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· 5/13/1889

Picard v. East Tennessee, Virginia & Georgia Railroad

Citations

  • 130 U.S. 637
  • 9 S. Ct. 640
  • 32 L. Ed. 1051
  • 1889 U.S. LEXIS 1783

Syllabus

<p>Legislative immunity from taxation is a personal privilege, not transferable, and not to be extended beyond the immediate grantee, unless otherwise so declared in express terms. •</p> <p>immunity from taxation does not pass to the,purchaser at a sale of “the property and franchises of a railroad corporation ” to enforce a statutory lien. Morgan v. Louisiana, 93 U. S. 217, on this point affirmed.</p> <p>Although a grant of immunity from taxation by a legislature to a corporation has sometimes been held to be a privilege which may be transferred, the later and better opinion is that, unless other provisions remove all doubt of the intention of the legislature to include the immunity in the term “privileges,” it will not be so construed.</p> <p>The property of the East Tennessee,’Virginia and Georgia Railroad Company, situated in the State of Tennessee, is not exempt from taxation . under the laws of that State..</p>

Judges: Field

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