US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for


Subscribe to Cases that cite 197 U. S. 70 RSS feed for this section

U.S. Supreme Court

San Francisco Nat'l Bank v. Dodge, 197 U.S. 70 (1905)

San Francisco National Bank v. Dodge

No. 44

Argued November 7, 1904

Decided February 27, 1905

197 U.S. 70


Section 5219, Rev.Stat., authorizes the taxation by the states of shares of stock of national banks but exacts that the tax when levied shall be at no greater rate than that imposed on other moneyed capital; no conflict necessarily arises between the federal statute and a state law solely because the latter provides one method for taxation of state banks and another method for national banks if there is no actual discrimination against the shares of the national banks resulting from the difference in method. If, however, irrespective of the face of the law, the system created by the state law, in its practical execution, produces an actual chanroblesvirtualawlibrary

Page 197 U. S. 71

and material discrimination against national banks, it does conflict with § 5219, Rev.Stat., and is void.

Where the record contains an express admission that a specified instance of taxation showing an undervaluation of the property of a corporation is illustrative of the method by which all other similar institutions are assessed under statute requiring full valuation, this Court cannot disregard the admission and consider that such undervaluation is an isolated instance, and that all the property of other similar institutions is assessed at full value in accordance with the provisions of the statute.

As it appears from the agreed statement of facts in this case that, under the laws of California, as construed by the highest court of that state, all the elements of value which are embraced in the assessment of shares of stock in national banks are not included in assessing the value of property of state banks and other moneyed corporations, there is a discrimination against the shares of national banks, and the state law taxing such shares, as so construed, violates, and is void under, § 5219, Rev.Stat.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 197 U. S. 75

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™