Commonwealth v. New York, L. E. & W. R. Co.

Citations

• 129 Pa. 463
• 18 A. 412
• 1889 Pa. LEXIS 972

Syllabus

<p>1. Section 4, act of June 30, 1885, P. L. 193, requiring corporations, upon the payment of interest upon their corporate indebtedness, to deduct and return the state tax imposed, applies not only to domestic corporations, but to foreign corporations doing business in this state.</p> <p>2. A corporation of one state cannot do business in another state without the latter’s consent, express or implied, and that consent may be accompanied with such conditions as the latter may impose, not unconstitutional in character and effect and inconsistent with jurisdictional authority.</p> <p>3. It is competent for the legislature of Pennsylvania to- impose upon foreign corporations doing business in this state, the duty, upon the payment of interest upon their corporate bonds held by resident holders, to deduct and return the state tax imposed by § 4, act of June 30, 1885, P. L. 193.</p> <p>4. The New York, L. E. & W. R. Co. is not relieved from this duty to collect and return said tax, or from liability therefor upon failure to perform such duty, by anything authorized, conferred, or required in the acts of February 16, 1841, P. L. 28, aud March 26, 1846, P. L. 179.</p> <p>5. Other questions, relating to the constitutionality, etc., of said act of June 30, 1885, P. L. 193, are ruled by Commonwealth v. Delaware Div. Canal Co., 123 Pa. 594, and the appeals in Commonwealth v. Le-high Y. R. Co., ante, 429.</p>