Massachusetts v. Western Union Telegraph Co.

Citations

• 141 U.S. 40
• 11 S. Ct. 889
• 35 L. Ed. 628
• 1891 U.S. LEXIS 2496

Syllabus

<p>The tax imposed by the-statutes of-Massachusetts, (Pub. Stat'. c. 13, §.§ 40, ^J'42,) requiring'every telegraph company owning a line of telegraph within the State to pay to the state treasurer “ a tax upon its corporate franchise at a valuation thereof equal to the aggregate value of the shares in its capital stock,” deducting .such portion of that valuation as is proportional to the length of its lines, without, the State, 'and deducting also an amount equal to the value of its real estate and machinery subject, to local taxation within the State, is in effect a tax upon the corporation on .account of property owned'and used'by it within the State; and is constitutional and valid, as applied to a telegraph company incorporated by . another State, aud which has accepted the rights conferred by Congress by § '5263 of the Revised Statutes.</p> <p>Western Union Telegraph Company v. Attorney General of Massachusetts, 125 U. S. 530, followed.</p> <p>Upon rendering a decree for the plaintiff in a suit in equity, brought in behalf of a State, pursuant to statute, to recover the amount of a tax with • interest thereon a€ the rate of twelve per cent until paid, a sum tendered and paid into court by the defendant, for part of that amount and interest thereon at that rate, is to be applied to the payment of both principal and interest .of the sum so admitted to be due; interest at the rate of twelve per cent is to be computed on the rest of the principal until the date of the decree; and from that date interest on the lawful amount of the decree is to be computed at the ordinary rate of six per' cent only, . notwithstanding the final disposition of the case is delayed by appeall</p>