Annual Report of the Commissioner of Insurance to the Governor of South Dakota

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State of South Dakota, Department of Insurance, 1904
 

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Стр. 43 - Having no absolute right of recognition in other States, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Стр. 11 - State of California, County of Los Angeles, ss. being duly sworn, says: That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Стр. 23 - Whilst there are exceptions to this rule they embrace only cases where a corporation created by one State rests its right to enter another and to engage in business therein upon the Federal nature of its business. As, for instance, where it has derived its being from an act of Congress and has become a lawful agency for the performance of governmental or...
Стр. 26 - Legislature from taking the property and franchises of incorporated companies and subjecting them to public use the same as the property of individuals, and the exercise of the police power of the State shall never be so abridged or construed as to permit corporations to conduct their business in such manner as to infringe the rights of individuals or the general well-being of the State.
Стр. 44 - The effect of our decision in this respect is that the state may compel the foreign company to abstain from the federal courts or to cease to do business in the state. It gives the company the option. This is justifiable, because the complainant has no constitutional right to do business in that state : that state has authority at any time to declare that it shall not trancact business there.
Стр. 43 - States, deprives both the employer and the laborer of his property without due process of law, and denies to them the equal protection of the laws.
Стр. 21 - But the privileges and immunities secured to citizens of each state in the several states by the provision in question are those privileges and immunities which are common to the citizens in the latter states under their constitution and laws by virtue of their being citizens.
Стр. 18 - Respect for the legislature, therefore, concurs with well-established principles of law, in the conclusion, that such act is not void, but voidable only; and it follows as a necessary legal inference from this position, that this ground of avoidance can be taken advantage of, by those only who have a right to question the validity of the act, and not by strangers. To this extent only is it necessary to go, in order to secure and protect the rights of all persons, against the unwarranted exercise...
Стр. 16 - ... one hundred dollars ($100) nor more than five hundred dollars ($500...
Стр. 44 - ... that state has authority at any time to declare that it shall not transact business there. This is the whole point of the case and, without reference to the injustice, the prejudice or the wrong that is alleged to exist, must determine the question. No right of the complainant under the laws or Constitution of the United States, by its exclusion from the state, is infringed ; and this is what the state now accomplishes. There is nothing, therefore, that will justify the interference of this court.

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