United States v. Railroad Co.

Mr. Justice BRADLEY:

I concur in the judgment of the court in this case, without deciding whether Congress can or cannot tax the property of municipal corporations. I concur in the judgment on the ground that Congress did not intend by the internal revenue laws to tax property belonging to’ the States or to municipal corporations. This is apparent from the language of the 116th section' of the Internal Revenue Act of 1861. I also concur in the construction given by the • opinion to the Internal Revenue Act, that the tax imposed by the 122d section of that act was substantially a tax on the stock and bondholders, and not on the railroad or canal companies.