Empresa Siderurgica, S. a., et al. v. County of Merced et al. (337 U.S. 154)

U.S. Supreme Court · decided May 31, 1949 · Supreme Court Database (Spaeth)

Citation
337 U.S. 154 · 69 S. Ct. 995
Docket
No. 327
Argued
February 9, 1949
Decided
May 31, 1949
Term
October Term 1948
Vote
8–1
Majority author
Justice Douglas
Issue area
Economic Activity
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

How the Justices voted

Majority
Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Douglas (wrote), Justice Reed, Justice Black, Justice Rutledge, Justice Murphy
Dissenting
Justice Frankfurter (wrote)

Opinion on Justia

Opinion excerpt

Mr. Justice Douglas delivered the opinion of the Court. There was a cement plant in Merced County, California, which was sold to petitioner — a corporation of Colombia — for export to South America. An export license was obtained and a letter of credit in favor of the seller deposited here. Title passed' and possession was taken for the purchaser. A company, which was a common carrier, was employed to do the dismantling and packaging for shipment. As the dismantling proceeded, shipments were labeled with appellant’s name as consignee and delivered to a rail carrier. Respondent, acting under a California statute, levied a personal property tax on the property for the tax year 1945-1946. The tax date was March 5, 1945. On that date 12 per cent of the plant had been shipped out of the county. That portion was relieved of the tax. The balance was taxed. That included the 10 per cent which had been dismantled and crated or prepared for shipment, 34 per cent which had been dismantled but not crated or prepared for shipment, and 44 per cent which had not -been dismantled. But before the end of January, 1946, all the property had been shipped by rail to a port and was en route to South America by ocean carriér. . Article I, § 10, Cl. 2 of the Constitution provides in part that, “No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports,…

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