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BARNES v. THE RAILROADS

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84 U.S. 294 (1873)

17 Wall. 294

21 L.Ed. 544

BARNES, v. THE RAILROADS.

Supreme Court of United States.

February 12-13, 1873.

March 3, 1873.

Attorney(s) appearing for the Case

In this court the cases were twice argued. On the first argument, the court being then composed of eight judges, there was an equally divided bench. After the accession of Mr. Justice Hunt a new argument was ordered, and it was accordingly reargued by Mr. G.H. Williams, Attorney-General, and Mr. S.F. Phillips, Solicitor-General, for the collector; and by Messrs. J.G. Gowen, Chapman Biddle, and Theodore Cuyler, for different railroad companies interested.

Mr. Justice CLIFFORD, now, March 3d, 1873, delivered the judgment of the court in all the cases, dividing them, as they had been argued, into two classes; the first class being where the dividend was declared prior to the 1st of January, 1870, and made payable afterwards; the second where it had been both declared and made payable afterwards.

I. IN THE FIRST CLASS.

Power to lay and collect taxes for Federal purposes, being vested exclusively in Congress...

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