Stephen Johnson Field

Name: Wolff v. New Orleans — Opinion of the Court
Author: Stephen Johnson Field

Wolff v. New Orleans — Opinion of the Court

Summary

“Wolff v. New Orleans — Opinion of the Court”, is a work by Stephen Johnson Field. It explores elements such as bonds, tax and relator.

Quotes from Wolff v. New Orleans — Opinion of the Court (Stephen Johnson Field)

Stephen Johnson Field, Wolff v. New Orleans — Opinion of the Court

“ So long as the corporation continnes in existence, the court has said that the control of the legislature over the power of taxation delegated to it is restrained to cases where such control does not impair the obligation of contracts made upon a pledge, expressly or impliedly given, that the power should be exercised for their fulfilment. However great the control of the legislature over the corporation while it is in existence, it must be exercised in subordination to the principle which secures the inviolability of contracts. ”

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Source: Wikisource

Stephen Johnson Field, Wolff v. New Orleans — Opinion of the Court

“ To induce its adoption by the city's creditors, the act, in its seventh section, provides that no tax for the payment of the principal or interest of other than the premium bonds shall thereafter be levied; repeals all laws requiring or authorizing the city to pay any such tax, and declares that it shall be incompetent for any court to issue a mandamus to the officers of the city to levy and collect any interest tax other than on the premium bonds. ”

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Source: Wikisource

Stephen Johnson Field, Wolff v. New Orleans — Opinion of the Court

“ This doctrine has been repeatedly asserted by this court when attempts have been made to limit the power of taxation of a municipal body, upon the faith of which contracts have been made, and by means of which alone they could be performed. ”

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Source: Wikisource

Stephen Johnson Field, Wolff v. New Orleans — Opinion of the Court

“ But counsel also urge in their argument against the granting of the mandamus, that the power of a city to levy a tax upon property for all purposes, judgments included, is limited by acts of the legislature to one dollar and fifty cents on every one hundred dollars of valuation, and that the amount thus raised is insufficient to meet the current expenses of the city and pay previous judgments of other parties. ”

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Source: Wikisource

Stephen Johnson Field, Wolff v. New Orleans — Opinion of the Court

“ Legislation producing this latter result, not indirectly as a consequence of legitimate measures taken, as will sometimes happen, but directly by operating upon those means, is prohibited by the Constitution, and must be disregarded-treated as if never enacted-by all courts recognizing the Constitution as the paramount law of the land. ”

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Source: Wikisource

Stephen Johnson Field, Wolff v. New Orleans — Opinion of the Court

“ The views thus expressed dispose of the objections to the mandamus in this case, founded upon what is contained in the railroad act as well as what is omitted from it. Nothing new has been presented to our consideration to lead us to doubt the correctness of our conclusions. ”

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Source: Wikisource

Stephen Johnson Field, Wolff v. New Orleans — Opinion of the Court

“ The authorities having failed to comply with this request, she applied for a mandamus to compel them to pay it out of that fund or to levy a tax for that purpose, setting forth in her petition the recovery of the judgment, the issue of execution thereon, its return unsatisfied, and the refusal of the city authorities, as stated. ”

Stephen Johnson Field

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