Clarksdale Insurance Agency v. Cole
Clarksdale Insurance Agency v. Cole
Opinion of the Court
delivered the opinion of the court.
It is settled in this state that “the equality and uniformity” clause of the constitution applies only to ad valorem taxes for general purposes. Daily v. Swope, 47 Miss., 367. It is also settled that it is competent for the legislature to tax any occupation or calling, according to its discretion, and if all of the same class are taxed alike, the constitutional mandate is complied with. Bank v. Worrell, 67 Miss., 47 (7 South. Rep., 219); Holberg v. Macon, 55 Miss., 112.
The contention that the imposition of this privilege tax is double taxation, in that it discriminates between corporations and individuals, to the disadvantage of corporations, is unsound. All corporations transacting business as insurance agents are taxed; all individuals engaged in the same occupation are taxed. This is an occupation or privilege tax, graduated by a standard fixed by the legislature. All of the same class are taxed alike, and this fulfills the requirement of the law. McIver v. Clarke, 69 Miss., 415 (10 South. Rep., 581). It is thoroughly compe
There is no federal question involved. Appellant is a domestic corporation, and, as such, subject to the imposition of such privilege tax as the legislature may deem expedient. Even if a foreign corporation, the rule would be the same. The state has absolute power to exclude a foreign corporation from its borders, or may permit its entrance upon its own terms. Horn Silver Mining Co. v. State, 143 U. S., 305 (12 Sup. Ct., 403; 36 L. ed., 164).
The masterly brief of the assistant attorney-general is conclusive upon all points involved. The statute assailed is constitutional.
Affirmed.
Reference
- Full Case Name
- Clarksdale Insurance Agency v. William Q. Cole, Insurance Commissioner
- Cited By
- 10 cases
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- Published
- Syllabus
- 1. Constitutional Law. Constitution 1890, sec. 112. Privilege taxes. Taxation. The equality and uniformity clause of Constitution 1890, sec. 112, providing that taxation shall be equal and uniform, applies only to ad valorem taxes for general purposes, and has no relation to privilege taxes. 2. Same. Laws 1904, eh. 76, see. 49, p. 69. Laws 1904, ch. 76, sec. 49, p. 69, imposing a privilege tax of fifty dollars on each insmance agency and a tax of fifteen dollars on each insurance agent, does not constitute double taxation as discriminating against corporations. 8. Same. Corporations. Both foreign and domestic corporations may be subject to such privilege taxes as the legislature sees fit to impose.