St. Louis & E. St. Louis Elec. Ry. Co. v. Hagerman, 256 U.S. 314 (1921)

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St. Louis & East St. Louis Electric Railway Company v.


Missouri ex Rel. Hagerman
No. 261


Argued March 23, 1921
Decided May 2, 1921
256 U.S. 314

ERROR TO THE SUPREME COURT
OF THE STATE OF MISSOURI

Syllabus

A street railroad company whose tracks crossed and were confined to a bridge between Missouri and Illinois was taxed, under Missouri Laws of 1901, p. 232, by valuing its rolling stock, poles, wires, cash, roadbed and superstructure as such, adding a reasonable valuation of "all other property," and assigning due proportions to Missouri as the basis of the tax. Held that the tax could not be regarded as a direct burden upon the company’s franchise to conduct its interstate traffic over the bridge, upon the ground that the "other property " valued consisted solely of that franchise, since it appeared that much of the value of the railway as a going concern was due to exclusive right on the bridge and lucrative traffic arrangements resulting from private contracts with other companies, which must have been considered by the taxing authorities in making the valuation. P. 316.

279 Mo. 616 affirmed.

This was an action by the State of Missouri to collect a tax levied on the property of the plaintiff in error railway company. The state courts, including the court below, sustained the tax. The facts are stated in the opinion.