Gulf Fisheries Co. v. Macinerney, 276 U.S. 124 (1928)

Gulf Fisheries Co. v. MacInerney


No. 178


Argued January 16, 1928
Decided February 20, 1928
276 U.S. 124

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS

Syllabus

A state license tax upon dealing in fish, regulated according to the weight sold, is not unconstitutional as applied to imported fish which, when the tax attaches, have lost their distinctive character as imports and have become, through processing, handling, and sale, a part of the common property of the state. P. 126. 17 F.2d 374, affirmed.

Appeal from a decree of the district court of three judges, denying a final injunction and dismissing the bill in a suit by the fisheries company to enjoin the defendant, a county attorney, from instituting criminal proceedings to enforce payment of a tax.