Shirley High v. Coyne

• Decision Date: 14 May 1900
• Docket Number: No. 225,225
• Citation: 44 L.Ed. 997,20 S.Ct. 747,178 U.S. 111
• Parties: SHIRLEY T. HIGH and Jessie M. High, Appts. , v. F. E. COYNE, as Collector of the United States Internal Revenue, and Ellen T. High, as Executrix of James L. High, Deceased
• Court: U.S. Supreme Court

178 U.S. 111

20 S.Ct. 747

44 L.Ed. 997

SHIRLEY T. HIGH and Jessie M. High, Appts.,

v F. E. COYNE, as Collector of the United States Internal Revenue, and Ellen T. High, as Executrix of James L. High, Deceased.

No. 225.

Argued December 5, 6, 7, 1899.

Decided May 14, 1900.

The complainants, who are appellants here, filed their bill to enjoin the executrix of their father's estate from paying the legacy taxes levied by §§ 29 and 30 of the war revenue act of 1898. The collector of internal revenue was also made a defendant, and an injunction was asked against him to prevent his collecting or attempting to collect the taxes in question, which, it was asserted, he was about to enforce against the executrix, who, it was averred, would pay unless by the writ of injunction she was forbidden to do so. As heirs of their father and as beneficiaries of his estate, the complainants asserted they were entitled to prevent the executrix from making payment of taxes which were unconstitutional and hence void. The reasons relied on to show that the taxing law was repugnant to the Constitution of the United States were that the taxes were direct, and not apportioned, were not uniform, and were levied on objects beyond the scope of the authority of Congress. The bill was demurred to as not stating ground for relief. The demurrers were sustained, and from a decree dismissing the suit this appeal is prosecuted.

Messrs. A. M. Pence, John G. Carlisle, Peter B. Olney, William Edmond Curtis, Henry M. Ward, Ward B. Chamberlin, George F. Chamberlin, Julien T. Davies, Frederic R. Coudert, Jr., E. S. Mansfield, W. S. B. Hopkins, Thomas B. Reed, Thomas Thacher, Wheeler H. Peckham, Charles H. Otis, Richard C. Dale, Samuel Dickson, John C. Bullitt, George A. Carpenter, and Shirley T. High for appellants.

Solicitor General Richards for appellees.

Mr. Justice White delivered the opinion of the court:

As the court below did not grant an injunction, but dismissed the bill, it is unnecessary to consider whether the right would have existed to enjoin the collector of internal revenue, even had the court concluded that the averments of the bill disclosed a cause of action. Rev. Stat. 3226.

Every ground relied on to maintain that the taxes levied by §§ 29 and 30 of the war revenue act are repugnant to the Constitution has been decided adversely in the opinion this day announced in Knowlton v. Moore, 178 U. S. 41, 20 Sup. Ct. Rep. 747, 44 L. ed.——.

This disposes of this case, as the...