United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lusk v. Botkin, 240 U.S. 236 (1916)

Lusk v. Botkin

No. 451

Submitted January 7, 1916

Decided February 21, 1916

240 U.S. 236

Syllabus

The objection to the constitutionality of the provisions of ch. 135, Kansas Law of 1913, taxing foreign corporation doing business in Kansas for such privilege measured on the proportion of its stock used in that state, resting in this case exclusively on the asserted invalidity under the commerce and due process clauses of similar provisions of the same statute in regard to domestic corporations doing interstate and intrastate business, and those objections having been found untenable (Kansas City & Fort Scott Ry. v. Kansas, ante, p. 240 U. S. 227), the sole basis of attack on such provisions as to foreign corporation fails, and they cannot be held unconstitutional in this action.

95 Kan. 271 affirmed.

The facts, which involve the constitutionality under the federal Constitution and the construction and application of the statute of Kansas of 1913 imposing taxes on foreign corporations, are stated in the opinion.

Page 240 U. S. 237