Adams Express Co. v. Ohio State Auditor

165 U.S. 194, 17 S. Ct. 305, 41 L. Ed. 683, 1897 U.S. LEXIS 1963
CourtSupreme Court of the United States
DecidedFebruary 1, 1897
DocketNos. 337, 338, 339, 340, 398, 399, 400
StatusPublished
Cited by241 cases

This text of 165 U.S. 194 (Adams Express Co. v. Ohio State Auditor) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams Express Co. v. Ohio State Auditor, 165 U.S. 194, 17 S. Ct. 305, 41 L. Ed. 683, 1897 U.S. LEXIS 1963 (1897).

Opinions

Mr. Chief Justice Fuller,

after stating the case, delivered. the opinion of the court.

[219]*219No difference material to the determination of the controversy exists between the cases, and as matter of convenience the statement refers to the amended act and the records in Nos. 398, 399 and 400.

The contention that the act in question is invalid because repugnant to the constitution of the State of Ohio lias been disposed of by the decision of the highest tribunal of that State sustaining its validity. State v. Jones, 51 Ohio St. 492. These cases fall within no recognized exception to the general rule that the construction by the state courts of last resort of state constitutions and statutes will ordinarily be accepted by this court as controlling.

It is suggested that the decision of the Supreme Court of Ohio should not be followed because the case in which it was announced did not involve a genuine controversy but was prepared for the purpose of obtaining an adjudication, and, under the circumstances, ought not to have been considered by that court. But it was for that tribunal to pass on this question, and, as it entertained jurisdiction and delivered a considered opinion which appears in the official reports of the court as its judgment of the validity of the Nichols law under the constitution of the State of Ohio, it is not within our province to review its determination in that regard.

This brings us to the only inquiry which it concerns us to examine.

The legislation in question is claimed to be repugnant to the Constitution of the United States because in violation of the commerce clause of that instrument, and.because operating to deprive appellants of their property without due process of law, and of the equal protection of the laws.

We assume that the assessments complained of were made in pursuance of the definite rule or principle of appraisement recognized and established by the Nichols law, as construed by the Supreme Court of Ohio, and the question is whether the law prescribing that rule is valid under the Federal Constitution.

The nrincipal contention is that the rule contravenes the commerce clause because the assessments, while purporting to [220]*220be on the property of complainants within the State, are in fact levied on their business, which is largely interstate commerce.

Although the transportation of the subjects of interstate commerce, or the receipts received therefrom, or the occupation or business of carrying it on, cannot be directly subjected to state taxation, yet property belonging to corporations or companies engaged in such commerce may be; and whatever the particular form vof the exaction, if it is essentially only property taxation, it will not be considered as falling within the inhibition of the Constitution. Corporations and companies engaged in interstate commerce should bear their proper proportion of the burdens of the governments under whose protection they conduct their operations, and taxation on property, collectible by the ordinary means, doés not affect interstate commerce otherwise than incidentally, as all business is affected by the necessity of contributing to the support of government, Postal Telegraph Cable Co. v. Adams, 155 U. S. 688.

As to railroad, telegraph and sleeping car, companies, engaged in interstate cbmmerce, it has often been held by this court that their property, in the several States through which 'their lines or business extended, might be valued as a unit for -the purposes of taxation, taking into consideration the ules tó ‘which it was put and all the elements making up aggregate value, and that a proportion of the whole fairly' and properly ascertained might' be taxed by the particular State, without violating any Federal restriction. Western Union Telegraph Co. v. Massachusetts, 125 U. S. 530; Massachusetts v. Western Union Telegraph Co., 141 U. S. 40 ; Maine v. Grand Trunk Railway, 142 U. S. 217 ; Pittsburgh, Cincinnati &c. Railway v. Backus, 154 U. S. 421; Cleveland, Cincinnati &c. Railway v. Backus, 154 U. S. 439 ; Western Union Telegraph Co. v. Taggart, 163 U. S. 1; Pullman's Palace Car Co. v. Pennsylvania, 141 U. S. 18. The valuation was, thus, not confined to the wires, poles and instruments of the telegraph company; or the roadbed, ties, rails and spikes of the railroad company; or the cars of the sleeping car company; but [221]*221included. the proportionate part of the value resulting from the combination of the- means^ by which the business was carried on,' a value existing to an appreciable extent throughout the entire domain of operation. And it has been decided that a proper mode of ascertaining the assessable value of so much of the Whole property as is situated in a particular State, is in the case of railroads, to take that partirf the"value of the entire road which is measured by the proportion of its length therein to the length of the whole, Pittsburgh &c. Railway v. Backus, 154 U. S. 421; or taking as the basis of assessment such proportion of the capital stock of a sleeping car company as the number of miles of railroad over which its cars are run in a particular State bears to the whole number of miles traversed by them in that and other States, Pullman's Palace Car Co. v. Pennsylvania, 141 U. S. 18; or such a proportion of the whole value of the capital stock of a. telegraph company as the length of its lines within a State bears to the length of all its lines everywhere, deducting a sum equal to the value of its real estate and machinery subject to local taxation within the State, Western Un. Tel. Co. v. Taggart, 163 U. S. 1.

