District, 164 U.S. 179 (1896).

[156] Coffman _v._ Breeze Corporations, Inc., 323 U.S. 316, 324-325
(1945), citing Tyler _v._ The Judges, 179 U.S. 405 (1900); Hendrick _v._
Maryland, 235 U.S. 610 (1915).

[157] Fleming _v._ Rhodes, 331 U.S. 100, 104 (1947). _See also_ Blackmer
_v._ United States, 284 U.S. 421, 442 (1932); Virginian R. Co. _v._
System Federation, 300 U.S. 515 (1937); Carmichael _v._ Southern Coal &
Coke Co., 301 U.S. 495, 513 (1937).

[158] 157 U.S. 429 (1895). The first injunction suit by a stockholder to
restrain a corporation from paying the tax appears to be Dodge _v._
Woolsey, 18 How. 331 (1856) which involved the validity of an Ohio tax.
The suit was entertained on the basis of English precedents. A case
similar to the Pollock Case is Brushaber _v._ Union Pacific R. Co., 240
U.S. 1 (1916). Hawes _v._ Oakland, 104 U.S. 450 (1881) is cited in the
Pollock Case, although it in fact threw out a stockholder's suit.

[159] _Cf._ Cheatham et al. _v._ United States, 92 U.S. 85 (1875); and
Snyder _v._ Marks, 109 U.S. 189 (1883).

[160] Smith _v._ Kansas City Title Co., 255 U.S. 180, 201, 202 (1921).

[161] Ashwander _v._ Tennessee Valley Authority, 297 U.S. 288 (1936).
Although the holdings of the plaintiffs amounted to only one-three
hundred and fortieth of the preferred stock, the Court ruled that the
right to maintain the suit was not affected by the smallness of the
holdings.

[162] 298 U.S. 238 (1936).

[163] Robert L. Stern, in The Commerce Clause and the National Economy,
59 Harv. L. Rev. 645, 667-668 (1948), gives the following account of the
litigation in the first bituminous coal case: On the same day that the
Bituminous Coal Act became law, the directors of the Carter Coal Company
met in New York. James Carter presented a letter saying the Coal Act was
unconstitutional and that the company should not join the Code. His
father agreed that the act was invalid, but thought the company should
not take the risk of paying the tax required of nonmembers in the event
the act should be sustained. The third director agreed with the elder
Carter, and the board passed a resolution rejecting James Carter's
proposals. This action was subsequently approved by a majority of the
voting stock held by James Carter's father and mother who outvoted him
and his wife.

[164] Massachusetts _v._ Mellon, 262 U.S. 447, 487 (1923). _See also_
Williams _v._ Riley, 280 U.S. 78 (1929).

[165] Fairchild _v._ Hughes,