Dinsmore v. Southern Express Co., 183 U.S. 115 (1901)

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Dinsmore v. Southern Express Company

No. 136

Argued February 25, 1901
Decided November 18, 1901
183 U.S. 115

CERTIORARI TO THE CIRCUIT COURT OF

APPEALS FOR THE FIFTH CIRCUIT

Syllabus

This suit was brought in the Circuit Court of the United States for the Southern District of Georgia, by citizens of New York against the Southern Express Company, a corporation of Georgia, and the Railroad Commission of that state, to prevent the company from applying any of its moneys to meet the requirements of the War Revenue Act of June 13, 1898, in relation to adhesive stamps to be placed on bills of lading, etc. The circuit court having enjoined the commission from proceedings, appeal was taken to the circuit court of appeals, which reversed that decree, and ordered the case to be dismissed. The case was then brought to this Court and submitted here on February 25, 1901. On the second of March, 1901, an act was passed (to take effect July 1, 1901) excluding express companies from the operation of the War Revenue Act of 1898. Held:

(1) That no actual controversy now remains or can arise between the parties.

(2) That as the order of the circuit court of appeals directing the dismissal of the suit accomplishes a result that is appropriate in view of the act of 1901, this Court need not consider the grounds upon which the court below proceeded, nor any of the questions determined by it or by the circuit court, and that the judgment must be affirmed without costs in this Court.

The case is stated in the opinion of the Court.