Publisher's Synopsis
Excerpt from The Taxation of Property of Railroad Companies in California as Affected by the Fourteenth Amendment of the Federal Constitution: Opinions of Justice Field and Judge Sawyer, Delivered in the U. S. Circuit Court at San Francisco, September 17th, 1983
Government with the discharge Of which the State can not interfere; that the power to tax their franchises involves the power to destroy the companies and thus deprive the General Government of the benefit of the roads, for the construction and maintenance of which its grants were made; that the existence and exercise of the power on the part of the State are therefore incompatible with the duties devolved upon and assumed by the compa nies to the United States. Hence it is claimed by counsel that the tax levied upon the franchises of the defendants is illegal and void; and they refer to numerous decisions of the Supreme Court which bold, in general language, that an agency of the United States, an instrumentality by which the Federal Government discharges its obligations to the people Of the country, cannot be taxed by any State or subordinate authority. Certainly no State can impede or embarrass the Federal Government in its Operations, as might be done if it could impose a tax Upon the necessary means adopted for their execution; nor can the Federal Government impede or embarrass the Operations of the State governments, as it might do, if it could impose a tax upon the necessary means adopted by them in the exercise of their powers.
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