Adams v. Winona Cotton Mills

Mississippi Supreme Court
Adams v. Winona Cotton Mills, 92 Miss. 743 (Miss. 1908)
46 So. 401
Iitrteld

Adams v. Winona Cotton Mills

Opinion of the Court

Wi-iitrteld, C. J.,

delivered the opinion of the court.

The only thing involved in this case for our consideration is the constitutionality of chapter 48, p. 50, Laws 1900. We-do not think that act is retrospective with respect to this appellee. Section 1 of that act expressly provides that “all factories or plants, of the kind hereinafter named, which are now in course of establishment or which shall hereafter be established,” etc. *747The act expressly refers to factories now in course of establishment; that is to say, on March 6, 1900, the date of the passage of the act.- This corporation was chartered on February 1, 1900, and was in process of construction when this act was passed. The agreed statement of facts shows that it was in process of construction until August, 1901, when the operation of the factory was commenced.

The second section of the act expressly provides that any exemption under it shall commence from the date of the charter,, if a corporation, and that is all that is claimed in this ease. There is no want of harmony between section 182 of the Constitution of 1890, which is in full force, and the constitutional ordinance, which granted ten years’ exemption in certain cases, which expired on January 1, 1900. There is no merit in any of the contentions of the appellant.

The act of 1900, above referred to, is constitutional, and the-judgment is affirmed.

Reference

Full Case Name
Wirt Adams, State Revenue Agent v. Winona Cotton Mills
Cited By
1 case
Status
Published
Syllabus
1. Taxation. Exemption. Laws 1900, ch. 48, p. 50. Factories. Construction. Laws 1900, ch. 48, p. 50, approved March 6, 1900, providing for the exemption from taxation of a class of factories then in course of establishment or to be thereafter established, applied, without being given a retroactive effect, to a factory of the class then being constructed and which began operations after the statute became operative, although the company constructing and operating it was chartered before that time. 2. Same. Constitutional law. Constitution 1890, sec. 182. Said statute is constitutional; it is not violative of Constitution 1890, sec. 182, authorizing the legislature to grant five years exemption from taxation, after date of charters if corporate, to certain classes of manufactories.