William R. Day

“ Moreover, we have held that it is no denial of equal protection for a state to impose a different rate upon one of its own corporations than that imposed upon a foreign corporation, for the privilege of doing business within its borders. ”

“ The state court held, and we think properly so, that foreign insurance companies occupy a relation to the state which is different from that of a domestic company. The latter has within the borders and taxing jurisdiction of the state a large amount of personal property, receiving protection, and subject to taxation. The foreign company has its reserves in the state of its domicile, and there subject to local taxation, which is of itself a substantial difference. ”

“ In this connection the Northwestern Company contends that the tax upon it is so different from that imposed upon foreign level premium companies doing a like business within the state, that an arbitrary discrimination, amounting to a denial of equal protection, is exercised as against it and in favor of the foreign company. As we have already said, the foreign companies of like character pay a privilege or occupation tax in the sum of $300.00 per annum. ”