Show UTAH MAY TAX GASOliNE USED BY AIRPLANES NE Supreme Court Action on Ruling in Wyoming Case Awaited Utah ma may have hae a state date tax on airplane airplane air air- plane gasoline if it the U. U S. S supreme court upholds the decision of Federal Federal Federal Fed Fed- eral District Judge Kennedy of Wyoming Wyo Wyo- ming in a recent case state officials declared Thursday Judge Kennedy sitting on the ca case e ethe the he Boeing Air Transport company had initiated against Wyoming de declared declared de- de dared that the Wyoming law taxing gasoline used in Interstate commerce was legal He based his ruling upon the fact that under Wyoming law the gas tax so collected must be paid to Rock Springs and Cheyenne for use In the development of airports at the two cities These airports are used b by the Boeing Doeing company which pays an annual rental The Interstate air lines operating through Salt Lake last year effected effect effect- ed an agreement with Utah under which the sta state te was not to collect a tax on gasoline used in interstate commerce This agreement was ba based ed on a U. U S. S supreme court de decision decision decision de- de which denied Kentucky the right to tax gasoline used by a ferry lem boat plying the Ohio river The decision which was written TUten by Continued on Pare Pue Eighteen t UTAH MAY TAX GASOliNE USED BY AIRPlANES Continued from froni Pace Fase Nine Justice George Sutherland held that the Kentucky tax was as a n. burden upon Interstate commerce and was as therefore therefore there there- fore in violation of the commerce commerce clause of the federal constitution The Utah law specified as did the Kentucky law lav that the money was to go into the state road fund Judge Kenndy in citing clUng the Kentucky Kentuck Kentucky Ken Ken- tuck tucky case said that the W Wyoming law was different since money was returned t to the airports used by the companies paying the tax The Thc tax therefore could not be construed as asa asa asa a burden on Interstate commerce he lie declared Attorney General George er said Thursday that he was watchIng watchIng watching watch watch- ing the W Wyoming case closely and added that he anticipated that Utah would amend end its law If It the supreme court sustained Judge Kennedy Henry H. H Blood chairman of the state highway commission called at attention attention at- at to the fact that the Western Aeronautical association is an offspring offspring offspring off off- spring of the Western Association of State te Highway Officials and that the relationship between highways and airways has long been recognized |