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UNITED STATES v. RAILROAD COMPANY

84 U.S. 322 (1872)

17 Wall. 322

UNITED STATES v. RAILROAD COMPANY.

Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. G.H. Williams, Attorney-General, and Mr. S.F. Phillips, Solicitor-General, for the plaintiff in error; Messrs. J.H.B. Latrobe and I.N. Steele, contra.

Mr. Justice HUNT delivered the opinion of the court.

The defendants insist, firstly, that the section in question does not lay a tax upon the corporations therein named, and by whom the tax is payable, upon their own account, but uses them as a convenient means of collecting the tax from the creditor, or stockholder, upon whom the tax is really laid. They insist as a consequence, secondly, that the present is a tax upon the...

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