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· 2/29/1892

Horn Silver Mining Co. v. New York State

Citations

  • 143 U.S. 305
  • 12 S. Ct. 403
  • 36 L. Ed. 164
  • 1892 U.S. LEXIS 2026

Syllabus

<p>The statute of New York of May 26, 1881, (Laws of 1881, c. 361,) imposing a tax upon the corporate franchise or business of every corporation, joint-stock company or association incorporated or organized under any law of. the State or of any other State or county, to be computed by a percentage upon its whole capital stock, and to be ascertained in the manner provided by the act, when applied to a manufacturing corporation organized under the laws of'Utah, and doing the greater part of its business out of the State.of New York, arid paying taxes in-Illinois and Utah, but doing a small part of its business in the State of New York, does not tax persons or property not within the State; nor regulate interstate commerce; nor take private property without just compensation; nor deny to the corporation.the equal protection of the laws; nor impose a tax beyond the constitutional power of the State: and the remedy of the corporation against hardship and injustice, if any has been suffered, must ' be sought in the legislature of the State.</p> <p>The cases respecting state taxation of foreign corporations reviewed.</p>

Judges: Field, Hablan

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