Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Honolulu Rapid Transit Land Company v…

It is contended that the charter, by fair implication, contracts against any other charges, especially in view of the ultimate division of the excess of income, after the payment of 8 per cent dividend. If the dividends do not exceed 8 per cent, the tax will fall wholly on the stockholders, contrary to the fair understanding of what the charter holds out.
Source: Wikisource

Oliver Wendell Holmes, Jr. Honolulu Rapid Transit Land Company v…

The tax in question is a property tax, and the effect of the decision is to uphold a valuation of the whole property as a going concern, and as more than a mere congeries of items; or, in other words, an addition of half a million dollars to the appellant's valuation, for the franchise of the company. The appellant says that this was contrary to § 17 of its charter, construed in the light of the scheme disclosed.
Source: Wikisource

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