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BARWISE v. SHEPPARD

No. 10.

299 U.S. 33 (1936)

57 S.Ct. 70

81 L.Ed. 23

BARWISE ET AL., TRUSTEES, v. SHEPPARD, COMPTROLLER OF TEXAS, ET AL.

Supreme Court of United States.

Decided November 9, 1936.

Attorney(s) appearing for the Case

Mr. William R. Watkins for appellants.

Mr. William McCraw, Attorney General of Texas, with whom Mr. H. Grady Chandler, Assistant Attorney General, was on the brief, for appellees.

MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

A statute of the State of Texas imposing a tax on the production of oil is here challenged as violating the contract clause of the Constitution of the United States and the due process of law clause of the Fourteenth Amendment.

The appellants own lands from which oil is produced under a lease given in 1925. The lease is in the usual form of an oil lease; invests the lessee with the right to explore...

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