western live stock bureau revenue argued january decided february macpherson modrall albuquerque appellant frank patton santa fe appellees justice stone delivered opinion section chapter new mexico special session laws levies privilege tax upon gross receipts engaged certain specified businesses subdivision imposes tax per cent amounts received sale advertising space one engaged business publishing newspapers magazines question decision whether tax laid statute appellants sell without state advertisers space journal publish new mexico circulate subscribers within without state imposes unconstitutional burden interstate commerce appellants brought present suit state district recover tax paid protest exacted violation commerce clause federal constitution article cl trial overruled demurrer complaint gave judgment appellants reversed appellants refusing plead district gave judgment appellees affirmed case comes appeal second judgment section judicial code amended appellants publish monthly livestock trade journal wholly prepare edit publish within state new mexico office place business located journal circulation new mexico distributed paid subscribers mails means transportation carries advertisements obtained advertisers appellants solicitation contracts entered payment made remittances appellants sent interstate contracts contemplate provide interstate shipment advertisers appellants advertising cuts mats information copy payment due printing advertisements journal ultimate circulation distribution alleged new mexico appellants insist state courts sums earned advertising contracts immune tax contracts entered transactions across state lines result like transmission advertising materials advertisers appellants also performance involves mailing distribution appellants magazines points without state mere formation contract persons different within protection commerce clause least absence congressional action unless performance within protection proposition longer open question paul virginia wall hooper california new york life ins deer lodge county cf ware leland mobile county engel hence unnecessary consider impact tax upon advertising contracts except affects performance presently discussed taxation local business occupation separate distinct transportation intercourse interstate commerce forbidden merely ordinary course transportation intercourse induced occasioned business williams fears ware leland mobile county supra browning waycross general railway signal virginia utah power light pfost tax laid compensation received contract forbidden either contract apart performance within protection commerce clause incident preliminary printing publishing advertisements advertisers send cuts copy like appellants turn vexed question whether tax invalid performance contract compensation paid involves extent distribution interstate copies magazine containing advertisements lay one side fact appellants allege specifically contract stipulates advertisements shall sent subscribers state framed compensation earned subscribers outside state cancel subscriptions assume point appellants favor address argument present tax infringes commerce clause measured gross receipts extent augmented appellants maintenance interstate circulation magazine purpose commerce clause relieve engaged interstate commerce share state tax burden even though increases cost business interstate business must pay way postal richmond ficklen shelby county taxing district postal telegraph cable adams galveston texas bare fact one carrying interstate commerce relieve many forms state taxation add cost business subject property tax instruments employed commerce western union telegraph massachusetts cleveland backus adams express ohio state auditor adams express kentucky western union tel missouri ex rel gottlieb old dominion virginia property devoted interstate transportation used within without state tax fairly apportioned use within state sustained pullman pennsylvania cudahy packing minnesota net earnings interstate commerce subject income tax glue oak creek commerce carried corporation franchise tax may imposed measured net income business done within state including portion income derived interstate commerce may justly attributable business done within state fair method apportionment underwood typewriter chamberlain cf bass ratcliff gretton state tax commission taxes one way another add expense carrying interstate commerce sense burden reason prohibited hand local taxes measured gross receipts interstate commerce often pronounced unconstitutional vice characteristic held invalid placed commerce burdens nature capable point substance imposed fargo stevens michigan philadelphia pennsylvania galveston texas supra meyer wells fargo added crew levick pennsylvania fisher blend station state tax commission equal right every state commerce touches merely interstate commerce done without protection commerce clause bear cumulative burdens imposed local commerce see philadelphia pennsylvania supra state freight tax wall bradley dissenting maine grand trunk railway cf pullman pennsylvania supra multiplication state taxes measured gross receipts interstate transactions spell destruction interstate commerce renew barriers interstate trade object commerce clause remove baldwin seelig reasons state may lay tax measured amount merchandise carried interstate commerce state freight tax supra upon freight earned carriage fargo stevens supra philadelphia pennsylvania supra restricting effect state tax railway gross receipts wall compare miller dissenting case page taxation measured gross receipts interstate commerce sustained fairly apportioned commerce carried within taxing state wisconsin powers maine grand trunk railway supra cudahy packing minnesota supra express minnesota cases rejected apportionment found inadequate unfair fargo michigan supra galveston texas supra meyer wells fargo supra compare wisconsin powers supra whether tax sustained fair means measuring local privilege franchise maine grand trunk railway supra ficklen shelby county taxing district supra american manufacturing company louis method