Show DECLARE THE TilE LAW AN IS I U Irol lr to 10 uk k fur for In Lii I nutS anil Authority ty In II Ti n jor IOV William Williem Spry pry attempt to set t his hi hand bend and nd seal I this Ll lIre f Monday In I April April to a ii revoking all the th charter of ff orr tk n that have hl not lot paid pid Ih ett cOr or pore Un tnt tax la ho he h will wl be topped stopped opp by b nr ni In Injunction Under the li protest that thu tb law Ian In IR I unconstitutional an attack wll wil wil wilId wilb b W made Id on It br by b the corporation II IIla I I la Is I declared de that In Issuing such uch i I proclamation 1 Spry will II rM hi h overstepping hi hl prerogative as an en n ex cx executive olI and allm the th lions nn of the Ih 01 ot the th coUrts court of which the thu Ih JudIciary I ls awa poy always Jeal Jealous 1 ous ulus u s who h h ln Pd l II ti corporations they represent not t to 4 pay py the I tax lax I declare eS that although lb the ti corporation I l a of the h legisla legislature 11 ture tur tur the ha h his not ever even n nth the th right to empower the executive of ot otI fleer r of ot the tha state tta to I act ct fur for It ii ItAn I I An Au A R son Kin nn as M v of or State St I Char Ch Chines rl lea B S A Tin makes mI up the list of or 6 corporation under tinder the th law I on nn Mardi March MarchU U 15 I the Ib Injunction It la is I understood underlIned will wi he h applied a tar for fn In the Ih courts court med and ld a vig rou right fight made md There are t cor corporation c In the Ih state tat which have Dot nei paid 10 the Ih lax Bus Many liTany or of rf them are figuratively tiger figur alvI speaking peaking already dead ded hut bat bt about Iut thIrd of that number have born been bC n advised that the Ih law ta I S unconstitutional and nd the th power delegated to te Spry II by the 1 I to 10 b be tested The Th stale tau tRa corporation law taw passed by bythe byth b the th legislature 1 In ROT 10 was w lo t tested ted and n found to t br bs b l When Tien the legislature I tu met mt In 1905 1 the th law I was u changing hn nl the Ih penalty In the th first place flare rr the Ih law lw provided that when a I corporation wa was w In default the at attorney torney turney general should bring pull cult aul against Int the ike Ih corporation to collect olt the tax x and Ind a fine Sn tn of or 1110 1 1410 could al airs 10 obe b be exacted ct This The ThI method mho of f procedure pr It I wa wu found would uld entail a great al expense rn In the th tax used and nd nn It I was waa l to give the th governor mr this the power wr to declare dl all 1 ii the corporations corporation null nuil nul And n l soul and nd revoke yoe the th charters charter by b th the 1 of a R blanket nt proclamation giving In the names a of or the Uio l corporations corporation The Th following provisions provision In the tI amended and law lw are Ar the one 0 which will willbe wi willbe be bt attacked aUk In the test teat case rai In an ef effort fort rort to It I unconstitutional Sec Sc S 4 Penalty for Neglect or lie lle Any corporation required tn to pay 1 the th lina l n tax lax herein provided which shall ball bal refuse or neglect to tn pay p the Ih same sameon ur on or before noon non of oC the 11 th day ulay da of or December following the day clay d of when hn IUM tax Is I payable ft shell shall be he deemed dt to be he In default and nd rot for such urh default there Ih al be he to tn the of tax n a 1 penalty of f 10 and nd unless such euch tax anti and Ind penalty shall hl he paid on or before the Shut Monday MonA of or April following the do lIe corporation shall hall by reason of uch uh default forfeit to 10 the State of Utah Itch the th amount of oC the lb tax and anti pen penalty RI alty antI and shall likewise for forfeit feit leit It I right to t any an bu ln s swithin within this stat Ial and the Ih tax lax and pen penalty alty ma a may be In collided as hereinafter provided Sec S S 5 List of Defaulting Com Corn Companies panIc to 10 be hI riled Piled With 11 he Ie Governor Thereon Tha secretary of it state on en 0 or rn before fo the day d of or March or ot tl year lal tile tt with Uw the tb governor of this Ihl 11 stIle state a R complete list hat lt of nC the names name of nf all corpor corporations with wills the th amount of license ln tax lax penalties and tests costs t re cc remaining f unpaid The governor for forat forat forIt at It least leant 10 lays days cR prior to the first rt Mon Monday Monlay lay day In April follow In