Court : US Supreme Court
..... repugnance to the constitutional power of congress to regulate commerce. foreign bills of exchange are instruments of commerce, it is true, but so also are the products of agriculture or manufactures, over which the taxing power of a state extends until they are separated from the general mass of property by becoming exports. a state has a right to ..... the power so granted, and forbid them to impose, without consent of congress, any duty on imposts or exports." "and so far as the said section and act imposes a tax on that part of the business of a money and exchange broker which consists in buying and selling money or foreign coin, or other currency, the same is contrary ..... now the individual who uses his money and credit in buying and selling bills of exchange, and who thereby realizes a profit, may be taxed by a state in proportion to his income, as other persons are taxed, or in the form of a license. he is not engaged in commerce, but in supplying an instrument of commerce. he is less .....
Tag this Judgment!Court : US Supreme Court
..... that another shall not be erected, and no undertaking not to sanction competition, nor to make improvements that may diminish its income." in minot v. philadelphia, wilmington & baltimore railroad, known as the delaware railroad tax case , 18 wall. 206, 85 u. s. 226 , it was held that a provision in the charter that ..... fifty years "chemical and other works at the place designated . . . for the purpose of manufacturing and converting dead animals and other animal matter into an agricultural fertilizer, or into other chemical products, by means of chemical or other processes," but this court held that the state was not thereby prevented from causing ..... railway communication between the gulf of mexico and the ohio river, passing through alabama, mississippi, tennessee, and kentucky, and to secure it, these states, by legislative acts passed in february, 1848, incorporated the company, to construct, equip, and operate a railroad from mobile, in alabama, to a point opposite cairo, in illinois .....
Tag this Judgment!Court : US Supreme Court
..... for its convenient enjoyment for its legitimate purpose. even parts of the exempted buildings page 116 u. s. 407 and lands, if used to secure a rent or income or for any business purpose, are taxable. but land which is neither actually occupied for a church building nor reasonably needed and actually used for the convenient enjoyment ..... had been actually so leased. the objection taken in argument that the act of march 3, 1877, is unconstitutional because it provides that the tax upon all lands within the district of columbia, outside of the cities of washington and georgetown and held and used solely for agricultural purposes shall be a dollar and a quarter on the hundred, and ..... , grounds, or cemetery so in terms excepted is larger than is reasonably needed [in the act of 1876; 'absolutely required' in the act of 1877] and actually used for its legitimate purpose, and none other, or is used to secure a rent or income, or for any business purpose, such portion of the same, or a sum equal in .....
Tag this Judgment!Court : US Supreme Court
..... part thereof, granted to the state of new york by the act of congress entitled 'an act page 136 u. s. 156 donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,' approved july 2, 1862," "which right to said 'income, revenue, and avails' was granted, and, for a valuable ..... from the gross receipts on sales the original cost of thirty cents per acre, the cost and expenses attending the location, management, and sale of said lands, the taxes assessed and paid on the same by the party of the second part, and the interest at the rate of seven percent per annum on the several amounts actually ..... profits arising from such sales into the treasury of this state; and, until the same shall be so sold, and the net profits so paid, he will pay all taxes which may be assessed thereon, and preserve and maintain a title thereto unimpaired, to which the liens created by said mortgages shall attach. and, if any event shall .....
Tag this Judgment!Court : US Supreme Court
..... (22) cents for the support of the common schools, and one-half of one cent for the agricultural and mechanical college, as now provided by law, by an act entitled 'an act for the benefit of the agricultural and mechanical college,' approved april twenty-ninth, one thousand eight hundred and eighty, including the necessary traveling ..... other states as well as in this state, the statement shall show the following facts, in addition to the facts hereinbefore required: the gross and net income or earnings received in this state and out of this state, on business done in this state, and the entire gross receipts of the corporation, ..... there is a want of uniformity in the levy of the taxes against the defendant, even though section 171, requiring uniformity of taxation upon all property subject to taxation, applies to taxation based upon income, license, or franchise, and is given its broadest possible construction." the act received consideration in henderson bridge co. v. commonwealth, 31 .....
