Ashley v. Ryan

Citations

• 153 U.S. 436
• 14 S. Ct. 865
• 38 L. Ed. 773
• 1894 U.S. LEXIS 2194

Syllabus

<p>If several railroad corporations, each existing under the laws of separate-states, consolidate into one corporation, a statute of one of the States, imposing a charge upon the new consolidated company of a percentage . on its entire authorized stock as the fee to the State for the filing of the articles of consolidation in the office of the Secretary of State of the State, without which filing it could not possess the powers, immunities, and privileges which appertain to a corporation in' that State, is not a tax on interstate commerce, or the right to carry on the same, or the instruments thereof; and its enforcement involves no attempt on the part of the State to extend its taxing power beyond its territorial limits.</p> <p>A State, in permitting a foreign corporation to become one of the constituent elements of a consolidated corporation, organized under its laws, may impose such conditions as it deems proper, and the acceptance of the' franchise implies a submission to the conditions without which the franchise could not have been obtained.</p>