Reinhart v. McDonald

No. 11,915
Decided Circuit Court, N. D. California
Disposition
sustained
full scope · unanimous
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Court
Circuit Court, N. D. California
Decided
Judge
McKENNA, Circuit Judge
Posture
Defendant's demurrer to complaint pending
Plaintiffss (3)
J. W. Reinhart and others, receivers of Atlantic & Pacific Railroad Company
C. A. Sterry, E. S. Pillsbury
v.
Defendants (2)
J. R. McDonald, State Treasurer of California
W. F. Fitzgerald, Atty. Gen. Cal., W. EL. Anderson, Asst, Atty. Gen. Cal.

Overview

The demurrer is sustained, with leave to plaintiffs to amend within 20 days, if they shall be so advised; and the motion to dismiss is denied.

Case summary

Receivers of Atlantic & Pacific Railroad Company sued California's state treasurer under Political Code §3669, challenging state taxes on railroad rolling stock used in California. The rolling stock was leased from Southern Pacific Railroad Company and used in interstate commerce between Illinois and California, with taxes already paid in New Mexico. Defendant demurred, arguing federal court lacked jurisdiction (as suit against state) and complaint failed to state a cause of action. The Circuit Court held: (1) federal court had jurisdiction because the state statute allowing suit against treasurer could be invoked in federal court when other jurisdictional grounds existed; (2) rolling stock was not exempt from California taxation merely because used in interstate commerce; (3) payment of taxes in New Mexico did not create exemption; and (4) California constitution applied to all property in the state regardless of ownership, allowing assessment of rolling stock to the lessee. The court sustained the demurrer but granted plaintiffs 20 days to amend.

Abstract

Receivers of a railroad company sued the state treasurer, challenging taxes imposed on leased railroad rolling stock used in interstate commerce within the state, despite taxes paid elsewhere. The court held it had jurisdiction, the rolling stock was not exempt from state taxation due to interstate use or prior payments, and the state constitution permitted assessment to the lessee. The demurrer was sustained with leave to amend, while the motion to dismiss was denied.

Opinion of the court

Majority
opinion
McKENNA, Circuit Judge
  • Federal court has jurisdiction over suit against state treasurer under state statute
  • Interstate commerce use does not exempt property from state taxation
  • Payment of taxes in another jurisdiction does not create exemption
  • California constitution applies to all property in state regardless of ownership

Jurisdiction

challenged
Statutory basis
Section 3669 of the Political Code of California
Subject matter
Federal court jurisdiction based on diversity or federal question (interstate commerce and constitutional issues)
Jurisdictional holding
Court has jurisdiction; suit against state treasurer under state statute may be brought in federal court when other jurisdictional grounds exist
Jurisdictional facts
  • Plaintiffs are receivers of Atlantic & Pacific Railroad Company, a corporation of another state
  • Suit involves federal questions regarding interstate commerce and state taxation

Procedural posture

Posture at trial
Defendant's demurrer to complaint pending
Posture on appeal
Not an appeal; trial court ruling on demurrer
Preserved issues
  • Jurisdiction of federal court to hear suit against state treasurer
  • Legality of state tax on railroad rolling stock

Legal categories

Business

Case record

Full case name
REINHART et al. v. McDONALD, State Treasurer.
Docket number
No. 11,915
Court
Circuit Court, N. D. California
Trial court
Circuit Court, N. D. California
Trial court judge
McKENNA, Circuit Judge
Decided
Opinion author
McKENNA, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
McKENNA, Circuit Judge

Issues & holdings

4
Issues raised
4
affirmed
4
Holdings
Standard of review

de novo

Disposition rationale

Court holds that suit against state treasurer may be brought in federal court when other jurisdictional grounds exist, even if statute primarily contemplates state court suits

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Court follows precedent that interstate commerce use does not exempt property from state taxation

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Court follows precedent that payment of taxes in another jurisdiction does not exempt property from taxation where it is used

