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MOBILE & OHIO RAILROAD v. TENNESSEE

No. 1004.

153 U.S. 486 (1894)

MOBILE AND OHIO RAILROAD COMPANY v. TENNESSEE.

Supreme Court of United States.

Decided May 14, 1894.

Attorney(s) appearing for the Case

Mr. E.J. Phelps and Mr. F.W. Whitridge, (with whom was Mr. E.L. Russell on the brief,) for plaintiff in error.

Mr. G.W. Pickle, Attorney General of Tennessee, Mr. M.M. Neil, and Mr. J.M. Troutt for defendants in error. Mr. F.W. Moore, Mr. John E. Wells, Mr. S.A. Champion, Mr. J.R. Deason, Mr. E.L. Bullock, Mr. A.W. Stovall, and Mr. James M. Head were with them on their briefs.

MR. JUSTICE JACKSON delivered the opinion of the court.

The Federal question presented by the writ of error in this case is whether state statutes, subjecting the property of a railroad corporation to taxation, impair the obligation of the contract contained in an exemption clause of the company's charter?

It arises in this way: The State of Tennessee and certain counties therein in February, 1891, filed their bill against the

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