George Sutherland

“ That a corporation is a 'person' within the meaning of the due process and equal protection clauses of the Fourteenth Amendment, and that a foreign corporation permitted to do business in a state may not be subjected to state statutes in conflict with the federal Constitution, is equally well settled. ”

“ It is a matter of public notoriety that chain drug stores in great numbers, owned and operated by corporations, are to be found throughout the United States. They have been in operation for many years. We take judicial notice of the fact that the stock in these corporations is bought and sold upon the various stock exchanges of the country and, in the nature of things, must be held and owned to a large extent by persons who are not registered pharmacists. ”

“ Every pharmacy or drug store shall be owned only by a licensed pharmacist, and no corporation, association or copartnership shall own a pharmacy or drug store, unless all the partners or members thereof are licensed pharmacists ”

“ A standing criticism of the use of corporations in business is that it causes such business to be owned by people who do not know anything about it. Argument has not been supposed to be necessary in order to show that the divorce between the power of control and knowledge is an evil. ”

“ At the time of the passage of the act, appellant was empowered to own and conduct and owned and thereafter continued to own and operate a number of pharmacies or drug stores at various places within the latter state. After the passage of the act, appellant purchased and took possession of two additional drug stores in that state and carried on and continues and intends to continue a carry on a retail drug business therein under the title of 'drug store' or 'pharmacy,' including the compounding, dispensing, preparation and sale at retail of drugs, medicines, etc. ”

“ That appellant's business is a property right (Duplex Co. v. Deering, 254 U.S. 443, 465, 41 S.C.t. 172, 65 L. Ed. 349, 16 A. L. R. 196; Truax v. Corrigan, 257 U.S. 312, 327, 42 S.C.t. 124, 66 L. Ed. 254, 27 A. L. R. 375) , and as such entitled to protection against state legislation in contravention of the federal Constitution, is, of course, clear. ”