52 So. 390 | Ala. | 1910
The appellant, the Chinnabee Cotton Mills, a corporation organized under the laws of the state of Alabama, with a capital stock of $50,000, and organized and operated for the sole purpose of running a cotton factory, paid for the year 1909 the license tax for operating, as provided by subdivision 27b of section 2363 of the Code of Alabama of 1907. It failed and refused to take a. privilege license required of certain corporations, as provided by subdivision 26 of section 2361 of the Code of 1907. For failing'to take out this
Section 2361, subd. 26, of the Code of 1907, is as follows: “All corporations, organized under the laws of this state and doing business in this state, not otherwise specifically required to pay a license tax, shall pay annually the following privilege taxes: Corporations whose paid up capital stock is under ten thousand dollars, ten dollars; corporations whose capital stock exceeds ten and is less than twenty-five thousand dollars, fifteen dollars; corporations whose paid up capital stock is twenty-five thousand dollars and does not exceed fifty thousand dollars, twenty-five dollars,” etc., grading them on up and increasing the license until the capital stock exceeds $1,000,000. Section 2361 of the Code of 1907 is as follows: “Licenses are required of all persons engaged in or carrying on any business or doing any act in this section specified, for which shall be paid for the use of the state the following taxes: * * * 27b. Cotton Seed Oil Mill.' — For every person, firm or corporation operating any cotton seed oil mill, cotton mill, or cotton factory, ten dollars, where the investment for plant and fixtures is less than twenty thousand dollars; on every plant where the investment is twenty thousand dollars and less than fifty thousand dollars, thirty dollars; on every plant where the investment is fifty thousand dollars and under one hundred thousand dollars, fifty dollars,” etc., grading them on up and increasing the license tax until the capital stock exceeds $1,000,000.
The judgment of the trial court is reversed, and a judgment is here rendered discharging the defendant.
Reversed and rendered.