24 V FEDERAL REPORTER" V
A dismiss voluntarily, so thatit could seek the state courts, and through
that avenue a proper construction of the acts of congress by the supreme
court of the United States; but that is unnecessary, if not improper, and _
I shall dispose of the case by remanding it to the rules for rehearing and
reargument before the regular judges, who may, in their discretion,
either provide for a dissent of record permitting this case to go to the su-
preme court by that process, if the party desires, or they might hold up
judgment here until the other case has been there decided on appeal, or
do whatever to them may seem just and right in the premises. Let
them decide it. So ordered. ‘
Yazoo & M. V. R. Co. v. Bosnia or LEVEE CoM’Rs.
(Uireuit Court, S. D. Mississippi. November 12, {888.)
1. Corrsrrrorronan L.·lw—·—Om.rc.vrroN or CONTRAC’l‘——TAXATION··EXEMPTION.
, Const. Miss. art. 12, §§ 13.20, which provide that the property of all corpo—
_ rations for pecuniary profits shallbe subject to taxation the same as the prop·
, erty of individuals, and that taxation shall be equal and uniform. apply to
corporations wholly private. and do not preventthe grant of an exemptionto
. a corporation of a quasi public character, which shall be irrepealable.
2. SAME. , . - _ _ . . .
" ’ The preamble of an act of the legislature creating a corporation declared the—
construction of a railroad through a certain part ofthe state to be a work of
, ~ great public importance, and recited that the difficulties of construction had
been such that no private company had been enabled to establish it. The act
then created the corporation for the construction 0f_' the road, and “to make
certain in advance of such investment, and as a·n inducement therefor, the
taxes and burdens which " the state would impose thereon, granted an exemp-
tion from all taxes for a certain term of years. Held, that the exemption was.
irrepealable.
8. SAME—POLICE PowEa-LavEE Taxes.
The charter havintg exempted the road from all taxation by cities and towns,
a levee tax. assesse by a levee district under authority of the legislature, is
void. as violating the obligation of the contract. The levee tax is not an ex-
ercise of the police power of the state. ` v
4. TAXATION—EXEMPTION—COMMENCEMENT OF Pnnron. . ‘
, The charter providing that the company "shall be exempt from taxation for
a term of twenty years from the completion of said road to the Mississippi
river, but not to extend beyond twenty-five years from the date of the ap-
proval of this act," the exemption does not begin until the road is completed
_ to the river. ,
V In Equity. Billlfor injunction.
' Bill for injunction by the Yazoo & Mississippi Valley Railroad Com-
pany against the board of levee commissioners, to restrain the collection
of certain taxes on plaintiil"s property.
‘ h W. P. do J.   Harris, for complainant. » h T
_ ,Mr. Calhoun, Mr. Green. and The Attorney General, forfdefendants.
r , HILL, J. The questionsnow to be decided arise upon defendant’s de-
murrer to complainantfs bill. The bill, in substance, alleges that the