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 of, opinion and/or court:
“The vain man does not wish so much to be prominent as to feel himself prominent; he therefore disdains none of the expedients for self-deception and self-outwitting. It is not the opinion of others that he sets his heart on, but his opinion of their opinion.”
—Friedrich Nietzsche (18441900)
“All orthodox opinionthat is, today, revolutionary opinion either of the pure or the impure varietyis anti-man.”
—Wyndham Lewis (18821957)
“If a walker is indeed an individualist there is nowhere he cant go at dawn and not many places he cant go at noon. But just as it demeans life to live alongside a great river you can no longer swim in or drink from, to be crowded into safer areas and hours takes much of the gloss off walkingone sport you shouldnt have to reserve a time and a court for.”
—Edward Hoagland (b. 1932)