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Court interprets California constitution as applying to all property in state regardless of ownership, including rolling stock of non-owner lessee

Preservation

Issue preserved for review

Holdings of the court

Federal court jurisdiction over suit against state treasurer
Federal court has jurisdiction to hear suit against state treasurer under Political Code §3669 when other jurisdictional grounds exist
Right of suit against treasurer being given by state statute, it may be brought in federal courts when other jurisdictional grounds exist; numerous authorities support this position
unanimousbinding precedent
Tax exemption based on interstate commerce
Property used in interstate commerce is not exempt from state taxation
Follows Marye v. Railroad Co. and Pullman's Palace-Car Co. v. Pennsylvania which establish that interstate commerce use does not create tax exemption
unanimousbinding precedent
Tax exemption based on situs in another state
Payment of taxes in another jurisdiction does not exempt property from taxation where it is used
Follows established precedent that property may be taxed where it has actual situs and use
unanimousbinding precedent
Assessment of rolling stock to non-owner lessee under California constitution
California constitution applies to all property in the state regardless of ownership, including rolling stock used by lessee
California constitution Article 13, Section 1 includes 'all matters and things... capable of private ownership'; Section 10 provides assessment method for railroads; constitution applies to property 'of the state' without ownership limitations; distinguishes Marye v. Railroad Co. which involved Virginia statute with different language
unanimousbinding precedent

Statutory interpretation

2
Statute
Political Code of California §3669
Question
Whether suit against state treasurer may be brought in federal court
Court's reading
Statute allows suit against treasurer; may be brought in federal court when other jurisdictional grounds exist
Canons applied
Plain meaningPractical construction
no legislative history
Statute
California Constitution Article 13, Sections 1 and 10
Question
Whether constitution applies to property of non-owner lessees
Court's reading
Constitution applies to 'all property of the state' without ownership limitations; includes rolling stock used by lessee
Canons applied
Plain meaningComprehensive language
no legislative history

Burden of proof

Prosecution burden
Plaintiffs must show tax is illegal under applicable law
Defence burden
Defendant must show jurisdiction is lacking or complaint fails to state claim
Burden met
false
Burden-shifting issues
  • Plaintiffs failed to show tax was illegal under their claimed exemptions

Standards of review

  • Jurisdiction of federal court — de novo Legal question of whether federal court can hear suit against state treasurer under state statute
  • Interpretation of California constitution and tax exemptions — de novo Legal questions of statutory and constitutional interpretation

Timeline

rulingcited in opinion

Circuit Court sustains defendant's demurrer with leave for plaintiffs to amend complaint within 20 days; denies motion to dismiss

Outcome: Demurrer sustained; motion to dismiss denied

Court rules on jurisdictional and substantive tax issues, allowing plaintiffs opportunity to amend

Jurisdiction of federal courtLegality of state tax on rolling stock
McKENNA, Circuit Judge · Plaintiffs' attorneys · Defendant's attorneys Circuit Court, N. D. California trial court

Facts & evidence

Incident

Location
State of California

Key facts

6 facts
  1. Atlantic & Pacific Railroad Company (lessee) operates railroad in California under lease from Southern Pacific Railroad Company
  2. Company had 89 cars and locomotive engines (rolling stock) valued at $56,810 used along railroad line
  3. Rolling stock was assessed and tax collected in New Mexico territory
  4. Rolling stock used in interstate commerce between Illinois and California
  5. Southern Pacific Railroad Company (lessor) paid assessment on railroad including pro rata share of rolling stock in California
  6. Plaintiffs sued state treasurer under Political Code §3669 claiming tax illegal

Disputed questions

  • Whether rolling stock is exempt from California taxation due to interstate commerce use
  • Whether rolling stock has situs in New Mexico where taxes were paid
  • Whether Atlantic & Pacific Railroad Company as lessee can be assessed for rolling stock under California constitution

