Columbia Law Review Volume 11

Columbia Law Review Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...of property possessed by the national council. An injunction was obtained against the national council by the state council for infringement of these XClt!SlV fights, and it was out of this that the constitutional question aroseThe Only Point with which we are concerned is whether the State of Virginia, by virtue of granting the charter that it did, llafl the right to exclude the Pennsylvania corporation and to forbid It to constitute branches within the Virginia boundaries. It was held that the State of Virginia did have such a right. This is the firs? and only analogous case cited by Mr. Justice Holmeslln whlch the assumption of the burden was not made a condition Precedent to the corporation's entrance. At first glance, it may Sf-'cm that this case entirely supports Mr. justice Holmes' C0nte"' tron, but we must look at the facts and also at the vet)' guarded W'_)r(l$ Of the court and see exactly what was decided. The Court said, Mr. Justice Holmes himself writing the opinion: I' I I in ghe Supreme Court of Appeals was right, therefore' m tfretzilte SE'._COnSt1tl.1tlOIl3.l question as depending on the Pwer.O h tatc with regard to foreign corporations. That must declde t 8 6856. Now it is true, of course, that an unconstitutional lawn/O more binds foreign corporations than it binds others. Carroll v. Greenwich Ins. Co., 199 U. S. 401, 409. And no doubt a law specially directed against a foreign corporation might be unconstitutional, for instance, as depriving it of its property wtihout due process of law. See Blake v. McClung, I72 U. S. 239, 260. But wlzen the so-called property consists merely in the oalue that there might be in e;rtending its business or membership into a State, more

Product details

  • Paperback | 362 pages
  • 189 x 246 x 19mm | 644g
  • United States
  • English
  • black & white illustrations
  • 1236739728
  • 9781236739728