The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-12-12
license Tux
srCnrTARY JENKINS GIVES HIs
VIEWS ON THE LAW.
His 0Mlee Has No Means Of Ascer-
tanning whether Corporations
Are Actually Doing Business and
proceeds on Assun6ptfon All Are.
Special Dispatch to the Post Inteiligcncer.

OLYMPIA. Dec. 1.-THE attention OF
the secretary OF state beng called TO the
ssncer OF December 10. with reference TO
the Misunderstanding Of the major pen
atty In connection with the annual corpo-
ration license fees. Secretary jenkins to-
THE position taken by the editor Of the
Post-fnteiltgencer II not new one 10 US.
Many Of the correspondents OF this de-
the majoor penalty nor the license fee itself
Was due and collectible from CORPORA
tons not engaged In active business They
predicate their contention upon the IAN
laws Of 1s8D. which is TO the effect
that every corporation failing to pay the
license fee and penalty on or before the
felt felt the sum OF iive dollars for every day
which It shall continue to DO business as
q corporation after that date
I'm the first place. the words doing
in connection with the major penalty.
the principal provision Of the section being
that every corporation incorporated I'M
on or n Before the frss s day Of jolly OF each
and every year. pay to the secretary OF
state. for the use OF the state a LICENSE
fee OF ten dollars A. fair reading OF the
liability for the annual license fee is con-
ditioned primarily not upon the COM
pany's being actively. engaged in business.
but the fact to 81 ts
in the concluding portion of the section.
are to be construed according to the con-
tention Of the editor above mentioned.
section which relates to the impoGton of
the major penalty. This being true, the
question as to whether or not company
is doing business cannot In any why af-
feet its liability for the annual license
fee. But beyond this 1t Is the contention
OF this department, supported by the opin-
ion of the attorney generals office, that
corporation Incorporated under the laws Of
this state. A. so Incorporated for the pur-
pose Of doing business
"If this ID true, there would be no point
presumption that the company was do
Ing business could be successfully re-
butted, short Of the fling for record, In
ths q Ss e. the ssa
Is fair presumption that company
awaiting itself Of the Incorporation laws
Of this state. does so for the purpose OF
umptIon that so long as they continue to
hold and exercise the franchise created
by virtue Of our laws. they are continuing
to do business within the meaning Of tie
Indeed, any other view Of the case
would put this Office in. a condition Of
hopeless confusion. II the company is
actually engaged in business, it will be-
come a question OF fact for this office to
determine In each particular case. 1t ap-
pears to me that the matter Of liability
OF q corporation for the annual license fee
must be determined from the records of
this Office, and is not dependent upon per-
honal inquiry as to each particular case
The company may be doing business to-
day under the franchise derived by OPP
Grafton OF our INCORPORATION laws, and to-
tons. and still have the right next day or
next week to resume active business oper-
ations and, II the construction commended
for. by the editor was "a correct one, It
would require an army Of deputies for me
to ascertain. which Of the 10000 or 1900
corporation 1icense fee.
las I said before. this question as to
the liability for the fee and penalty has
been duly passed upon by the attorney gen.
eral, from whom / am required to accept
the statutory construction, and he holds
partment evidence Of the legal disincoy-
poration, 1t must be presumed to be doing
business and therefore liable for the an
nual license fee, with all accruipg penal
ties.
TT perhaps. will not be relevant for me
to state that this law as It stands, does
not meet my. approval personally. was
distinctly and emphatically in favor of its
repeal by the last legislature, but so long
as 1t remains upon the statute books il
will be my purpose and endeavor to strict
Iy and iinpartially enforce It. n the view
expressed in the editorial Of the 10th inst.
Is adopted by any considerable number OF
the corporations of this state. I shall con-
slider 1t my duty to seek the judicial con-
struction of the statute by instituting one
or more. actions in the courts to enforce
10 Ia w