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CHICAGO, B. & K.C. RAILROAD V. GUFFEY, 120 U. S. 569 (1887)

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U.S. Supreme Court

Chicago, B. & K.C. Railroad v. Guffey, 120 U.S. 569 (1887)

Chicago, Burlington & Kansas City Railroad v. Guffey

Argued January 3, 1887

Decided March 7, 1887

120 U.S. 569


The provision in the state constitution of Missouri of 1865, that

"No property, real or personal, shall be exempt from taxation except such as may be used exclusively for public schools and such as may belong to the United States, to this state, to counties, or to municipal corporations within the state"

applies to stock issued for constructing branches of the St. Joseph and Iowa Railroad in that state under the provisions of the statute of March 21, 1868, "to aid in the building of branch railroads in the State of Missouri," and the provision in the charter of that railroad company, enacted in 1857, that its stock should be exempt from taxation for state and county purposes does not apply to the stock issued for branches constructed under the act of 1868.

Immunity from taxation by the state will not be recognized unless granted in terms too plain to be mistaken. chanroblesvirtualawlibrary

Page 120 U. S. 570

This action was instituted in conformity with a local statute of Missouri to recover certain state and county taxes alleged to be due upon the property of the plaintiff in error situate in Putnam County in that state. The federal question is stated in the opinion of the Court.

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