Chicago, B. & K.C. R. v. Guffey
Annotate this Case
122 U.S. 561 (1887)
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U.S. Supreme Court
Chicago, B. & K.C. R. v. Guffey, 122 U.S. 561 (1887)
Chicago, Burlington and Kansas City Railroad v. Guffey
Submitted April 4, 1887
Decided May 23, 1887
122 U.S. 561
It being now conceded that the taxes in suit refer not only to the branch referred to in the former opinion of the Court in this case, reported in 120 U. S. 120 U.S. 569, 120 U. S. 575, but to the taxes assessed upon that part of the main line which extends from Unionville in Putnam County to the boundary line between Missouri and Iowa, the Court now decides, on an application for a rehearing:
(1) That it is satisfied with the construction which it has already given to the statute of the Legislature of Missouri of March 21, 1868.
(2) That the statute of that legislature enacted March 24, 1870, as interpreted by the Court, in its application to the main line, does not impair the obligation of any contract which the St. Joseph & Iowa Railroad Company had, by its charter, with the State of Missouri.
The statute of Missouri of March 24, 1870 (Art. 2, c. 37, § 57 Wagner's Statutes of Missouri, 1872) subjecting to taxation railroads acquired by a foreign corporation by lease, also applies to roads acquired by such corporations by purchase.
No question arises in this case under the provision in the charter of the
St. Joseph & Iowa Railroad Company which authorizes it to pledge its property and franchises to secure an indebtedness incurred in the construction of its road.
This was a petition for a rehearing of the case reported at 120 U. S. 120 U.S. 569.