The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-07-29
SNAG FOR M'INTYRE
ATTORNEY GENERAL DOUGLAS
RULES THAT HE MUST PAY
INCORPORATION FEE
IT'S SIX THOUSAND DOLLARS

An Affidavit Was Presented to the
gagged Purely in Manufacturing
business, but the New Jersey
Articles Were Different, and
HaIIberg Would Not Stand for 1t.
A. c. Loring, vice president of the
Mcintyre consolidated milling interests
of Minneapolis, yesterday presented
certified copy of their New Jersey arti-
cles of Incorporation for acceptance py
Secretary of State Berg. The papers
were accompanied by an affidavit to the
effect that the company was engaged
purely in a manufacturing business. The
law allows all companies engaged in
manufacturing alone to do business in
this state without the payment of a fee.
The text of the articles of incorporation
and Mr.. Loring's affidavit do not, how
ever, correspond. The articles permit
the company to buy, sell and acquire
milling property, deal in grain, buy
patent rights and stocks and bonds of
other companies. 1t was these pro-
visions in the articles that Chief George
Hallperg took exception to and refused
to accept the articles without the paw,
ment OF the fee required of firms doing
non-manufacturing business. On
basis of the $z5,OW,OO0 capitalization the
lee VIII amount to about Sc, 900. Mr.. Hall
berg maintained that the McIntvra
trust did not come under the exemp-
ton of the law and referred the matter
TO Attorney General Douglass, who sus-
tanned MIR. Hallbergs position in the
following letter in response to me in.
quiry:
Dd lion Albert Berg, Secretary of State
the 274il ~ Atcconlpanylng your inquiry of
~ me I'm INST, you hand me application
~ III "elldlI OF the United States Flour Mill
sa9, Nf4d1ileGfi1ny, q corporation of New Jer-
Ely, 20 me certified copy of their arti-
aLce OF the certificate provided for nv
1872 % OF OF the Laws of 1899 At
Iacne - 10 the articles of Incorporation is
an aH!daVlt to the effect that the COM
P9ny IS engaged exclusively in the man
iuIdc!uIlhg business in Minnesota Won
t tnr If as to which controls in the mat
the privilege of doing business In this
state the articles setting forth the on
2eSLS OF incorporation, or the affidavit re-
In my judgment the purnoses ,o,,s+ ta
determined by the language of the artio
cIes OF incorporation. and inasmuch c the
49, l.tcIf Is IN question provide that the OBJ
JeclS Tor which the CORPORATION is formad
are not only to manufacture flour. blIt to
puy and sell cereals of every kind sc
t %en as TO purchase, hold, sell, assign,
J ~ iansLeI, mortgage, pledge and otherwise
CISPoSe OF the shares of the capital stock
ana OF any bonds, securities or evidences
Oh Indebtedness created by any other cor
PordlIQn or corporations in the state Of
view Jersey or any other State:" also to
purchase, acquire, hold and disposa of
letters patent, processes, devices inyen-
lIons, trade marks and "eXperience', II
i1oS oe taken as a corporation organ
IAeu 10 90 other than manufacturing busi-
ness, and therefore falls without excep-
tlon contained in chapter g. and must
pay the usual fee provided by said chap
Ter as basis for the issuing of a licanSa
TO do business in this state | am credi-
ply informed that this corporation, in adj
dltlon to the fact that it is doing a man
eelacturIng business. has actually hereto
fore engaged in the matter Of buying. in
the name OF third person, and now
holds in the name of one of its officers
capital stock in other corporations in this
state IhlS being true, it follows that il
is not manufacturing corporation with
In the meaning of said chapter So While
the language is very general, the design
Of this act was largely to place corrora-
lions organized In foreign states lIpon
the same basis as corporations organized
in Minnesota, and it has been the mi
form ruling OF my predecessors that do
meStC interpretations, organized for other
purposes in connection with that of man
ufactur1ng, must pay the fee required hv
section 1891 of the General Statutes Of
1894.
The articles were taken back to Mime
apolis by Mr.. Loring yesterday and the
company, to become legally qualified to
do business in this state, will either have
to alter their articles of incorporation
which will materially limit the scope Of
the concern, or pay the required fee as a
non-manufacturtng concern.