Oregon v. Pacific States Tel. & Tel. Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Bean. This is an action by the State against the Pacific States Telephone & Telegraph Company to recover 2 per cent of the gross receipts of such company for the year 1906. The case is as follows: In 1903 the legislature passed an act requiring all corporations, domestic and foreign, doing business in the State, to pay an annual license fee of from $10 to $200, according to their capital stock.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Bean. This is an action by the State against the Pacific States Telephone & Telegraph Company to recover 2 per cent of the gross receipts of such company for the year 1906. The case is as follows: In 1903 the legislature passed an act requiring all corporations, domestic and foreign, doing business in the State, to pay an annual license fee of from $10 to $200, according to their capital stock. Laws 1903, p. 39. In 1906 there was proposed by an initiative petition, and adopted by the people in June of that year, pursuant to the…
1Opinion of the CourtJustice Bean
1. The question whether an initiative measure is subject to the veto power of the Governor was decided in State v. Kline, 50 Or. 426 (93 Pac. 237), and that case is conclusive here. What is said on the subject in Kadderly v. Portland, 44 Or. 118, 146 (74 Pac. 710: 75 Pac. 222), was in answer to the point that the initiative and referendum amendment deprived the Governor of a veto power over acts of the legislature and had no reference to measures proposed by the initiative.
2. The annual license fee required by the act of 1903 to be paid by corporations is a business or excise tax *165on the right…
2Cases cited13 opinions
- Home Insurance v. New York StateSupreme Court of the United States · 1890
- Maine v. Grand Trunk Railway Co.Supreme Court of the United States · 1891
- Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
- Kadderly v. PortlandOregon Supreme Court · 1903
- Caseday v. LindstromOregon Supreme Court · 1904
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3Cited by15 opinions
- State Ex Rel. Huddleston v. SawyerOregon Supreme Court · 1997
- State v. MontezOregon Supreme Court · 1990
- Straw v. HarrisOregon Supreme Court · 1909
- Standard Lbr. Co. v. PierceOregon Supreme Court · 1924
- Portland v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916
10 more not listed; retrieve them via the Exa API.