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Show Im WILL WOT PAY DEIiEfl STATE TAX Salt Lake, April 1. Secretary of State David Mattaon late yesterday received a letter from William Sproule, president of the SouthernTPa-cific SouthernTPa-cific company, Baying the railroad would refuse to file amended articles of incorporation in this state and pay the tax of $104,750 claimed to bo due under the capitalization gJtven 'tho company in the records of tho interstate inter-state commerce commission. Mr. MnttBon said that his department depart-ment would ask the attorney general to institute court proceedings to compel com-pel the railroad company to file the amended articles and pay the S104,-750 S104,-750 tax. This action will undoubtedly prove a test case of the constitutionality of the state law providing for the collection col-lection of tax fees for tho amendment of articles of foreign corporations when the capital stock is increased. 'I he last articles of tho Southern Pacific on file in the state records show the road with a capitalization of $1,000,000. The Interstate commerce i nntnmfeatAn 1 n ci Iti f Arm Qrl li A COWfl. I tary of state that the road's capital is $420,000,000. The state now seeks to collect a tax of $250 for every one million dollars of capitalization. I In his letter to the secretary of I state Mr. Sproule said: I "I am advised by counsel that be- ! cause of constitutional and other reasons, rea-sons, the statutes to which you refer are not applicable to the Southern Pacific Pa-cific company. While the Southern Pacific company is willing to comply with the laws of Utah so far as it can without undue prejudice to its legal rights, it will not submit to the exaction of fees required as a condition condi-tion precedent to the filing of amended amend-ed articles of Incorporation." oo |