The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-03-14
Supreme Tribunal Is To
Hand Down History
Making Decisions.
STANDARD OIL
CASE UP TODAY
Corporation Income Tax
Is Brought Up in
Vermont Case.

y
will be made by the United States su-
| preme court this week, and the eyes
of the nation will be upon that tri-
| bunal of last resort. The cases to be
heard today and on the succeeding
days Of this week will stir the founda-
tions of the commercial world. The
government suit for the dissolution of
the Standard Oil company and the
| test of the constitutionality Of the cor
poration tax are both on the calendar
for today
Not less than 10 cases growing out
of the corporation income tax provi-
sion of the tariff law are before the
United States supreme court, and
seven of these, including the typical
Vermont case of Stella p Flint
against the Stone Track company, are
assigned for argument today
The decision in the Vermont case,
it is declared, will affect a great ma
jOrity of the corporations in the Unit
ed States. Maxwell Evarts, of New
York appeared before the court as
counsel for Mrs. Stella P Flint, of
Windsor, Vermont, who instituted pro-
ceedings in the federal circuit court in
Vermont, as general guardian of the
property of Samuel N. Stone, jr.,
minor, against the Stone Tracy COM
pany, general retail mercantile cor
poration of Windsor, Vermont. Part of
the property of the minor consists of
shares in this corporation. 1t was
sought to enjoin the corporation from
required by the corporation tax pro-
vision, and from paying the tax, if
levied. The Vermont court ordered
the bill mismissed.
The case has reached the court in
record breaking time. An injunction
was sought in the United States court
for Vermont, a demurrer filed the
same day and at once sustained and
the case was hurried to Washington
within two days of. the time it was
filed.
The principle objection to the law
| as urged in this case are as follows:
First-The tax is a burden upon a
| franchine granted by the state of Yer
mont, and is based upon prerogative
and function of sovereignty belong
ing to the state and never relinquish-
ed.
Second-It is a violation of the fifth
amendment to the federal constitu-
ton, which protects a citizen against
being deprived of property without
due process Of law, in that, through
the publicity of it's business, the pri-
vacy of the corporations affairs will
be largely destroyed and it's chief
competitor, a general store operating
as partnership, and all others, will
be able to gain an intimate knowledge
Of the company and it's trade secrets,
while no corresponding publicity will
be permitted to the corporation. By
season of such unjust advantage the
corporation is dangerously threatened
and will be compelled to surrender it's
charter to the state and go into vol
untary dissolution
Third-The tax is unconstitutional
because the private property of the
corporation will be taken for public
use without pust compensation and
without any compensation whatever.
In that its private books, records, ETC.,
are taken for publication by the col
lector of internal revenue and given
TO the public. The corporation will
have no right against unreasonable
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