Chassaniol v. City of Greenwood, Miss, No. 428

CourtUnited States Supreme Court
Writing for the CourtBRANDEIS
PartiesCHASSANIOL v. CITY OF GREENWOOD, MISS
Docket NumberNo. 428
Decision Date12 March 1934

291 U.S. 584
54 S.Ct. 541
78 L.Ed. 1004
CHASSANIOL

v.

CITY OF GREENWOOD, MISS.

No. 428.
Argued Feb. 6, 1934.
Decided March 12, 1934.

On Appeal from Supreme Court of Mississippi.

Page 585

Messrs. Edward W. Smith and Sam C. Cook, both of Clarksdale, Miss., Ward Allen, of Greenwood, Miss., and Marcellus Green and Garner W. Green, both of Jackson, Miss., for appellant.

Messrs. J. A. Lauderdale, of Jackson, Miss., and A. H. Bell, W. S. Vardaman, Jr., and J. A. Tyson, all of Greenwood, Miss., for appellee.

Mr. Justice BRANDEIS delivered the opinion of the Court.

The city of Greenwood, Miss., laid by ordinance, in 1931 and in 1932, a tax 'upon every person engaged in the business of buying or selling cotton for himself' within the city. In each year a tax of $50 was assessed to Chassaniol. He paid it under protest; and duly applied for refund to the city council, claiming that the tax was illegal, and that the ordinances and the statutes (Laws Miss. 1930, c. 88, §§ 55, 56, 58; Laws Miss. 1932, c. 89, §§ 61, 62, 64) authorizing it as construed and applied were void, because they violate the commerce clause of the Federal Constitution (article 1, § 8, cl. 3). The city council refused the refund. Its action in denying this claim under the Constitution was sustained by both the circuit court of Leflore county and by the Supreme Court of the state. 166 Miss. 848, 148 So. 781, 786. Whether they erred in so holding is the only question presented for decision by this appeal.

Greenwood is a concentration point for long staple cotton and an active market for its purchase and sale. All of the cotton there dealt in is grown and ginned in Mississippi. It reaches the Greenwood warehouses, about 70 per cent. by rail, the rest by automobile, truck, or wagon. There, it is compressed substantially as described in Federal Compress & Warehouse Co. v. McLean, 291 U.S. 17, 54 S.Ct. 267, 78 L.Ed. 622.

Page 586

Purchases and sales are made upon the market by transfer and delivery of receipts issued by the local warehouses under the United States Warehouse Act (7 USCA § 241 et seq.). The prices are governed largely by transactions on the cotton exchanges of New York, Chicago, New Orleans, and Liverpool.

There are at Greenwood about 25 cotton buyers, each of whom, like Chassaniol, purchases and sells cotton for himself. The buyer becomes the absolute owner. He makes the profit or bears the loss. But when he buys he customarily has in hand and in mind orders...

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72 practice notes
  • United States v. Seven Oaks Dairy Co., No. 4068
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • May 17, 1935
    ...United Mine Workers v. Coronado Coal Co., 259 U. S. 344, 42 S. Ct. 570, 66 L. Ed. 975, 27 A. L. R. 762; Chassaniol v. City of Greenwood, 291 U. S. 584, 54 S. Ct. 541, 78 L. Ed. 1004; Edgewater Dairy Co. v. Wallace, In other jurisdictions similar milk licenses have been deemed unenforceable ......
  • United States v. Mills, No. 2247.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • July 12, 1934
    ...1101, 3 A. L. R. 649, Ann. Cas. 1918E, 724; Coe v. Errol, 116 U. S. 517, 6 S. Ct. 475, 29 L. Ed. 715; Chassaniol v. City of Greenwood, 291 U. S. 584, 54 S. Ct. 541, 78 L. Ed. 1004. Indeed it would be difficult to state an activity more clearly involving only intrastate commerce than the bus......
  • Goldrick v. Coal Mining Co, BERWIND-WHITE
    • United States
    • United States Supreme Court
    • January 29, 1940
    ...S.Ct. 475, 52 L.Ed. 754. 7 Federal Compress & Warehouse Co. v. McLean, 291 U.S. 17, 54 S.Ct. 267, 78 L.Ed. 622; Chassaniol v. Greenwood, 291 U.S. 584, 54 S.Ct. 541, 78 L.Ed. 1004. 8 Eastern Air Transport, Inc. v. South Carolina Tax Comm., 285 U.S. 147, 52 S.Ct. 340, 76 L.Ed. 673; Gregg Dyei......
  • Russell Inv. Corporation v. Russell, 33028
    • United States
    • Mississippi Supreme Court
    • June 20, 1938
    ...171, 125 So. 96, 705; Miller v. Sherrard, 157 Miss. 124, 126 So. 903; Chassanoil v. City of Greenwood, 166 Miss. 848, 148 So. 781; Id., 291 U.S. 584, 54 S.Ct. 541, 78 L.Ed. 1004; Tucker Printing Co. v. Board of Supervisors of Attala County, 171 Miss. 608, 158 So. 336. It has been said that ......
  • Request a trial to view additional results
72 cases
  • United States v. Seven Oaks Dairy Co., No. 4068
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • May 17, 1935
    ...United Mine Workers v. Coronado Coal Co., 259 U. S. 344, 42 S. Ct. 570, 66 L. Ed. 975, 27 A. L. R. 762; Chassaniol v. City of Greenwood, 291 U. S. 584, 54 S. Ct. 541, 78 L. Ed. 1004; Edgewater Dairy Co. v. Wallace, In other jurisdictions similar milk licenses have been deemed unenforceable ......
  • United States v. Mills, No. 2247.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • July 12, 1934
    ...1101, 3 A. L. R. 649, Ann. Cas. 1918E, 724; Coe v. Errol, 116 U. S. 517, 6 S. Ct. 475, 29 L. Ed. 715; Chassaniol v. City of Greenwood, 291 U. S. 584, 54 S. Ct. 541, 78 L. Ed. 1004. Indeed it would be difficult to state an activity more clearly involving only intrastate commerce than the bus......
  • Goldrick v. Coal Mining Co, BERWIND-WHITE
    • United States
    • United States Supreme Court
    • January 29, 1940
    ...S.Ct. 475, 52 L.Ed. 754. 7 Federal Compress & Warehouse Co. v. McLean, 291 U.S. 17, 54 S.Ct. 267, 78 L.Ed. 622; Chassaniol v. Greenwood, 291 U.S. 584, 54 S.Ct. 541, 78 L.Ed. 1004. 8 Eastern Air Transport, Inc. v. South Carolina Tax Comm., 285 U.S. 147, 52 S.Ct. 340, 76 L.Ed. 673; Gregg Dyei......
  • Russell Inv. Corporation v. Russell, 33028
    • United States
    • Mississippi Supreme Court
    • June 20, 1938
    ...171, 125 So. 96, 705; Miller v. Sherrard, 157 Miss. 124, 126 So. 903; Chassanoil v. City of Greenwood, 166 Miss. 848, 148 So. 781; Id., 291 U.S. 584, 54 S.Ct. 541, 78 L.Ed. 1004; Tucker Printing Co. v. Board of Supervisors of Attala County, 171 Miss. 608, 158 So. 336. It has been said that ......
  • Request a trial to view additional results

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