Summary

Portrait of Stephen Johnson Field Stephen Johnson Field Hoge v. Railroad Company — Opinion of the Court

The power of taxation is an attribute of sovereignty, and is essential to every independent government. Stripped of this power, it must perish. Whoever, therefore, claims its surrender must show it in language which will admit of no other reasonable construction. If a doubt arise as to the intent of the legislature, it must be solved in favor of the State.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Hoge v. Railroad Company — Opinion of the Court

Its claim to exemption arises in this wise: A company known as the Air Line Railroad Company in South Carolina was incorporated in 1856 by the legislature of that State and authorized to construct a railroad between certain designated points, and to equip, use, and enjoy the same, 'with all the rights, privileges, and immunities granted to the Greenville and Columbia Railroad Company under the act incorporating the same and the several acts amendatory thereof,' so far as they were applicable.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Hoge v. Railroad Company — Opinion of the Court

If it be assumed, however, that by the act incorporating the Air Line Company it acquired not only the immunity from taxation which the Greenville and Columbia Company possessed, but also its original exemption from future legislative control, this exemption ceased when the company obtained an amendment to its charter in September, 1868, before its consolidation with the Georgia Company.
Source: Wikisource

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