188 Mass. 239 | Mass. | 1905
These are informations in equity brought by the attorney general against a foreign corporation, the first at the relation of the commissioner of corporations, under St. 1903, c. 487, § 50, and the second at the relation of the treasurer and receiver general, under § 78 of the same chapter, to enforce the provisions of §§ 66, 67 and 75. These require every foreign cor
The general right of a State to prescribe the terms and conditions on which a foreign corporation may do business therein is unquestioned. Attorney General v. Bay State Mining Co., ubi supra. Waters-Pierce Oil Co. v. Texas, 177 U. S. 28. Hooper v. California, 155 U. S. 648. A corporation is not a citizen of a State, within the meaning of art. 4, § 2, of the Constitution of the United States, which secures to the citizens of each State the privileges and immunities of the citizens of the several States. Paul v. Virginia, 8 Wall. 168. Pembina Mining Co. v. Pennsylvania, 125 U. S. 181. An important limitation of this right of a State to impose conditions forbids the restriction or regulation of interstate commerce in which such a corporation is engaged. Commonwealth v. Petranich, 183 Mass. 217, 219. Pickard v. Pullman Southern Car Co. 117 U. S. 34. Cooper Manuf. Co. v. Ferguson, 113 U. S. 727. Leloup v. Port of Mobile, 127 U. S. 640. Norfolk & Western Railroad v. Pennsylvania, 136 U. S. 114. Crutcher v. Kentucky, 141 U. S. 47. Postal Telegraph Cable Co. v. Charleston, 153 U. S. 692.
If the statute before us applied to the maintenance of a place of business solely for the purpose of engaging in interstate commerce it would be unconstitutional. Gloucester Ferry Co. v. Pennsylvania, 114 U. S. 196. Norfolk & Western Railroad v. Pennsylvania, 136 U. S. 114. Its language is broad enough to
It remains to consider whether the defendant has a place of business in Massachusetts which is used for purposes other than interstate commerce. The agreed facts show that it has. It maintains an office which apparently is not necessary to its interstate business, and if it is necessary to this part of its business, it is used in part in a domestic business. It also maintains an “ exide station ” for the purpose of repairing, and supplying to customers parts for repairing, the apparatus previously sold by it. While the statute is inapplicable to any business or place which belongs entirely to interstate commerce, it is applicable to the defendant, a corporation engaged in interstate commerce, which has, at the same time, a place of business for other purposes.
We are therefore of opinion that the defendant is liable to the forfeiture claimed in the first suit, and that the plaintiff is entitled to an injunction restraining the further prosecution of the defendant’s business in this Commonwealth, except the business of disposing of its goods as a part of interstate commerce, until this forfeiture, with interest and costs, is paid, and the certificate required by the statute is filed. In the second suit the plaintiff is entitled to a like injunction, to remain in force until the taxes, with interests and costs, are paid.
So ordered.