The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-12-10
STATE !
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RECENT DECISION or THE. Y. s.
SUPREME COURT coMPELs COR.
/ PoRATtoNs TO PAY UP FEES TO
ApuolToR.

= b.
by the United sttaes Supreme court
al Washington that a State has the
right to compel nonresident and for.
eIgn corporations TO accept legal ser
vice through the stata auditor, in the
case Of st. Mary's Franco;Anerlcan
Petroleum Co. versus the State Of
West Virginia, the State was assured
o. the maintenance Of source Of rev.
epue which brings into tho Golfers be.
tween twenty and twenty-five thous-
aHd dollars a year.
1t has been two years since the act
of the West Virginia legislature max
ing the auditor attorney in fact, was
passed and thu revenue Of $42,5O0
collected at the rate Of $40 per year
from the 1926 corporations listed in
the auditors Office would have had
10 be returned the chartered concerns
by special act Of the Legislature, hae
the case been decided adversely.
There has been some objection to
the law as It now stands because a
concern which may be chartered or
procure authority 10 do business In the
State, within a short time of the clos
ing of the year in which it Is entered
n the auditors books, now has 10 pay
the tax of so for that year as II it
had been entered at the first Of the
year.
It Is very probable that recon-
mendtnlon will be made to the Legisla-
ture in the auditors report suggesting
that this fee be collected pro rata
for the time the corporation is on the
hooks during the first year.
The clause of chapter 30 OF the Acts
Of 1905, by which the auditor was
made attorney in fact. follows:
A bin constituting the auditor Of this
State the attorney in fact for all for
clgn and nonresident domestic cor
porations. Passed February %, In
effect 90 days from passage.
Sec. /. The auditor Of this State
shall be and he is hereby constituted
the attorney in fact for and on behalf
Of every foreign corporation doing bus
mess in this State, and of every non
resident domestic corporation. Every
such corporation shah by power OF at
torney, duly executed. acknowledged.
and filed in the auditors Office of this
State, appoint said auditor and his
successors in Office, attorney III fact
IL accept service Of process an notice
In this State for such corporation, and
BY the same instrument II shall de-
clare its consent that service Of any
process or notice in this State on sale
attorney in fact, Or his acceptance
thereof, endorsed thereon shall be
ciuivalent for all purposes to, and shall
be and constitute due and legal SER
vice upon said corporation.
Sec. .. Such foreign or non.rest-
dent domestic corporation shall at the
time of taking out It's charter or pro-
curing its authority to do business in
this State as the case may be, pay TO
me auditor as its said attorney, ten
dollars for his services as such for
The then current year ending on the
JOth day Of April ne&t ensuing; and
on or before the first day OF May, for
each year, such corporation shall pay
10 said auditor the like sum of ten
dollars for his services as sIch attor'
luey. And all such corporations as
llave heretofore taken out charters, or
prOcured authority to do business In
this State. shall for the fiscal yea.
commencing IN the first day OF May,
nineteen hundred and five, pay the
sum of ten dollars TO the auditor as
The fee Tor such attorney to receive
SCI vice Of process. and annually there
after n like sum. and such corporation
shall not be required 10 pay any fer
to the person who may have been
heretofore appointed It's attorney to re.
ceve service of process. All moneys
received by the auditor under this
chapter shall belong TO the State, and
be by him Immediately paid into the
Slate treasury. The auditor shall
keen in a well hound book IN his of.
Ace a true and accurate account OF all
moneys so received and paid over to
him.
Sec. c. Any corporation failing to
comply with the provisions of this act
in so far as it relates to the appoint
ment Of the auditor as its statutory
attorney, within ninety days from It's
Incorporation, shall forfeit one hun
bred dollars as a penalty for such fail
ure, and upon failure 10 pay such
penalty the charter Of such corpora
tion shall thereby be forfeited and be
void
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