A Treatise On the Law of Railways

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Lacy, 43 Geo. 461. ''The Great Western R. W. Co. of = The Great Western R. W. Co. of Canada ». Miller, 19 Mich. (1 Clarke,) Canada v. Miller, 19 Mich. (1 Clarke,) 305.
305. ' Selma, Rome & Dalton R. R. Co.
'The Great Westem R. W. Co. of v. Lacy, 43 Geo. 461.
Canada v. Miller, 19 Mich. (1 Clarke,) « Selma, Rome & Dalton R. R. Co.
305. But qucere, if the statutory lia- v. Lacey, 49 Geo. 106.
biltty will maintain an action in an- ' Selma, Rome & Dalton R. R. Co.
other state at all, even if by comi
...ty ». Lacey, 49 Ge'o. 103.
86 THE LAW OF EAILWATS.
A foreign railroad corporation carrying passengers and freights from one state to another, through an intermediate state, may not be taxed by sucli intermediate state by a tax upon its business, graduated upon the number of passengers, and the amount of tonnage of freights, carried by such corporation into and through such intermediate state. Such a tax amounts to a tax upon the passengers themselves, in effect, and also upon the tonnage, and as such violates that provision of the constitu- tion of the United States giving to Congress alone the power to regulate commerce between the states; and therefore a law of a state Imposing it is inoperative and void.' 14, Proceedings against, by quo warranto.


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