if shall ahall such leh list In at least t two dally daily papers J of oC f general circulation within this stats end and nd shall Append to 10 such Much lists list 1111 and publish therewith hits his proclamation lo to lothe the tile effect rrt that unless the license llen tax lax wing awing by b such auch corporations together with wilh the th penalty and nn nil ni the east costS et shall IIII lie hi t paid to 10 the tle secretary of oC state I Ilor mi H lor or before noon I on the first rt Monday In April following such uh defaulting ear cor corporation c oratIon shall hll forfeit the Ih amount of th the he tax tx and the penalty nl and nd oat costs to tl th the he State of Utah Itah and shall also a for fo felt ft Us its right rl hl to carry on bul with within Ith in reid mid state and nd further that the Die of if f all ni defaulting domestic cor corporations Cr will viii 1 be tip revoked unless w pay payment ment nent Is I med mad md as tea la aforesaid Immediate Immediately ly h I after the Ih first Art Monday In April Apri lh the governor shall h I file Si nl with the Ih secretary of if tAle stat a full and complete list lt con containing rn sitting the th names I of or all RII corporations corporation whose wh right to I do business has b been bean b an annulled n and whose who have h been revoked The Th secretary rI of state tRI shall hAI forthwith notify the severe several county clerks Irk In I whose wh office the Ih article of f In Incorporation corporation which been forfeited are n on flies I and an shall hn also alit RI by b letter ad sui addressed d dd dressed d to 10 Us its I president or er secretary notify each corporation of n the I for forfeiture of Ita Its charter In ease caps cN of a I reinstatement as A provided In the next section I the tM lb secretary shall Iso IRO Im un Immediately mediately notify such uh county clerks clera of such euch ul fact fat In Las rase of forfeiture of oC the th th charter anti and Ind of oC the right to transact Irn business all the property pro nail and An assets of or the defaulting domestic corporations Iona shall aka II be held In trust I rt by bythe b the directors of such corporation as R a In r tae rase of Insolvent corporations sad and n the th same m proceeding may m be b b had hd with wll res respect pe t thereto a a as Is I applicable to 10 Insolvent vent nt corporations corporation Any An n Interest Interested ed MI 1 may my Institute such sch proceedings at atlay t tn lay any n time tim after a forfeiture has hus been n de declared d 4 as herein provided hut but In raM case the Ih he governor shall reinstate the charter the Ih proceedings proceeding shall el M at 1 once on be hi b dis dismissed dl di missed ml t and end all Al property restored to the officers of th the roi In case the ti asset Ia Sr are ar distributed they Ih shall hll be b ap applied p follows First to 10 the th tilled plied as se Vt payment of nf f the license ln tax t penalties and nd costs coats rl du due lue tn in the thai state It second Md to tr the lh credi creditors 41 10 LOtS tors of f the th corporation end and nd third an any n balance remaining shall be lawns among the stockholders In n accordant accordance with lh the amount of If stock tk held b beach bh by each h In II case a foreign corporation shall 1 nuke e default tul as I herein provided tl the lie secretary t of nf stat tnt shall l IRu sue hi his wart warrant stating staling the Ihl amount of the tha tax t penalty 1 and nd costs coats I due flu du to the lb Ih stats state and antI hell deliver such to say D of any nn of nf this thin state Ie who 1 nay may 1 and sell aali 1 any n property of a Foreign corporation lon a I upon up execution nd apply the thu Ih proceeds p to the pay payment neat ment of the th tax lav I pens InI penalty It y end and n costs tt J and aDd costs coats and any balance re ei remaining Mining after rr such uh sale shall by bv the Ih hint hlf br be l paul paid to the secretary of sisti tt rile u shall return th th the same m to this the tl cot cor corporation or whose wh property was we sold pro ro fitted bled lc that no nn more mo t 11 than rn property tn to t pa the thern tax t penalty and andoU oU ceta 1 shall be b py seised Id and nd sold said a d Despite the th fact ft that the tha law Is ii I to 10 be b lt Mr r Tn receives the tail nail every d day d the th tax tx from fran fl delinquent with wih the th penalty attached The h state t has h ha collected tol this thin year er about boat from fm the t corporation |