Lane v. Commissioners.

CoNNOR, J., after stating the case: The defendants contend that the facts set forth brings the case within the decision in State v. Roberson, 136 N. C., 587. It will be noted *445 that the jury in that case found by a special, verdict that the defendant “did engage in the business of procuring laborers for employment out of the State, to-wit: for one E. IT. Jones, in the State of Georgia, without having paid,” etc. This finding brought the defendant clearly within the language and spirit of the statute. This case, in our opinion, comes within the principle of Carr v. Commissioners, 136 N. C., 125 — the only difference between the two cases being that in one the plaintiff hired hands for himself, while in the other he hired for a corporation of which he was director and manager, in respect to the work for which the hands were employed. In neither case can it be said the plaintiff was “engaged in the business of hiring hands,” etc. We cannot perceive any distinction be- ■ tween the cases because of this difference. As we said in both cases (following Moore’s case, 113 N. C., 697; 22 L. R. A., 472; and Hunt’s case, 129 N. C., 686; 85 Am. St. Rep. 758), the statute is a revenue measure imposing a tax upon the business of hiring hands, etc. Its validity can be sustained only upon this view. We do not intend to hold that a corporation, engaged in business in another State, may employ an agent to come into this State and “engage in the business” of hiring hands without being amenable to the tax. We simply hold that an officer of a foreign corporation, coming here under the circumstances set forth in this record, and hiring hands for employment by himself, as the officer of the corporation, is not “engaged in the business,” etc. It may be difficult to draw the line in advance, so as to make the de-markation clear. AYe can only decide each case as it comes to us, keeping in view the general principle announced in Moore’s case, and in Runt’s case, supra. We concur with His Honor. The judgment must be Affirmed.