Procedural history

3 steps
  1. Plaintiffs filed complaint against state treasurer seeking relief from allegedly illegal taxes
  2. Defendant demurred on grounds of lack of jurisdiction and failure to state cause of action
  3. Court heard arguments on demurrer

Evidence in the record

Documentary
  • Complaint alleging facts about railroad operation and taxation
  • Political Code of California §3669
  • California constitution Article 13
Challenged
  • Evidence type: Tax assessment on rolling stock · Challenge basis: Illegality under interstate commerce clause and multiple taxation · Trial court ruling: admitted · Reasoning: Court found assessments valid under California law · Challenged on appeal: false · Appellate outcome: not applicable

Objects of relevance

89 cars and locomotive engines (railroad rolling stock) valued at $56,810

Policy considerations

  • State sovereignty in taxation matters
  • Need for uniform tax collection mechanisms for railroad property spanning multiple counties
  • Balance between state taxing power and interstate commerce

Authorities

Cited authorities (4)

Marye v. Railroad Co., 127 U. S. 117, 8 Sup. Ct. 1037
followedprecedent
Cited for proposition that interstate commerce use does not exempt property from state taxation
Pullman's Palace-Car Co. v. Pennsylvania, 11 Sup. Ct. 876
followedprecedent
Cited for proposition that interstate commerce use does not exempt property from state taxation
People v. Sacramento Co., 59 Cal. 325
followedprecedent
Cited for proposition that California constitution Article 13, Section 10 is self-executing
People v. Central Pac. R. Co., 105 Cal. 587, 38 Pac. 907
distinguishedquoteddistinguished
Discussed but distinguished; involved different question about classification of railroads
Justice Harrison's remarks about franchise as unit not applicable to tax exemption issue

Related cases (4)

Marye v. Railroad Co., 127 U. S. 117, 8 Sup. Ct. 1037
precedent
Cited for proposition that interstate commerce use does not exempt property from state taxation
Pullman's Palace-Car Co. v. Pennsylvania, 11 Sup. Ct. 876
precedent
Cited for proposition that interstate commerce use does not exempt property from state taxation
People v. Sacramento Co., 59 Cal. 325
precedent
Cited for proposition that California constitution Article 13, Section 10 is self-executing
People v. Central Pac. R. Co., 105 Cal. 587, 38 Pac. 907
precedent
Discussed but distinguished; involved different question about classification of railroads

Statutes

  • Political Code of California §3669
  • California Constitution Article 13, Sections 1 and 10

Standards & doctrines

  • Interstate commerce clause tax immunity doctrine
  • State taxation power over property within borders

Legal principles applied

  • Property used in interstate commerce is not exempt from state taxation
  • State may tax property within its borders regardless of ownership
  • Federal courts may hear suits against state officers under state statutes when jurisdictional grounds exist

Notable quotes

“The right of suit against the treasurer of the state being given, it may be brought in the federal courts when other grounds of jurisdiction exist, as they do in this case.”
McKENNA, Circuit Judge — Discussion of jurisdiction over suit against state treasurer
Establishes federal court jurisdiction over state tax challenges under state statutes
“The California constitution, therefore, applies to property without regard to its kind or ownership. It is only necessary that it should be 'of the state.'”
McKENNA, Circuit Judge — Interpretation of California constitution's tax provisions
Broad interpretation of state's taxing power over all property within its borders
Index terms67
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Procedural terms
Entities and documentation
Legal actions
Action type
sustained
Target
defendant's demurrer to complaint
Appealed from
Circuit Court, N. D. California
Context
Court sustains demurrer on grounds that plaintiffs' claims for tax exemption fail as matter of law
Scope
full
Further instructions
Plaintiffs granted 20 days to amend complaint if they wish
Disposition vote
unanimous
Action type
denied
Target
motion to dismiss
Appealed from
Circuit Court, N. D. California
Context
Court denies motion to dismiss, finding federal court has jurisdiction over the suit
Scope
full
Disposition vote
unanimous
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