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Pembina Consolidated Silver Mining And Milling Company v. Pennsylvania

• 1887 • 125 U.S. 181 • Waite Court
Pembina Consolidated Silver Mining and Milling Company v. Pennsylvania is a United States Supreme Court case that was decided in 1887. The case involved a dispute between the Pembina Consolidated Silver Mining and Milling Company and the state of Pennsylvania. The company had been granted a charter by the state of Minnesota in 1881, and it sought to do business in Pennsylvania. However, the state of Pennsylvania refused to recognize the company's charter, claiming that it was not valid in...Open Case
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Chief Waite Court
Term: 1887
Docket: 189
125 U.S. 181
8 S. Ct. 737
31 L. Ed. 650
1888 U.S. LEXIS 1926
Argued: Feb 16, 1888

Pembina Consolidated Silver Mining And Milling Company v. Pennsylvania

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Opinion Summary
AI Abstract

Pembina Consolidated Silver Mining and Milling Company v. Pennsylvania is a United States Supreme Court case that was decided in 1887. The case involved a dispute between the Pembina Consolidated Silver Mining and Milling Company and the state of Pennsylvania. The company had been granted a charter by the state of Minnesota in 1881, and it sought to do business in Pennsylvania. However, the state of Pennsylvania refused to recognize the company's charter, claiming that it was not valid in Pennsylvania. The Supreme Court ultimately sided with the company, ruling that the state of Pennsylvania had no right to deny the company's charter. The Court held that the company had been granted a valid charter by the state of Minnesota, and that the state of Pennsylvania had no authority to deny it. The Court also held that the company had the right to do business in Pennsylvania, and that the state of Pennsylvania could not interfere with the company's operations. This ruling established the principle that states cannot interfere with the operations of companies that have been granted valid charters by other states.

Dissent Summary
AI Abstract

In Pembina Consolidated Silver Mining and Milling Company v. Pennsylvania, the Supreme Court was asked to decide whether a state tax imposed on foreign corporations doing business within its borders violated the Constitution. The majority opinion held that such taxes were constitutional, but Justice Field dissented from this ruling. He argued that states had no power to impose taxes upon foreign corporations without congressional authorization because it would be an unconstitutional interference with interstate commerce and violate the privileges of citizens of other states who are shareholders in those companies. Furthermore, he reasoned that if Congress did not intend for these taxes to be imposed by individual states then they should have been expressly prohibited by federal law or treaty since there is no inherent authority granted to them under the Constitution. In conclusion, Justice Field believed that allowing each state to independently impose their own taxation scheme on foreign corporations would lead to chaos and confusion as different rules applied in different jurisdictions which could ultimately harm interstate commerce more than benefit it.

Opinion written by Justice SJField
Decided: Mar 19, 1888
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