Jurisdiction. Service upon Foreign Corporation. Accrual of Cause of Action outside the State

1927 ◽  
Vol 36 (6) ◽  
pp. 882
1920 ◽  
Vol 14 (1) ◽  
pp. 53-73
Author(s):  
Thomas Reed Powell

Several of the cases already considered under the commerce clause involved further questions under the Fourteenth Amendment. Georgia's misuse of the mileage ratio in applying the unit rule to the taxation of wandering cars was found so arbitrary as to violate the requirement of due process. The minority insisted that “the case presents no question of taxing a foreign corporation with respect to personal property that never has come within the borders of the state.” This was not specifically denied by the majority who seem to base their decision on excessive valuation of property within the jurisdiction rather than on taxation of property outside the jurisdiction. Yet in substance the case is one of taxing extra-state values though not extra-state tangible objects.Missouri's excessive fee for certificates authorizing the issue of bonds secured by railroad property within the state, which was held an unconstitutional regulation of interstate commerce, was alleged by complainant to be a violation of the Fourteenth Amendment as well. The opinion of the court did not pass on the due-process question, but the cases cited under the commerce clause relied also on the Fourteenth Amendment.


1967 ◽  
Vol 6 (6) ◽  
pp. 1146-1161

The Braden Copper Company, a foreign Corporation organized under the laws of the State of Maine of the United States, and with an agency authorized to operate in this country, is exempted from all taxes, contributions, duties or charges arising from, caused by, or as a consequence of the transfer of its property, assets and liabilities, rights and obligations, which it may effect upon formation of the Joint Mining Company** to be known as Sociedad Minera El Teniente S.A. This same exemption is granted to legal persons (corporate) who may be stockholders of Braden Copper Company.


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