Yocona Cotton Mills v. Duke
| Decision Date | 09 April 1894 |
| Citation | 15 So. 929,71 Miss. 790 |
| Court | Mississippi Supreme Court |
| Parties | YOCONA COTTON MILLS v. DUKE |
March 1894
FROM the chancery court of Yalobusha county, HON. B. T. KIMBROUGH Chancellor.
Bill by the Yocona Cotton Mills against C. W. Duke, taxcollector, to enjoin the collection of taxes assessed for 1892 on its factory in Water Valley, Mississippi. By agreement of counsel on the hearing, the sole question of determination was whether, under the exemption ordinance of the constitution of 1890, the appellant, which was incorporated in 1881, was exempt from taxation on its factory, which, since its organization in 1881, and up to and at the time the ordinance was adopted, owned and operated its factory in the manufacture of cotton twine, cotton yarn, and cotton batting in a finished state.
The exemption ordinance adopted by the constitutional convention and which went into effect November 1, 1890, is as follows Adopted by the convention November 1, 1890.
The court below held that the factory was not exempt, and dissolved the injunction, and complainant appeals.
Affirmed.
I. T. Blount, for appellant.
There is nothing retroactive in the ordinance. It simply exempts all factories manufacturing implements and articles of use in a finished state. The object was to encourage all manufactories to engage in the manufacture of articles of use in a finished state. Its language is broad enough to entitle appellant to the exemption.
George H. Lester, for appellee.
The ordinance exempted only factories "hereafter established." It did not have a retroactive effect. The purpose was to encourage the establishment of new factories, and not to withdraw from taxation the property of factories theretofore established. See Railroad Co. v. Thomas, 65 Miss. 553.
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