GPO-CONAN-2017-10-15.pdf

Payment of 10 per car per hour to owner of livestock

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payment of $10 per car per hour to owner of livestock for failure to meet minimum rate of speed for delivery upheld). But see Southwestern Tel. Co. v. Danaher, 238 U.S. 482 (1915) (fine of $3,600 imposed on a telephone company for suspending ser- vice of patron in arrears in accordance with established and uncontested regula- tions struck down as arbitrary and oppressive). 1884 AMENDMENT 14—RIGHTS GUARANTEED
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antee the unrestricted privilege to engage in a business or to con- duct it as one pleases. Certain kinds of business may be prohibited; and the right to conduct a business, or to pursue a calling, may be conditioned . . . . Statutes prescribing the terms upon which those conducting certain businesses may contract, or imposing terms if they do enter into agreements, are within the State’s compe- tency.” 221 Still, the fact that the state reserves the power to amend or repeal corporate charters does not support the taking of corpo- rate property without due process of law, as termination of the cor- porate structure merely results in turning over corporate property to the stockholders after liquidation. 222 Foreign (out-of-state) corporations also enjoy protection under the Due Process Clauses, but this does not grant them an uncondi- tional right to enter another state or to continue to do business in it. Language in some early cases suggested that states had plenary power to exclude or to expel a foreign corporation. 223 This power is clearly limited by the modern doctrine of the “negative” commerce clause, which constrains states’ authority to discriminate against for- eign corporations in favor of local commerce. Still, it has always been acknowledged that states may subject corporate entry or con- tinued operation to reasonable, non-discriminatory conditions. Thus, for instance, a state law that requires the filing of articles with a local official as a prerequisite to the validity of conveyances of local realty to such corporations does not violate due process. 224 In addi- tion, statutes that require a foreign insurance company to main- tain reserves computed by a specific percentage of premiums (includ- ing membership fees) received in all states, 225 or to consent to direct actions filed against it by persons injured in the host state, are valid. 226 Laws Prohibiting Trusts, Restraint of Trade or Fraud. Even during the period when the Court was invalidating statutes under liberty of contract principles, it recognized the right of states 221 Nebbia v. New York, 291 U.S. 502, 527–28 (1934). See also New Motor Ve- hicle Bd. v. Orrin W. Fox Co., 439 U.S. 96, 106–08 (1978) (upholding regulation of franchise relationship). 222 New Orleans Debenture Redemption Co. v. Louisiana, 180 U.S. 320 (1901). 223 National Council U.A.M. v. State Council, 203 U.S. 151, 162–63 (1906). 224 Munday v. Wisconsin Trust Co., 252 U.S. 499 (1920).
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