The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
In Crutcher _v._ Kentucky[629] a like result was reached, without
assistance from an act of Congress, with respect to a Kentucky statute
which provided that the agent of an express company not incorporated by
the laws of that State should not carry on business there without first
obtaining a license from the State, and that, preliminary thereto, he
must satisfy the auditor of the State that the company he represented
was possessed of an actual capital of at least $150,000. The act was
held to be a regulation of interstate commerce so far as applied to a
corporation of another State in that business. "To carry on interstate
commerce," said the Court, "is not a franchise or a privilege granted by
the State; it is a right which every citizen of the United States is
entitled to exercise under the Constitution and laws of the United
States; and the accession of mere corporate facilities, as a matter of
convenience in carrying on their business, cannot have the effect of
depriving them of such right, unless Congress should see fit to
interpose some contrary regulation on the subject."[630]
LICENSE TAXES
The demand for what in effect is a license is, of course, capable of
assuming various guises. In Ozark Pipe Line _v._ Monier[631] an annual
franchise tax on foreign corporations equal to one-tenth of one per cent
of the par value of their capital stock and surplus employed in business
in the State was found to be a privilege tax, and hence one which could
not be exacted of a foreign corporation whose business in the taxing
State consisted exclusively of the operation of a pipe line for
transporting petroleum through the State in interstate commerce, and of
activities the sole purpose of which was the furtherance of its
interstate business. Likewise a Massachusetts tax based on "the
corporate surplus" of a foreign corporation having only an office in the
State for the transaction of interstate business was held in Alpha
Portland Cement Co. _v._ Massachusetts to be virtually an attempt to
license interstate commerce.[632] In the same category of
unconstitutional taxation of the interstate commerce privilege, the
Court has also included the following: a State "franchise" tax on a
foreign corporation, whose sole business in the State consisted in
landing, storing and selling in the original package goods imported by
it from abroad, the tax being imposed annually on the doing of such
business and measured by the value of the goods on hand;[633] a State
privilege or occupation tax on every corporation engaged in the business
of operating and maintaining telephone lines and furnishing telephone
service in the State, of so much for each telephonic instrument
controlled and operated by it, as applied to a company furnishing both
interstate and intrastate service, and employing the same telephones,
wires, etc., in both as integrated parts of its system;[634] a State
occupation tax measured by the entire gross receipts of the business of
Public-domain text, read in full here on John Shaqi.
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