Summary
In City of Charleston v. Branch, 15 Wall, 470, the decree of the Circuit Court of the United States for the District of South Carolina was reversed, and the record remitted with instructions to proceed in conformity with the opinion of this court.
Summary of this case from BRANCH ET AL. v. CITY OF CHARLESTON ET ALOpinion
DECEMBER TERM, 1872.
In which case Branch had filed a bill against the councils of the said city and against the same South Carolina Railroad Company, to prevent the former from collecting and the latter from paying a tax, levied by the city on the station-house of the railroad, and the property appurtenant to it in the said city. The principles involved were the same as in the last case, and the court below granted the injunction, thus holding the property free from taxation. The city appealed.
The principles laid down in the preceding case must be applied to this. All parts of the road and property formerly belonging to the South Carolina Canal and Railroad Company, and all appendages and appurtenances thereof, are liable to taxation; whilst all property acquired by the South Carolina Railroad Company directly under its own charter, and for purposes connected with its original road, is exempt from taxation. Primâ facie the railroad terminus and depot in Charleston, and the property accessory thereto, belong to the South Carolina Canal and Railroad Company portion of the joint property. But if it can be fairly shown that any of the company's property in Charleston, claimed to be taxable, was acquired by the South Carolina Railroad Company for the accommodation of the business belonging to its original roads, or for the joint accommodation of the entire system of roads under its control, such property will, pro tanto, and in fair proportion, be exempt from taxation.
DECREE REVERSED, and the record remitted to the Circuit Court with directions to proceed
IN CONFORMITY WITH THIS OPINION.