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GALVESTON, HARRISBURG & c. RY. CO. v. TEXAS

No. 207.

210 U.S. 217 (1908)

28 S.Ct. 638

52 L.Ed. 1031

GALVESTON, HARRISBURG AND SAN ANTONIO RAILWAY COMPANY v. STATE OF TEXAS.

Supreme Court of United States.

Decided May 18, 1908.

Attorney(s) appearing for the Case

Mr. Maxwell Evarts and Mr. Hiram M. Garwood, with whom Mr. Robert S. Lovett was on the brief, for plaintiffs in error.

Mr. Robert Vance Davidson, Attorney General of the State of Texas, and Mr. William Edward Hawkins, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action against certain railroads to recover taxes and penalties. The Supreme Court of the State held the penalties to be void under the state constitution, but upheld the tax. 97 S.W. Rep. 71. The railroads bring the case here mainly on the ground that the law upon which the action is based is an attempt to regulate...

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