Broad River Power Co. v. Query, 288 U.S. 178 (1933)

Broad River Power Co. v. Query

No. 390

Argued January 20, 1933
Decided February 6, 1933 *
288 U.S. 178

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF SOUTH CAROLINA

Syllabus

1. A state tax on production and sale of electricity generated by water or steam power does not deny to those so producing it the equal protection of the laws because it does not extend to producers by internal combustion engines or to industrial plants generating electricity for their own use and that of their employees. P. 179.

2. A hydroelectric company which constructed and operates its plant by permission of the Federal Government, under the Federal Water Power Act, does not act as the agent of the Government in producing and selling electric power on its own account, and cannot claim exemption from a state tax on the power produced and sold upon the ground that the tax interferes with a federal function or burdens the Federal Government. P. 180.

60 F.2d 528 affirmed.

Appeals from decrees of the District Court of three judges dismissing bills to restrain enforcement of a state statute taxing the production and sale of electric power. Orders denying interlocutory injunctions were affirmed in 286 U.S. 525.