American Express Co. v. Indiana

165 U.S. 255, 17 S. Ct. 991, 41 L. Ed. 707, 1897 U.S. LEXIS 1964

• Court: Supreme Court of the United States
• Decided: February 1, 1897
• Docket: Nos. 469, 470, and 471
• Status: Published

Opinions

Mr. Chief Justice Fuller

delivered the opinion of the court.

These were three actions instituted by the State of Indiana, in the Circuit Court of Marion County in that State, against the American Express Company, the Adams Express Company and the United States Express Company, to recover unpaid taxes for the years 1893 and 1894-, ■

The defendants filed answers, setting up, among other, de-fences, that the act under which the taxes were assessed was invalid because in' contravention of the Constitution of the United States.

The causes were consolidated and tried by the Circuit Court, which made a special finding of facts and stated conclusions of law thereon in favor of the defendants, and entered judgment accordingly. The consolidated cause having been carried on appeal to the Supreme Court of the State* the judgment below was reversed, and the cause' remanded, with instructions to restate the conclusions of law and to enter judgment against the defendant in each case as specifically directed. 42 N. E. Bep. 483. This was done, and from the judgments so entered writs of error were sued out from this court.

The legislation of the State of Indiana, the validity of which is attacked in these cases, so far corresponds with that of the- State of Ohio, that the questions presented upon this record arexthe same, in effect, as those considered in Adams Express Co. v. Ohio State Auditor, and other cases, just decided, 165 U. S. 194, and require no reexamination.

For the reasons there given the judgments are

Affirmed.