United States Supreme Court Cases & Opinions

U.S. Supreme Court

Gillis v. California, 293 U.S. 62 (1934)

Gillis v. California

No. 28

Argued October 8, 9, 1934

Decided November 5, 1934

293 U.S. 62

Syllabus

1. Power in the District Courts to authorize their receivers in conservation proceedings to transact local business without compliance with local statutes obligatory on all others, may be withheld by Congress. P. 293 U. S. 65.

2. Under 28 U.S.C. § 124, Jud.Code, § 65, a receiver for a corporation producing and distributing gasoline in California was under a duty to take out a license and give a bond with surety to secure payment of taxes, pursuant to state law, and could not be absolved by order of the federal court that appointed him. P. 293 U. S. 65.

3. There is no merit in the suggestion that observance of the state law in this case would give an unlawful preference to the State over the United States in respect of gasoline taxes. P. 293 U. S. 66.

4. Even though it be impossible in the circumstances for the receiver to furnish the bond required by the state law, this is not an excuse for operating the business in disregard of that law, and hence in violation of the Act of Congress. P. 293 U. S. 66.

69 F.2d 746 affirmed.

Page 293 U. S. 63

Certiorari, 292 U.S. 620, to review the reversal of an order of the District Court authorizing and directing the receiver of a corporation to continue operations in the production, sale and distribution of gasoline without giving security to the State for payment of gasoline taxes.