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SOUTHERN RAILWAY CO. v. GREENE

No. 450.

216 U.S. 400 (1910)

SOUTHERN RAILWAY COMPANY v. SAMUEL E. GREENE.

Supreme Court of United States.

Decided February 21, 1910.

Attorney(s) appearing for the Case

Mr. Alfred P. Thom, with whom Mr. Alexander Pope Humphrey and Mr. James Weatherly were on the brief, for plaintiff in error.

Mr. Gregory L. Smith, with whom Mr. H.L. Stone was on the brief, for Louisville and Nashville Railroad Company, plaintiff in error in No. 451, argued simultaneously herewith.1

Mr. Robert E. Steiner, Mr. Leon Weil, Mr. T.M. Cunningham, Jr., Mr. A.R. Lawton and Mr. Horace Stringfellow, for Central of Georgia Railway Company, plaintiff in error in No. 466, submitted.1

Mr. Alexander M. Garber, Attorney General of the State of Alabama, and Mr. Samuel D. Weakley, with whom Mr. Henry C. Selheimer was on the brief for defendants in error in this case and in Nos. 451 and 466.1

MR. JUSTICE DAY, after making the foregoing statement, delivered the opinion of the court.

The Supreme Court of Alabama placed its decision upon the ground that the act of March 4, 1907, should be sustained as a lawful tax, not upon the franchises of a foreign corporation, as property, but as a tax "to add to the license tax already required an additional privilege tax for the continued exercise of the corporate franchises...

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