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..... from to a board hereby constituted for the purpose, composed of the surgeon general of the army, the surgeon general of the navy and the commissioner of agriculture, and the decisions of this board shall be final in the premises." provision is also made for the removal of oleomargarine from the place of its manufacture ..... there is a penalty denounced against any person engaged in carrying on the business of oleomargarine who should defraud, or attempt to defraud, the united states of the tax. this act shows that congress, at the time of its passage in 1886, recognized the article as a proper subject of taxation, and as one which was the subject ..... us, it is a gift of american enterprise and progressive invention to the world. it has become one of the conspicuous articles of interstate commerce, and furnishes a large income to the general government annually. . . . it is entering rapidly into domestic use, and the trade in oleomargarine has become large and important. the attention of the .....
Tag this Judgment!Court : US Supreme Court
..... other than municipal, doing any business in this state. it may also tax incomes of both natural persons and corporations, other than municipal, except that persons engaged in mechanical and agricultural pursuits shall never be required to pay an occupation tax. . . ." "sec. 2. all occupation taxes shall be equal and uniform upon the same class of subjects within the ..... would he have been compelled to resort to a multiplicity of suits to determine his rights." these decisions are in harmony with the sixteenth section of the judiciary act of 1789, now section 723 of the revised statutes, which declared the rule as then, and still existing, page 175 u. s. 273 that "suits ..... the exercise of equity jurisdiction other than consequences which complainant can easily avert without loss or injury, the court holds that the bill cannot be sustained. by an act of the state of texas approved april 3, 1889 (laws tex. 1889, c. 78, p. 87), foreign corporations for pecuniary profit, with some exceptions not .....
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..... required to be apportioned according to population among the states. it is insisted that such must be the holding unless this court is prepared to reverse the income tax cases decided under the act of 1894. pollock v. farmers' loan & trust co., 157 u. s. 429 , s.c. 158 u. s. 158 u.s. ..... . in magoun v. illinois trust & savings bank, 170 u. s. 283 , 170 u. s. 293 , a graded inheritance tax was sustained. as to the objections that certain organizations -- labor, agricultural, and horticultural, fraternal and benevolent societies, loan and building associations, and those for religious, charitable, or educational purposes, are excepted from the ..... to select the objects of excise taxation, and this includes the right to make exemptions; exceptions in the corporation tax law of labor, agricultural, religious and certain other organizations, do not invalidate the tax or render the law unconstitutional. courts cannot substitute their judgment for that of the legislature; where details as to .....
Tag this Judgment!Court : US Supreme Court
..... ratification of the sixteenth amendment, was not in any proper sense an income tax law; but was an excise tax upon the conduct of business in a corporate capacity measured by the income, with certain qualifications prescribed by the act itself. the process of mining ores is, in a sense, equivalent in ..... upon stock of other corporations, joint stock companies or associations, or insurance companies, subject to the tax hereby imposed; provided, however, that nothing in this section contained shall apply to labor, agricultural or horticultural organizations, or to fraternal beneficiary societies, orders, or associations operating under the lodge system, ..... united page 231 u. s. 416 states," and, secondly, because the act specifies those classes of corporations that are to be exempt from its operation, and mining corporations are not among them. those exempted are labor, agricultural, or horticultural organizations, fraternal beneficiary societies, orders or associations operating under the .....
Tag this Judgment!Court : US Supreme Court
..... the drainage of swamp and overflowed lands for the improvement of the health and comfort of the community, and the reclamation of waste places and the promotion of agriculture are not all and every of them subjects of general and public concern, the promotion and regulation of which are among the most important of governmental powers, ..... law itself. its officers are chosen by popular election, and their powers, duties, compensation, and terms of service are prescribed by the statute. the sources of its income are predetermined, as are also the uses to which it may be applied, and the county treasurer is made the custodian of its funds, and his disbursement of ..... district or the largest part of it is situated is made " ex officio treasurer" of the district for the purpose of collecting and disbursing the taxes or assessments laid under the act. the plaintiffs in error contend that the plan is simply one for the private advantage of the property owners, and they direct special attention to .....
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