Doubtless there is a distinction between the property of railroad and telegraph companies and that of express companies. The physical unity existing in the former is lacking in the latter; but there is the same unity in the use 6f the entire- property for the specific purpose, and there are the same elements of value arising from such use.

The cars of the Pullman Company did not constitute a physical' unity, and their value as separate cars did not bear a-direct relation to the valuation which was sustained in that case. The cars were moved by.railway carriers under contract, and the taxation of the corporation in Pennsylvania was - sustained on the theory that the whole propérty of the company might be regarded as a unit plant, with a unit value, a proportionate part of which value might be reached by the state authorities on the basis indicated:

No more reason is perceived for limiting the valuation of the property, of express companies to horses, wagons and furniture, than that of railroad, telegraph and sleeping car [222]*222companies, to roadbed, rails and ties; poles and wires; or cars. The unit is a unit of use and management, and the horses, wagons, safes, pouches and furniture; the contracts for transportation facilities; the capital necessary to carry on the business, whether represented in tangible or intangible property, in Ohio, possessed a value in combination and from use in connection with the property and capital elsewhere, which could as rightfully be recognised in the assessment for taxation in the instance of these companies as the others.

We repeat that while the unity which exists may not be a physical unity, it is something more than a mere unity of ownership.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Delta Air Lines, Inc. v. Dept. of Rev.
374 Or. 58 (Oregon Supreme Court, 2025)
Comcast Corp. v. Department of Revenue
337 P.3d 768 (Oregon Supreme Court, 2014)
Comcast Corp. v. Dept. of Rev.
Oregon Supreme Court, 2014
Hunt Corp. v. Department of State Revenue
709 N.E.2d 766 (Indiana Tax Court, 1999)
Michigan Bell Telephone Co. v. Department of Treasury
518 N.W.2d 808 (Michigan Supreme Court, 1994)
Quill Corp. v. North Dakota Ex Rel. Heitkamp
504 U.S. 298 (Supreme Court, 1992)
Alaska Airlines, Inc. v. Department of Revenue
10 Or. Tax 518 (Oregon Tax Court, 1987)
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 1987
Western Title Guaranty Co. v. County of Stanislaus
41 Cal. App. 3d 733 (California Court of Appeal, 1974)
Coca Cola Co. v. Department of Revenue
5 Or. Tax 405 (Oregon Tax Court, 1974)
Interstate Finance Corp. v. Department of Taxation
137 N.W.2d 38 (Wisconsin Supreme Court, 1965)
Besser Company v. Bureau of Revenue
394 P.2d 141 (New Mexico Supreme Court, 1964)
Cleveland-Cliffs Iron Co. v. Corporation & Securities Commission
88 N.W.2d 564 (Michigan Supreme Court, 1958)
Cleveland-Cliffs Iron Co. v. Department of Revenue
45 N.W.2d 46 (Michigan Supreme Court, 1950)
Phillips v. Sinclair Refining Co.
44 S.E.2d 671 (Court of Appeals of Georgia, 1947)
Fleming v. Oklahoma Tax Commission
157 F.2d 888 (Tenth Circuit, 1946)
Natatorium Co. v. Board of Com'rs of Ada County
174 P.2d 936 (Idaho Supreme Court, 1946)

Cite This Page — Counsel Stack

Bluebook (online)
165 U.S. 194, 17 S. Ct. 305, 41 L. Ed. 683, 1897 U.S. LEXIS 1963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-express-co-v-ohio-state-auditor-scotus-1897.