Opinion of The Court
The court held that the ad valorem tax assessed against the accounts receivable of these corporations violated the Equal Protection Clause of the 14th Amendment. The court declined to address the issue of whether Ohio violated the Due Process Clause in assessing this tax. The court pointed out that Ohio was not required to admit these foreign corporations to do business within Ohio, and could have limited the terms that these corporations could conduct business within Ohio, so long as any limits did not violate rights derived from the Constitution. Instead, Ohio chose to admit these corporations to conduct business in Ohio, a privilege that these corporations paid taxes to secure and maintain. Because Ohio chose to domesticate these foreign corporations, these corporations became entitled to equal protection with all other domestic corporations established under Ohio law. Ohio's ad valorem tax impermissibly discriminates between domestic and foreign corporations, denying appellants equal protection under Ohio law.
Read more about this topic: Wheeling Steel Corp. V. Glander
Famous quotes containing the words opinion and/or court:
“When an opinion has taken root in a democracy and established itself in the minds of the majority, it afterward persists by itself, needing no effort to maintain it since no one attacks it. Those who at first rejected it as false come in the end to adopt it as accepted, and even those who still at the bottom of their hearts oppose it keep their views to themselves, taking great care to avoid a dangerous and futile contest.”
—Alexis de Tocqueville (1805–1859)
“We went on, feeding the hungry, giving drink to the thirsty, clothing the soldier, binding up his wounds, harboring the stranger, visiting the sick, ministering to the prisoner, and burying the dead, until that blessed day at Appomattox Court House relieved the strain.”
—M. E. W. Sherwood (1826–1903)