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N. & W. RY. CO. v. NORTH CAROLINA EX REL. MAXWELL

No. 610.

297 U.S. 682 (1936)

56 S.Ct. 625

80 L.Ed. 977

NORFOLK & WESTERN RAILWAY CO. v. NORTH CAROLINA EX REL. MAXWELL, COMMISSIONER OF REVENUE.

Supreme Court of United States.

Decided March 30, 1936.

Attorney(s) appearing for the Case

Mr. F.M. Rivinus, with whom Messrs. Theodore W. Reath, W.W. Coxe, Murray Allen, and Burton Craige were on the brief, for appellant.

Mr. A.A.F. Seawell, Attorney General of North Carolina, with whom Mr. Harry McMullan, Assistant Attorney General, and Mr. I.M. Bailey were on the brief, for appellee.

MR. JUSTICE CARDOZO delivered the opinion of the Court.

The question is whether a statute of North Carolina laying a tax upon the net income of interstate railway companies has been so applied to the appellant as to violate the prohibitions of the Constitution of the United States.

The Norfolk & Western Railway Company, a Virginia corporation, has lines of railway in North Carolina, Virginia, Maryland, West Virginia, Kentucky and Ohio. Its lines in North...

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