Opinion

State v. E. Allgeyer & Co.

  • 110 La. 839
  • 34 So. 798
  • 1903 La. LEXIS 717
Court
Supreme Court of Louisiana
Filed
Jun 22, 1903
Status
Published
Author
Provosty
On the bench
Provosty
Cited by
1 cases
Authority
More cited than 50.7%

The opinion

PROVOSTY, J.

This is a rule against defendants to show cause why they should not be condemned to pay the state a license for conducting the business of cotton buyers. Defendants show that their business consists entirely in filling orders which they receive from abroad for the buying of cotton; that is, they receive the orders, buy the cotton for their foreign clients, who give the orders, and ship the cotton to the foreign country. Defendants clearly are merely exporters, and it is well settled that a tax upon the importer or exporter is an impost or duty upon imports or exports, within the meaning of the prohibition of the Constitution of the United States against the laying of imposts-by the states. United States v. Thomas (C. C.) 115 Fed. 207 ; Fairbank v. United States, 181 U. S. 283 , 21 Sup. Ct. 648, 45 L. Ed. 862 , Brown v. Maryland, 12 Wheat. 419 , 6 L. Ed. 678 ; Welton v. Missouri, 91 U. S. 275 , 23 L. Ed. 347 ; Waring v. City of Mobile, 8 Wall. 110 , 19 L. Ed. 342 ; Machine Co. v. Gage, 100 U. S. 676 , 25 L. Ed. 754 ; Low v. Austin, 13 Wall. 29 , 20 L. Ed. 517 ; American Fertilizing Co. v. Board of Agriculture (C. C.) 43 Fed. 609 ; Welton v. Missouri, 91 U. S. 275 , 23 L. Ed. 347 ; Cook v. Pennsylvania, 97 U. S. 566 , 24 L. Ed. 1015 ; Leloup v. Port of Mobile, 127 U. S. 640 , 8 Sup. Ct. 1380, 32 L. Ed. 311 ; Webber v. Virginia, 103 U. S. 344 , 26 L. Ed. 565 ; Telegraph Co. v. Texas, 105 U. S. 460 , 26 L. Ed. 1067 ; City of St. Louis v. Western Union Tel. Co. (C. C.) 39 Fed. 59 .

Judgment affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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