Document Type

Response or Comment

Publication Date

1914

Abstract

Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to such entry be required to surrender a right or privilege conferred upon it by the federal constitution or statutes. For example, a condition that no case should be removed by the corporation to the federal courts was declared invalid, and the corporation was allowed to remove cases despite the condition. Home Ins. Co. v. Morse, 20 Wall. 445. But for breach of such condition a state was allowed to revoke the, permit to engage in domestic business within its borders. Doyle v. Insurance Co., 94 U. S. 535; Security Mut. L. I. Co. v. Prezvitt, 202 U. S. 246. The terms of admission very often are in the nature of requirements for the payment of a license fee, an excise for the privilege of engaging in business within the state, and such license fees may be of any amount, and measured by any standard, the questions of reasonableness and discrimination not being involved. New York Life Ins. Co. v. McMaster, 84 S. C. 495, 66 S. E. 877.


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