Bergin Oil & Gas Co. v. Howard

(Syllabus.) 1. Taxation — Gross Production Tax— Validity of Statute. The validity of the act approved March 11, 1915, and being article 2, subdivision A, section 1, chapter 107, Session Laws 1915, and amending section 7464, Revised Laws 1910, is affirmed by authority of case of In re Gross Production Tax of Wolverine Oil Co. (No. 7426), found in 53 Okla. 24, 154 Pac. 362.' 2. Same — Case Overruled in Part — Nature of Tax. The holding in the above cited case that a gross production tax as provided in said provisions is an occupation tax and not a property tax, is overruled so far as material *and in conflict with the holding in the case of In re Protest of Skelton Lead & Zinc Company’s Gross Production Tax for 1919, decided in opinion by Chief Justice Harrison, April 5, 1921, 81 Okla. 134, 197 Pac. 495. This is an original action filed in the Supreme Court of the state of Oklahoma to determine the validity of a portion of the act approved March 11, 1915, being an act entitled: “An Act To Provide a Direct and Indirect System of Taxation, Article 1. Dire, ¡ System' of Taxation — 'Amendments—’being a portion of tbe Session. Laws of 1915, chapter 107, House Bill Ño. 84, and covering mining and gross revenue tax, and tbe part involved herein’being article 2, subdivision A, section 1, amending section 7464, Revised Laws 1910. Approved March 11,'1915. Emergency declared thereunder. Declared to be effective and in force from and after its passage and approved.