ns ~ - May IL.
The supreme court did not announce a
decision in the Indiana railroad tax cases
today, as expected. This delay, it is be-
lieved, indicates that the court is divided
and that no agreement has been reached.
The court will meet once more before
taking the usual summer vacation.
May 26.
The case Of the Mobile &
Ohio railroad and the Farmers
loan and trust company against
the state of Tennessee ana several coun-
ties thereof, was decided by the su-
preme court today. Justice Jackson de-
hvered the opinion. The question in
volved the right of the legislature to
amend the charter of the company.
which exempted the capital stock for
and fixtures for twenty-five years and
provided that there should be no taxa
ton which would reduce the dividends
below per cent.
On the other hand the state constitu-
tion provides that all property shall be
taxed according to its value and taxa
ton be equal throughout the state. In
February, 1891, suits were brought
against the company for the
taxes from 1885 to 1889 inclu-
sive. The opinion held that the
ease hinged on the 8 per cent. clause
OF the charter referred to. The mani
fest intention was to interest persons
in the railroad by giving it unusual ad-
vantages. Justice Jackson held that
the state had the power TO levy discrim-
mating and eXempting taxation when it
granted charters. Corporate charters
were merely contracts between the state
and the corporation. Therefore. the su-
Preme court of Tennessee was over
ruled, the decision being IN favor of the
railroad corporation.
Chief Justice Fuller dissented from
this opinion opposing the doctrine of a
right to discriminate in favor of indi-
Vidual corporations in the matter of tax
alton in granting charters. With the
chief justice iH his dissenting opinion,
which stood by the supreme court of
Tennessee, We're Justices Gray, Brewer
and Shiras, so that the lower court was
reversed by bare majority. Taxes
aggregating about $3500O0 were involved
in the decision.
The case Of Ashley VS.. Ryan, secre-
tary Of state Of Ohio. was decided in an
opinion delivered by Justice White. 1t
involved a question of taxation of great
Importance. Under the law Of Ohio, the
stock corporations is taxed one-tenth of
/ per cent. Several branches of the
Wabash railroad in several states have
been consolidated. The officers filed ar
ticles of the consolidated Incorporation
in the Office of the secretary of state
rendering 500, which would have been
the tax on the Ohio branch of the cor
pOratiOn but the secretary compelled
the payment of So, 900, a tax on all the
branches of the consolidated corpora
tiOns. This the company cOntended was
a state tax on corporation outside of
the state. The court held that the right
Of a company to be a consolidated cor
poration rested within the will of the
state; that the railroad in preferring
the articles Of incorporation and tax
was voluntarily placing itself within the
jurisdiction of the law and sustained the
state courts decision.
In the case of the Eagle insurance
company against the state of Ohio the
insurance law Of Ohio is held 10 be a
police regulation to which corporations
must conform.
The Palmetto copyright case is dis
missed for want Of jurisdiction.
In the case of the Chicago deposit
vault company against John McNulta,
pany, the court held that Receiver
Cooley had no authority, without the
approval of the court, to bind the funds
Of the receivership beyond the time the
leased premises in dispute should be re-
quired by the receiver.
Chief Justice Fuller announced today
that the supreme court would sit once
more, on May %, before the final ad-
iOurnment of the spring.