arriving fair measure tax substituted local property taxes cudahy packing minnesota supra express company minnesota supra cf postal telegraph cable adams supra see mchenry alford practical way laying upon commerce share local tax burden without subjecting multiple taxation borne local commerce subject gross receipts unapportioned made measure tax laid every state commerce carried tax gross receipts tolls use interstate trains tracks lying wholly within taxing state valid new york pennsylvania cf henderson bridge kentucky although like tax gross receipts rental railroad cars used interstate commerce within without taxing state invalid fargo michigan supra one case tax reaches part commerce carried within taxing state extends commerce carried without state boundaries valid similarly laid every state business conducted present case tax form substance excise conditioned carrying local business providing selling advertising space published journal sold paid subscribers receive interstate commerce price advertising sold made measure tax sustained similar tax said privilege manufacturing measured total gross receipts sales manufactured goods intrastate trastate interstate american manufacturing louis supra actual sales prices measured tax taken measure value goods manufactured appropriate measure value privilege taxation deferred goods sold ficklen shelby county taxing district supra sustained license tax measured percentage gross annual commissions received brokers engaged negotiating sales within sellers without state viewed authority american manufacturing louis supra seem decisive present case think tax assailed finds support reason practical needs taxing system constitutional limitations must accommodate double demand interstate business shall pay way time shall burdened cumulative exactions similarly laid local business said carrying local business may made condition state taxation distinct interstate commerce business preparing printing publishing magazine advertising peculiarly local distinct circulation whether circulation interstate commerce cf puget sound stevedoring tax one doubt tax privilege valid measured amount advertising space sold utah power light pfost supra federal compress mclean value oliver iron mining lord hope natural gas hall selling price taken measure value whose accuracy appellants challenge practical purposes convenient means arriving equitable measure burden may imposed admittedly taxable subject matter unlike measure tax sustained american manufacturing louis supra embrace purchase price magazine subscription price articles shipped interstate commerce far advertising rates reflect value attributable maintenance circulation magazine interstate think burden interstate business remote attenuated call rigidly logical application doctrine gross receipts interstate commerce may made measure tax experience taught opposing demands commerce shall bear share local taxation shall hand subjected multiple tax burdens merely interstate commerce capable reconciliation resort syllogism practical rather logical distinctions must sought see galveston texas supra recognizing every local law affects commerce regulation constitutional sense held local taxes may laid property used commerce value taxation may include augmentation attributable commerce employed finally equivalent value may computed measure related gross receipts tax latter substituted tax former see galveston texas supra perhaps enough privilege taxed type regarded separate distinct interstate transportation admit different treatment purposes taxation utah light power pfost supra federal compress warehouse mclean supra chassaniol greenwood value privilege fairly measured receipts tax invalid value enhanced appellants circulation journal interstate property taxes railroads invalid property value increased circumstance railroads interstate business added reason think tax subject objection leveled taxes laid upon gross receipts derived interstate communication transportation goods far value contributed appellants new mexico business circulation magazine interstate taxed taxed elsewhere value railroad property taxed locally tax one form substance repeated manner lay added burden interstate distribution magazine already noted receipts subscriptions included measure tax measured extent circulation magazine interstate events upon tax preparation printing publication advertising matter receipt sums paid new mexico elsewhere beyond control taxing power without commerce clause exert dominion distribution magazine subscribers dangers may ensue imposition tax measured gross receipts derived directly interstate commerce absent ways case differs fisher blend station state tax supra appellants rely exaction privilege tax laid upon occupation broadcasting held interstate communication comparable carried telegraph telephone measured gross receipts derived commerce broadcasting taxed also reception station wbt poulnot event cumulative tax burden imposed interstate communication might ensue gross receipts interstate transportation taxed vice tax percentage gross receipts goods sold wholesaler interstate commerce held invalid crew levick pennsylvania supra form substance tax thought one privilege local business separable interstate commerce cf american manufacturing louis supra none respects present tax objectionable justice mcreynolds justice butler opinion judgment reversed justice cardozo took part consideration decision case footnotes hereby levied shall collected tax commission privilege taxes measured amount volume business done persons account business activities engaging continuing within state new mexico business herein defined amounts determined application rates gross receipts follows amount equal per cent gross receipts person engaging continuing following businesses publication newspapers magazines gross receipts business publishing newspapers magazines shall include amounts received sale advertising space great britain levies annual license tax radio receiving apparatus see wireless telegraphy act edw explained geo implemented regulation printed great britain post office guide july