Opinion · Supreme Court of Louisiana

State v. E. Allgeyer & Co.

110 La. 839

Type
Opinion
Court
Supreme Court of Louisiana
Jurisdiction
Louisiana
Date
1903-06-22
Topic
litigation

PROVOSTY, J. This is a rule against defendants to show cause why they should not be condemned to pay the state a license for conducting the business of cotton buyers. Defendants show that their business consists entirely in filling orders which they receive from abroad for the buying of cotton; that is, they receive the orders, buy the cotton for their foreign clients, who give the orders, and ship the cotton to the foreign country. Defendants clearly are merely exporters, and it is well settled that a tax upon the importer or exporter is an impost or duty upon imports or exports, within the meaning of the prohibition of the Constitution of the United States against the laying of imposts-by the states. United States v.

Citator

State v. E. Allgeyer & Co. has been questioned or limited by later authorities: relies on overruled authority: 20 L. Ed. 517 (overruled by Department of Revenue v. Ass'n of Washington Stevedoring Companies). Read them before relying on it. 1 later decision cites it.

Authority status
caution
Cited by
1 opinion
PROVOSTY, J.

This is a rule against defendants to show cause why they should not be condemned to pay the state a license for conducting the business of cotton buyers. Defendants show that their business consists entirely in filling orders which they receive from abroad for the buying of cotton; that is, they receive the orders, buy the cotton for their foreign clients, who give the orders, and ship the cotton to the foreign country. Defendants clearly are merely exporters, and it is well settled that a tax upon the importer or exporter is an impost or duty upon imports or exports, within the meaning of the prohibition of the Constitution of the United States against the laying of imposts-by the states. United States v. Thomas (C. C.) 115 Fed. 207; Fairbank v. United States, 181 U. S. 283, 21 Sup. Ct. 648, 45 L. Ed. 862, Brown v. Maryland, 12 Wheat. 419, 6 L. Ed. 678; Welton v. Missouri, 91 U. S. 275, 23 L. Ed. 347; Waring v. City of Mobile, 8 Wall. 110, 19 L. Ed. 342; Machine Co. v. Gage, 100 U. S. 676, 25 L. Ed. 754; Low v. Austin, 13 Wall. 29, 20 L. Ed. 517; American Fertilizing Co. v. Board of Agriculture (C. C.) 43 Fed. 609; Welton v. Missouri, 91 U. S. 275, 23 L. Ed. 347; Cook v. Pennsylvania, 97 U. S. 566, 24 L. Ed. 1015; Leloup v. Port of Mobile, 127 U. S. 640, 8 Sup. Ct. 1380, 32 L. Ed. 311; Webber v. Virginia, 103 U. S. 344, 26 L. Ed. 565; Telegraph Co. v. Texas, 105 U. S. 460, 26 L. Ed. 1067; City of St. Louis v. Western Union Tel. Co. (C. C.) 39 Fed. 59.

Judgment affirmed.