Central of Georgia Ry. Co. v. Wright, 250 U.S. 519 (1919)

Central of Georgia Railway Company v. Wright

No. 30

Reargued October 13, 14, 1919
Decided October 27, 1919
250 U.S. 519

ERROR TO THE SUPREME COURT

OF THE STATE OF GEORGIA

Syllabus

The provisions in the charters granted in 1845 to the Southwestern and Muscogee Railroads limiting their tax liabilities to a certain percent of net income are to be construed like similar provisions in the earlier charters of the Augusta & Waynesboro (1838) et al. (cf. s.c., 248 U.S. 525; Wright v. Central of Georgia Ry. Co., 236 U.S. 674) as extending to a lessee, there being no ground to hold that the policy of the legislature had changed in the interim, although provisions in the earlier charters affording express evidence that it contemplated the income derived from letting as well as that from using and sharing the railroads are absent from the later charters. P. 523.

The policy remained the same when express power to let was given in 1852. P. 524.

Merger of the Muscogee with the Southwestern under an Act of 1856 did not affect the tax exemption. Id.

The court finds nothing in the later statutes or constitutions of Georgia that attempts to supplant or impair the tax limitations in the charters of the Southwestern and Muscogee Railroads. Id.

146 Ga. 406 reversed.

In this case, a rehearing was granted

insofar as the validity of the tax in question is involved in or depends upon the charters of the Southwestern and the Muscogee Railroad and the subsequent relevant legislation.

As to all other questions, leave to file the application was denied. 249 U.S. 590.

The judicial history of the charter tax exemptions is to be found in the following cases: Central R. & Banking Co. v. Macon (1871), 43 Ga. 605; Central R. & Banking Co. v. State (1874), 54 Ga. 401; Southwestern R. Co. v. State (1874), 54 Ga. 401; Central R. & Banking Co. v. Georgia (1875), 92 U.S. 665; Southwestern R. Co. v. Georgia (1875); Wright v. Southwestern R. Co., 64 Ga. 783; Southwestern R. Co. v. Wright (1886), 116 U.S. 231; Central R. & Banking Co. v. Wright (1896), 164 U.S. 327; Wright v. Central of Georgia Ry. Co. (1915), 236 U.S. 674; Central of Georgia Ry. Co. v. Wright (1919), 248 U.S. 525.