Supreme Court of United States.https://leagle.com/images/logo.png
Argued December 12, 1938.
Decided January 30, 1939.
Attorney(s) appearing for the Case
Mr. Harry H. McElroy for appellant.
Mr. H.H. Linney, Deputy Attorney General of California, with whom Messrs. U.S. Webb, Attorney General, and James J. Arditto, Deputy Attorney General, were on the brief, for appellees.
By leave of Court, Messrs. G.W. Hamilton, Attorney General of Washington, and R.G. Sharpe, Assistant Attorney General, filed a brief, as amici curiae, in support of appellees.
Supreme Court of United States.
MR. JUSTICE REED delivered the opinion of the Court.
The California Use Tax Act of 19351 is assailed as violative of the commerce clause and the Fourteenth Amendment, when imposed upon tangible personal property, bought outside of the state by the Southern Pacific Company, an interstate railroad, and installed on importation, or kept available for use, as a part of its transportation facilities...
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