Abstracts of Current Decisions on Mines and Mining: October to December, 1915 Page: 7
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MINING TERMS.
BELL HOLES.
Bell holes are holes dug, or excavations made at the section joints
of a pipe line for the purpose of repairs.
Moore v.Hope Natural Gas Co. (West Virginia), 86 Southeastern, 564, p. 565, September 1915.
MINING CORPORATIONS.
FRANCHISE TAX-UNCONSTITUTIONAL AS APPLIED TO RECEIVERS.
Under the constitution of Ohio the power of taxation of privileges
and franchises is limited to the reasonable value of the privilege or
franchise conferred originally or to its continued value from year to
year; and these limitations prevent confiscation and oppression under
the guise of taxation, and the power of such taxation can not extend
beyond what is for the common or public welfare and the equal pro-
tection and benefit of the people; and where the property of a cor-
poration has passed into the hands of a receiver and the corporation
has ceased to do business, the franchise of such a corporation to be a
corporation and to conduct its authorized business as such is of no
value to the receiver and to the creditors whose property he holds
and whom he represents, and the franchise tax imposed by the statutes of
Ohio on such a receiver is, in its operation, confiscatory and oppressive,
and to that extent unconstitutional.
Keeney v. Dominion Coal Co., 225 Federal, 625, p. 628.
FRANCHISE TAX-INSOLVENCY-FAILURE' OF OFFICER TO DECLARE
DISSOLVE ION.
By section 5509 of the General Code of Ohio it is the mandatory duty
of the secretary of state to cancel the articles of incorporation of a
corporation that fails or neglects to make a report or to pay its
franchise tax for 90 days after the statutory time, and thereupon its
franchise would come to an end and the tax could not subsequently
be imposed. And where a corporation becomes insolvent and passes
into the hands of a receiver, the mere fact that the corporate officers
did not begin proceedings for a dissolution does not enable the State
to impose the franchise tax, where if the secretary of state had done
his duty under the mandatory act the corporation would have been
dissolved.
Keeney v. Dominion Coal Co. 225 Federal, 625, p. 629.
310110-.. ull. 118--16-2 7
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Thompson, J. W. Abstracts of Current Decisions on Mines and Mining: October to December, 1915, report, 1916; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc12324/m1/17/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.