Commonwealth v. Texas & Pacific Railroad
Supreme Court of Pennsylvania
May 19th and 20th 1881. Before Sharswood, C. J., Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Dauphin county: Of May Term 1881, No. 172. This was an appeal by the Texas and Pacific Bailway Company, a corporation incorporated by Act of Congress, from the settlement of the auditor-general and state treasurer of Pennsylvania, against the said company, for office license tax, under section 16 of the act of June 7th 1879, assessed…
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May 19th and 20th 1881. Before Sharswood, C. J., Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Dauphin county: Of May Term 1881, No. 172. This was an appeal by the Texas and Pacific Bailway Company, a corporation incorporated by Act of Congress, from the settlement of the auditor-general and state treasurer of Pennsylvania, against the said company, for office license tax, under section 16 of the act of June 7th 1879, assessed upon the amount of the authorized capital stock of the company, which is ’$50,000,000. The annual tax-being at the rate…
1Opinion of the CourtJustice Sterbett
The 16th section of the Revenue Act of June 7th 1879 provides that no foreign corporation, except foreign insurance companies, &c., shall have an office in this commonwealth for the use of its officers, stockholders, agents, or employes, without first having obtained from the auditor-general a license to do so; for which license every such corporation shall pay “ annually one-fourth of a mill on each dollar of the capital stock which said company is authorized to have.” “ Provided, That no license shall be necessary for any corporation paying a tax under any previous section of this act, or…
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