Memphis Steam Laundry Cleaner, Inc. v. Stone, Chairman, State Tax Commission (342 U.S. 389)

U.S. Supreme Court · decided March 3, 1952 · Supreme Court Database (Spaeth)

Citation
342 U.S. 389 · 72 S. Ct. 424
Docket
No. 253
Argued
December 3, 1951
Decided
March 3, 1952
Term
October Term 1951
Vote
8–1
Majority author
Justice Vinson
Issue area
Economic Activity
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Conservative
Constitutional ruling
State/territorial law held unconstitutional

How the Justices voted

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

Opinion on Justia

Opinion excerpt

Mr. Chief Justice Vinson delivered the opinion of the Court. The question before us is whether a Mississippi tax laid upon the privilege of soliciting business for a laundry not licensed in. that State infringes the Commerce Clause. Appellant operates a laundry and cleaning establishment in Memphis, Tennessee. In serving the area sur rounding Memphis, appellant sends ten of its trucks into eight Mississippi counties where its drivers pick up, deliver and collect for laundry and cleaning and seek to acquire new customers. Appellee, who is Chairman of the' State Tax Commission of the State of Mississippi, demanded that appellant pay $500 under the following provisions of the Mississippi “state-wide privilege tax law of 1944”: “Sec. 3. Every person desiring to engage in any business, or exercise any privilege hereafter specified shall first, before commencing same, apply for, pay for, and procure from the state tax commissioner or commissioner of insurance,, a privilege license authorizing him to engage in the business or exercise the privilege specified therein, and the amount of tax shown in the following sections is hereby imposed for the privilege of engaging or continuing in the business set out therein.” “Sec..45. Upon each person doing business as a transient vendor, or dealer, as defined in this section, and upon which a privilege tax is not specifically imposed by…

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