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
Effect That the Company Was En-
gagged Purely in Manufactu turing
Business, but the New Jersey
Articles Were Different, and
HRIIberg 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 by
Secretary of State Berg. The papers
were accompanied by an affidavit to the
effect that the company was engaged
purely in 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. It was these pro-
visions In the articles that Chief George
Hallberg took exception to and refused
to accept the articles without the paw,
ment of the fee required of firms doing
mountaineering business. On a
basis of the $25, OG0, 900 Capitalization +ba
lee Will amount to about $50 Mr.. HALL
oerg maintained that the Mcintyre
trust did not come under the exemp-
tioh OF the law and referred the matter
10 Attorney General Douglass, who sus-
tanned Mr.. Hallberg's position in the
1oIlowlng letter in response to me in.
quiry:
DO non al; Albert Berg, Secretary of State
The 9TH ins accom- panylng your inquiry of
81 oile 2ttn INST, you hand me application
G III oeLdlI OF the United States Flour Mill
sa aS Of4tiipG1iny, q corporation of New Jer-
ciee! 81 of me certlfed copy of their arti-
a ah or the certificate provided for nv
ta iapeSr % OF OF the Laws of 1899 Al
oaclle q 10 the articles Of incorporation is
an aAioaVlt to the effect that the COM
Yf6ny IS engaged exclusively in the man
iuIdctuflng business in Minnesota Won
t tnr af as as TO which controls in the mat
III III VI HXlnS the fee TO be charged for
the privilege of doing business In nc
state the articles setting forth the oh
4 eCIS OF incorporation, or the affidavit re-
In my judgment, the pl1rnoses n,s+ bo
uelerInlned by the language of the arti
CleS OF ncorporatiOn.and inasmuch a 9 tha
49, LES IN question provide that the OBJ
JecIs Tor which the corporation is formed
a d. not only to manufacture flour. but to
puy and sell cereals Of every kind "a
Wen Wen as TO purchase, hold sell assign,
d diierAsIeI, mortgage pledge and otherwise
uIsPose OF the shares of the ca3ital stock
ano or any bonds, securities or eVidennas
OF Indebtedness created by any other cor
PordtlQn or corporations in the state of
view Jersey or any other state:" also To
purchase, acquire, hold and disnOse Of
letters patent, processes devices inyen
IONS, trade marks and ''eAperience'' if
i inuSt DC taken as corporation organ
IAeu TO 40 other than manufacturing bust
ness, and therefore falls without excen-
ton contained in chapter So and ro11S+
pay the usual fee provided by said chap
ter as a basis for the issuing of a licanea
to do business in this state. | am craji
ply informed that this corporation, in adj
dltlon to the fact that it is doing a man
GIactur1ng business, has actually hereto
fore engaged IN the matter Of buying in
the name Of a third person. and now
holdS in the name of one Of its officers
capital stock In other corporations in this
STA state rms being true, it follows that it
is not manufact turing corporation with
IN the meaning of said chapter 60 While
the language is very general, the design.
OF this act was largely to place corpora
tlohs organized in foreign states upon
the same basis as corporations ORGANIZED
IN Minnesota, and it has been the uni
form rullng of my predecessors that do
nestle interpretations, organized for other
purposes In connection with that OF man
ufacturlng, must pay the fee required by
section 1891 Of the General Statutes Of
1894 -
The articles were taken back to Minne-
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
Observation-Disclosures concern