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STRATTON v. UNITED STATES

No. 3118.

42 F.2d 779 (1930)

STRATTON et al. v. UNITED STATES.

District Court, D. Massachusetts.

August 4, 1930.

Attorney(s) appearing for the Case

G. Philip Wardner, of Boston, Mass., for plaintiffs.

Frederick H. Tarr, U. S. Atty., of Gloucester, Mass., and J. Duke Smith, Asst. U. S. Atty., of Boston, Mass.

MORTON, District Judge.

The language of the act plainly includes the property which was taxed,1 so the question is whether any sufficient reason appears for not giving the statute its literal scope. Several reasons are suggested by the plaintiffs: (1) That the powers in question were created long before the passage of the act, most of them before the adoption of the constitutional amendment on which the act rests, and that to include such...

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