The Montgomery advertiser., 1907-12-06

attorney gave IL as his opinion that the Governor has no right to sign portion of a bill, as this would defeat the very purposes of re- curing the concurrence of the two Houses with the Governor "The sign Ing or portion of any bill, and omit ling other sections" he said, would set dangerous precedent, and might result in the alteration of bills after they had once been agreed upon"
 The first section of the bill is as fol- lows: '
 H. s2. To amend Sections 1921 and ls.z of the Code of 1896 as amended by tue act approved March 2. 1907.
 Section l. Be 1t enacted by the Leg fsiature of Alabama that Section 1921 of the Code of 1S96 be, and the sarae is hereby, amended 50 as to read as follows
 ,"la2l. Admission fees exacted of foreign corporations. No corporation created by the laws ofnpther States or eign corporations which qualified in good faith to do business, In this State prior to March ', 1907. shall engage in or transact any business in this State without first having paid into the treasury for the use of the State the following charter fees: Each foreign corporation wh ose actual capital em- ployed or to be employed in this State, is $l0o or less, shall pay fee of 25 per centum of the actual capital em- ployed or to be employed in this State by. 1t. Each foreign corporation whose actual amount of capital employed in this State exceeds $100 and does not exceed $l,00O. shall pay a charter fee or 70 per centum upon the first $100 or the' actual amount of capital em- ployed in this State by 1t, and 5 per centum upon all such remaining aetual amount employed in this state bf 1t over $100, and up to and not exceeding the said limit of $1,00O. Each foreign corporatfon whose actual amount of capital employed in this State exceeds $l.o0O shall pay charter fec of 25 per centum on the first Sl0c of actual amount of capital employed in this State by 1t and 5 per centum upon all such actual capital employed in this State by 1t over $100 and up to S1 900. And one-tenth Of one per cent of such actual amount of capital in excess of $1.0o0. All corporations or mutual companies which have no capital stock, and all corporations which shall en- gage in this State solely in the lend ing business shall pay fee of s25." a
 The above is all that was contained in the bill signed by the Governor.
 The portion omitted and which was passed by both houses is as follows:
 "Section 2. That Section 1922 of the Code of 1896 be, and the same is hereby amended so as to read as follows
 "1322 Statement to be Filed. Such foreign corporation shall at the time of paying such fee into the treasurer file in the office of the State Auditor ar instrument of writing under the seal of the corporation and signed officially by the President or other chief of- fcer and the secretary of such corpo- ration, showing the name of the cor poration and the State or County un- der whose laws it was incorporated the amount of the total authorized capital of such corporation, its principal place of business. the name of it's authorized agent of such corporation in this State and the postoff1ce address of such au- Lhorized agent of such corporation in his State. and the location of the prin- sipal place of business of such cor ,oration in this State and also a state. nent showing the actual amount of ,apital employed in the State by such if such corporation is at he date of the filing of such state- nent engaged in business in this State md if such corporation Is not at the I late of the filing of such statement in business in this State, such
 
 If capital to be employed by such cor in this State.' which statement shall be sworn to by such President or other executive officer and the secre- .ary of said corporation before an Of fcer authorized under the law of this State to administer oaths or take &C., of conveyances. If he Auditor shall have reason to be- ieve that any of the statements made tT1Q mt un n s untrue. or that any fact or facts tated in such instrument are ineor- 'ectly stated. he shall have power to demand of such corporation, Its off, .ers, or agents, an inspection of the ,ooks. records and papers, of said for the purpose of ascer- aiming the truth or falsity of any Iuch statement, and any such corpora ion which shall refuse to permit the Auditor or such person as may be des- gnated by him to inspect the books ecords and papers of such corpora ion when such inspection is demanded | ,y the Auditor, shall not be allowed o transact any business or do any act n It's corporate capacity in this State intil such inspection is made. If the l Auditor. upon making such inspection # the books, records and papers of uch corporation, shall find that the l
 
 which is employed by the said corpor- Ltion in this State is in excess of the mount stated in su''h statement filed " such corporation. he shall demand ,pon such corporations, it's agents or ,fficers the payment of the difference n amount between the charter fee for l which such corporation would be liable l lpon the amount of capital set forth in uch statement, and the amount of the harter fee for which such corpora. ion upon. the amount of said capital inspection of the books, records and ,apers of such corporation, and any | uch corporation which shall fail, or efuse, for the space of sixty days liter the date that such demand is made by the Auditor to pay such | mount shown to be due by 1t in such | tatement. shall not be permitted to ngage in business or do any act in ts corporate capacity in this State at my time within five years from the late of such demand.
 And it shall be unlawful for any | organized. or doing busi- less under the laws of this State, | whether a domestic or foreign corpora ion, and in case of foreign corpora ion. whether 1t has compiled with the | avs of this State or not, to advertise | IT publish by printing. or circulating | IT causing to be printed or circulated 1 newspaper advertisements. hand bills. | ,osters. circular letters, letter heads, | whether on letter or envelope, busi-. ,ess or cards. or by any other method | lsed to advertise the amount of au->I horized capital stoSk of any corpora ion unless 1t also advertises the | mount Of the actual capital stock paid | n. And the violation of this last pro- .ision of this section shall subject the |